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Home My WebLink About2018-1091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3]I 271 RESOLUTION NO. 2018-109 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING, INC. FOR CIVIL ENGINEERING DESIGN SERVICES FOR PAVEMENT REHABILITATION FOR 14 STREET SEGMENTS THROUGHOUT THE CITY (SS18-003 & SS17-003) AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $166,036 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Willdan Engineering, Inc., located at 650 E. Hospitality Lane, Suite 250, San Bernardino, CA 92408-3317, is a competent experienced consulting engineering firm and has provided the most advantageous and best proposal to provide engineering design services for Pavement Rehabilitation for 14 Street Segments throughout the City (SS18-003 & SS17-003). An Agreement, not -to -exceed the amount of $166,036 with said firm to provide said services, is attached hereto as Exhibit "A" (Consultant Services Agreement) incorporated herein, and made a part hereof. Pursuant to this determination, the Director of Finance is hereby authorized and directed to issue a Purchase Order for said services to said firm, which references this Resolution. SECTION 2. The Director of Finance is authorized and directed to amend the FY 17/18 Budget by transferring funds as indicated in Attachment 1 (Location Listing & Design Cost Spreadsheet) to the staff report. SECTION 3. That the City Manager is hereby authorized and directed to execute said Agreement on behalf of the City. SECTION 4. That the authorization to execute the above -referenced Agreement is rescinded, if it is not executed and returned to the Office of the City Clerk within sixty (60) days of the passage of this Resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-109 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING, INC. FOR CIVIL ENGINEERING DESIGN SERVICES FOR PAVEMENT REHABILITATION FOR 14 STREET SEGMENTS THROUGHOUT THE CITY (SS18-003 & SS17-003) AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $166,036 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the I e day of April 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ k BARRIOS VALDIVIA� SHORETT k NICKEL RICHARD x MULVIHILL X (s) ABSTAIN ABSENT AA Georgeann HAna, CMC, 61ty Clerk The foregoing Resolution is hereby approved this 18"' day of April 2018. R. Carey Davi , Mayor City of San rnardino Approved as to form: Gary D. Saenz, City Attorney By:-�� m Z O M O n N O O 00 V- F N o Z w to Zw Ca w z Q N w co Y K O OZ U H m H U 7 J � m Q x W CC H z cW G a o_ oN 0 0 0 00 ID w ko 00 00 V E a a a O E E E m O O O Ln U) O rl Ln N T V VT m VT Ln V? 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CITY: CITY OF SAN BERNARDINO 290 North "D" Street, 3rd Floor San Bernardino, California 92401 CONSULTANT: Willdan Engineering, Inc. 650 E. Hospitality Lane, Suite 250 San Bernardino, CA 92408-3317 SERVICES: Agreement for Engineering Design Services for Rehabilitation of 14 Street Segments throughout the City (SS 18-003 & SS 17-003) To be performed by: David Hunt, P.E. AMOUNT: $166,036 EXPIRATION DATE: JUNE 30, 2019 MANAGING DEPARTMENT: Alex Qishta, P.E., Deputy Director of Public Works/City Engineer Form Services Agreement: Rev. 2018-02-01 EXHIBIT "A" CONSULTANT SERVICES AGREEMENT This Consultant Services Agreement is entered into by and between the City of San Bernardino, a charter city and municipal corporation (City), and Willdan Engineering, Inc. (Consultant). RECITALS WHEREAS, City wishes to retain Consultant to provide for Engineering Design Services for Pavement Rehabilitation at 14 Street Segments throughout the City (SS18-003 & SS17-003) in accordance with Consultant's proposal dated October 19, 201ilattached and incorporated herein as Attachment "A" (Services); and WHEREAS, Consultant has the expertise, experience, and personnel necessary to provide the Services including, as applicable, that degree of specialized expertise contemplated by Government Code section 37103; and WHEREAS, City and Consultant (collectively, the Parties) wish to enter into an agreement whereby City will retain Consultant to provide the Services. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged, City and Consultant agree as follows: ARTICLE I SCOPE OF AGREEMENT AND AGREEMENT MANAGEMENT 1.0 Scope of Agreement. This scope of the entire agreement between the parties is described in the Agreement Documents. The Agreement Documents are comprised of. the Request for Proposal or other solicitation document (Solicitation); the successful bid or proposal; the letter awarding the Agreement to Consultant; the City's written acceptance of exceptions or clarifications to the Solicitation, if any; and this Consultant Services Agreement (Agreement) including any exhibits hereto. 1.1 Scope of Services. Consultant shall provide the Services as described in the Scope of Services attached hereto as Attachment "A" and incorporated herein by this reference. 1.2 Duty to Inform City of Changes in Scope of Services. Consultant shall immediately advise the City in writing of any anticipated change in the Scope of Services, stipulated remuneration, or time schedule, and shall obtain the City's written consent to the change prior to making any changes. In no event shall the City's consent be construed to relieve Consultant from its duty to render all Services in accordance with applicable law and industry standards. 1.3 Agreement Non -Exclusive. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the Services or may have its own employees perform services similar to the Services. P9. t Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" 1.4 Agreement Interpretation. The Agreement Documents completely describe the Services. Contractor will provide any services that may reasonably be inferred from the Agreement Documents or from prevailing custom or trade usage as being required to produce the intended result whether or not specifically called for or identified in the Agreement Documents. Words or phrases which have a well-known technical or construction industry or trade meaning and are used to describe Services will be interpreted in accordance with that meaning unless a definition has been provided in the Agreement Documents. 1.5 Order of Precedence. In resolving conflicts resulting from errors or discrepancies in any of the Agreement Documents, the terms of this Agreement shall prevail over any inconsistent provision in any other Agreement Document, including exhibits to this Agreement. 1.6 City Manager. The City Manager, or her designee named below in Section 1.7, is the authorized representative of the City for purposes of this Agreement, and has the responsibilities described in this Agreement, in the San Bernardino Charter, and in Chapter 3.04 of the San Bernardino Municipal Code. The City Manager must sign all Agreement amendments. 1.7 Notices. Unless otherwise specified, in all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is personally delivered or deposited in the United States mail, with first class postage paid, attention to the City Manager. Proper notice is effective on the date of personal delivery or five (5) days after deposit in a United States postal mailbox unless provided otherwise in the Agreement. Notices for each party shall be sent to: FOR THE CITY: Alex Qishta, P.E., Deputy Director of Public Works/City Engineer City of San Bernardino 290 North "D" Street San Bernardino, CA 92401 FOR THE CONSULTANT David Hunt, P.E. Willdan Engineering, Inc. 650 E. Hospitality Lane, Suite 250 San Bernardino, CA 92408-3317 ARTICLE II TERM OF AGREEMENT 2.0 Term. This Agreement shall be for a period of approximately fourteen (14) months beginning on the Effective Date, defined below in Section 2.1, through JUNE 30, 2019. City may, in its sole discretion, extend this Agreement for twelve (12) months. Unless otherwise terminated, this Agreement shall be effective until completion of the Scope of Services or pg. 2 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" JUNE 30, 2019, whichever is earliest. 2.1 Effective Date. This Agreement shall be effective on the date it is executed by the last Party to sign the Agreement, and approved as to form by the City Attorney. 2.2 Agreement Extension. The City Manager may, in her sole discretion, unilaterally extend the Agreement on a month-to-month basis following Agreement expiration. Consultant shall not increase its pricing described in Exhibit A without prior express written consent from the City Manager. ARTICLE III SUSPENSION AND TERMINATION 3.0 City's Right to Suspend for Convenience. City may suspend all or any portion of Consultant's performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City must first give ten (10) days' written notice to Consultant of such suspension. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and conditions of this Agreement. Consultant will be entitled to an extension of time to complete performance under the Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties. 3.1 City's Right to Terminate for Convenience. City may, at its sole option and for its convenience, terminate all or any portion of this Agreement by giving thirty (30) days' written notice of such termination to Consultant. The termination of the Agreement shall be effective upon receipt of the notice by Consultant. After termination of all or any portion of the Agreement, Consultant shall: (1) immediately discontinue all affected performance (unless the notice directs otherwise); and (2) complete any and all additional work necessary for the orderly filing of documents and closing of Consultant's affected performance under the Agreement. After filing of documents and completion of performance, Consultant shall deliver to City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials created or received by Consultant in performing this Agreement, whether completed or in process. By accepting payment for completion, filing, and delivering documents as called for in this section, Consultant discharges City of all of City's payment obligations and liabilities under this Agreement with regard to the affected performance. 3.2 City's Right to Terminate for Default. Consultant's failure to satisfactorily perform any obligation required by this Agreement constitutes a default. Examples of default include a determination by City that Consultant has: (1) failed to perform the services of the required quality or within the time specified; (2) failed to perform any of the obligations of this Agreement; and (3) failed to make sufficient progress in performance which may jeopardize full performance. pg. 3 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" 3.2.1 If Consultant fails to satisfactorily cure a default within ten (10) calendar days of receiving written notice from City specifying the nature of the default, City may immediately cancel and/or terminate this Agreement, and terminate each and every right of Consultant, and any person claiming any rights by or through Consultant under this Agreement. 3.2.2 If City terminates this Agreement, in whole or in part, City may procure, upon such terms and in such manner as the City Manager may deem appropriate, equivalent services and Consultant shall be liable to City for any excess costs. Consultant shall also continue performance to the extent not terminated. 3.3 Termination for Bankruptcy or Assignment for the Benefit of Creditors. If Consultant files a voluntary petition in bankruptcy, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to, or demand upon Consultant, terminate this Agreement, and terminate each and every right of Consultant, and any person claiming rights by and through Consultant under this Agreement. 3.4 Consultant's Right to Payment Following Agreement Termination. 3.4.1 Termination for Convenience. If the termination is for the convenience of City an equitable adjustment in the Agreement price shall be made. No amount shall be allowed for anticipated profit on unperformed services, and no amount shall be paid for an as needed Agreement beyond the Agreement termination date. 3.4.2 Termination for Default. If, after City gives notice of termination for failure to fulfill Agreement obligations to Consultant, it is determined that Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of City. In such event, adjustment in the Agreement price shall be made as provided in Section 3.1. City's rights and remedies are in addition to any other rights and remedies provided by law or under this Agreement. 3.5 Remedies Cumulative. City's remedies are cumulative and are not intended to be exclusive of any other remedies or means of redress to which City may be lawfully entitled in case of any breach or threatened breach of any provision of this Agreement. ARTICLE IV COMPENSATION 4.0 Invoice Date. Consultant must submit invoices for services to City by the 10th day of the month following the month in which Consultant provided services. 4.1 Manner of Payment. Consultant will be paid monthly, in arrears, for services provided in accordance with the terms and conditions specified in the Agreement within pg. 4 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" thirty (30) days of receiving an invoice. City shall pay Consultant in accordance with the terms contained within Exhibit A. Consultant is not entitled to fees, including fees for expenses, that exceed the amounts specified in Exhibit A. 4.2 Invoice Detail. Consultant's invoice must be on Consultant's stationary with Consultant's name, address, and remittance address if different. Consultant's invoice must have a date, an invoice number, a purchase order number, a description of the services provided, and an amount due. Invoices must include the address of the location where services were performed and the dates in which services were provided. Consultant shall also submit one statement of progress with the invoice and at least once per calendar month to the City to the City Manager. Consultant shall include with each statement of progress a description of completed Services, reasonably related expenses, if any, and all other information, including but not limited to the progress percentage of the Scope of Services and/or deliverables completed prior to the reporting date, as required by the City. 4.3 Amount of Compensation. City shall pay Consultant for performance of all Services rendered in accordance with this Agreement, including, fees for Additional Services, as defined below, and out-of-pocket expenses (Expenses), in an amount not to exceed $166,036. The compensation will be based on an hourly fee for the time actually expended performing the Services. Billing rates for the Services provided are outlined in Exhibit A. The rates are valid throughout the term of the Agreement or until the Scope of Services are completed unless otherwise amended and agreed by both parties in writing. 4.4 Additional Services. City may require Consultant to perform additional Services beyond those described in the Scope of Services (Additional Services). Before Consultant commences such work, the Parties must agree in writing upon a fee for the Additional Services, including reasonably related expenses, in accordance with Section 4.3. City will not pay Consultant for Additional Services unless Consultant receives prior written authorization from the City Manager. Failure to do so will result in payment being withheld for services. If approved, Consultant will separately invoice for all Additional Services and include a copy of the City Manager's written authorization. 4.5 Additional Costs. Additional Costs are costs that can be reasonably determined to be related to Consultant's errors or omissions. Consultant shall not be paid for the Services required due to the Consultant's errors or omissions, and Consultant shall be responsible for any Additional Costs incurred by the City, including overhead, associated with such errors or omissions. These Additional Costs may be deducted from monies due, or that become due, to Consultant. Whether or not there are any monies due, or becoming due, Consultant shall reimburse City for Additional Costs due to Consultant's errors or omissions. 4.6 Eighty Percent Notification. Consultant shall promptly notify City in writing of any potential cost overruns. Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services appears that it may be greater than the maximum compensation for this Agreement. pg. 5 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" 4.7 Annual Appropriation of Funds. Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the Mayor and City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated at the end of the fiscal year for which sufficient funding is not appropriated and authorized. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by Mayor and City Council. 4.8 Price Adjustments. Based on Consultant's written request and justification, the City may approve an increase in unit prices on Consultant's pricing pages consistent with the amount requested in the justification in an amount not to exceed the increase in the Consumer Price Index, Riverside -San Bernardino- Ontario Area, for All Urban Customers (CPI -U) as published by the Bureau of Labor Statistics, or 5.0%, whichever is less, during the preceding one year term. If the CPI -U is a negative number, then the unit prices shall not be adjusted for that option year (the unit prices will not be decreased). A negative CPI - U shall be counted against any subsequent increases in the CPI -U when calculating the unit prices for later option years. Consultant must provide such written request and justification no less than sixty days before the date in which City may exercise the option to renew the Agreement, or sixty days before the anniversary date of the Agreement. Justification in support of the written request must include a description of the basis for the adjustment, the proposed effective date and reasons for said date, and the amount of the adjustment requested with documentation to support the requested change (e.g. CPI -U or 5.0%, whichever is less). City's approval of this request must be in writing. ARTICLE V CONSULTANT'S OBLIGATIONS 5.0 Right to Audit. City retains the right to review and audit, and the reasonable right of access to Consultant's and any Subcontractor's premises, to review and audit Consultant's or Subcontractor's compliance with the provisions of this Agreement (City's Right). City's Right includes the right to inspect, photocopy, and retain copies of any and all books, records, documents and any other information (Records) relating to this Agreement outside of Consultant's premises if deemed necessary by City in its sole discretion. City shall keep these Records confidential to the extent permitted by law. 5.1 Audit. City's Right includes the right to examine Records of procedures and practices that City determines are necessary to discover and verify that Consultant or Subcontractor is in compliance with all requirements under this Agreement. 5.2 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City's Right includes the right to Records that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred. 5.3 Accounting Records. Consultant and all subcontractors shall maintain complete and accurate Records in accordance with generally accepted accounting practices. Consultant pg. 6 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" and Subcontractors shall make available to City for review and audit all Records relating to the Services. Upon City's request, Consultant and Subcontractors shall submit exact duplicates of originals of all requested records to City. 5.4 Subcontractors. Consultant's hiring or retaining of any third parties (Subcontractors) to perform Services (Subcontractor Services) is subject to City's prior written approval. Consultant shall list all Subcontractors known to Consultant on the Subcontractor List at the time this Agreement is entered. Consultant shall give written notice to the City of the need at least 45 days before entering into a contract for such Subcontractor Services. Consultant's notice shall include a justification, a description of the Scope of Services, and an estimate of all costs for Subcontractor Services. Consultant may request that City reduce the 45 -day notice period. City agrees to consider such requests in good faith. 5.4.1 City's Right Binding on Subcontractors. Consultant shall include City's Right as described in this Section 5.0 in any and all of their subcontracts, and shall ensure that these sections are binding upon all Subcontractors. 5.4.2 Subcontractor Contract. Consultant shall require Subcontractor to obtain and maintain insurance policies as required by City for the duration of this Agreement. Consultant shall determine Subcontractor policy limits and required endorsements proportionate to the services performed by Subcontractor. 5.4.3 Payment to Subcontractor. Consultant is obligated to pay Subcontractor, for Consultant and City- approved invoice amounts, out of amounts paid by City to Consultant not later than fourteen (14) working days from Consultant's receipt of payment from City. Nothing in this paragraph shall be construed to impair the right of Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves. 5.4.4 Withholding Subcontractor Payment. If Subcontractor's performance is deficient, Consultant shall notify City in writing of any withholding of payment to Subcontractor, specifying: (a) the amount withheld; (b) the specific cause under the terms of the subcontract for withholding payment; (c) the connection between the cause for withholding payment and the amount withheld; and (d) the remedial action Subcontractor must take in order to receive the amount withheld. Once Subcontractor corrects the deficiency, Consultant shall pay Subcontractor the amount withheld within fourteen working days of the Consultant's receipt of City's next payment. 5.4.5 Disputes with Subcontractor. City shall not be made a party to any judicial or administrative proceeding to resolve any dispute between Consultant and Subcontractor. Consultant agrees to defend and indemnify the City as described in Section 7.0 in any dispute between Consultant and Subcontractor should City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position. pg. 7 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" 5.4.6 City as Beneficiary. City is an intended beneficiary of any work performed by Subcontractor for purposes of establishing a duty of care between Subcontractor and City. 5.5 Consultant and Subcontractor Principals for Consultant Services. This Agreement is for unique Services. City has retained Consultant based on Consultant's particular professional expertise as exhibited by the following members of the Consultant's organization: Ray Wellington, P.E. (the Project Team). Consultant may not delegate the performance of Services to Subcontractors without City's prior written consent. It is mutually agreed that the members of the Project Team are the principal persons responsible for delivery of all Services and may not be removed from the Project without the City's prior written approval. City may consider Consultant in default of this Agreement if any member of the Project Team is prevented from providing Services without City's prior written approval. Consultant must consult City as to any replacement if any member of the Project Team becomes unavailable. City may terminate this Agreement if City does not approve of a proposed replacement. Further, City reserves the right, after consultation with Consultant, to require any of Consultant's employees or agents to be removed from providing Services under this Agreement. 5.6 Responsibility for Errors. Consultant shall be responsible for its services and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City Manager or her designee, regarding any services rendered under this Agreement at no additional cost to City. 5.7 Delay. Unless otherwise specified herein, time is of the essence for each and every provision of the Agreement. Consultant must immediately notify City in writing if there is, or it is anticipated that there will be, a delay in performance. The written notice must explain the cause for the delay and provide a reasonable estimate of the length of the delay. City may terminate this Agreement as provided herein if City, in its sole discretion, determines the delay is material. If a delay in performance is caused by any unforeseen event(s) beyond the control of the parties, City may allow Consultant to a reasonable extension of time to complete performance, but Consultant will not be entitled to damages or additional compensation. Any such extension of time must be approved in writing by City. The following conditions may constitute such a delay: war; changes in law or government regulation; labor disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the performance; inability to obtain materials, equipment or labor; or other specific reasons agreed to between City and Consultant. This provision does not apply to a delay caused by Consultant's acts or omissions. Consultant is not entitled to an extension of time to perform if a delay is caused by Consultant's inability to obtain materials, equipment, or labor unless City has received, in a timely manner, documentary proof satisfactory to City of Consultant's inability to obtain materials, equipment, or labor, in which case City's approval must be in writing. 5.8 Restrictions and Regulations Requiring Agreement Modification. Consultant shall immediately notify City in writing of any regulations or restrictions that may or will require Consultant to alter the services to be provided. City reserves the right to accept any pg. 8 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" such alteration, including any resulting reasonable price adjustments, or to cancel the Agreement at no expense to the City. 5.9 Industry Standards. Consultant shall provide services acceptable to City in strict conformance with the Agreement. Consultant shall also provide services in accordance with the standards customarily adhered to by an experienced and competent provider of the services called for under this Agreement using the degree of care and skill ordinarily exercised by reputable providers of such services. Where approval by City Manager or other representative of City is required, it is understood to be general approval only and does not relieve Consultant of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices. 5.10 Records Retention and Examination. Consultant shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, relating to this Agreement for five (5) years after receipt of final payment by City under this Agreement. Consultant shall make all such records and documents available for inspection, copying, or other reproduction, and auditing by authorized representatives of City, including the City Manager or designee. Consultant shall make available all requested data and records at reasonable locations within City or County of San Bernardino at any time during normal business hours, and as often as City deems necessary. If records are not made available within the City or County of San Bernardino, Consultant shall pay City's travel costs to the location where the records are maintained and shall pay for all related travel expenses. Failure to make requested records available for inspection, copying, or other reproduction, or auditing by the date requested may result in termination of the Agreement. Consultant must include this provision in all subcontracts made in connection with this Agreement. Consultant shall maintain records of all subcontracts entered into with all firms, all project invoices received from Subcontractors and Suppliers, all purchases of materials and services from Suppliers, and all joint venture participation. Records shall show name, telephone number including area code, and business address of each Subcontractor and Supplier, and joint venture partner, and the total amount actually paid to each firm. Project relevant records, regardless of tier, may be periodically reviewed by the City. 5.11 Quality Assurance Meetings. Upon City's request, Consultant shall schedule one or more quality assurance meetings with City Manager or designee to discuss Consultant's performance. If requested, Consultant shall schedule the first quality assurance meeting no later than eight (8) weeks from the date of commencement of work under the Agreement. At the quality assurance meeting(s), City Manager or designee will provide Consultant with feedback, will note any deficiencies in Agreement performance, and provide Consultant with an opportunity to address and correct such deficiencies. The total number of quality assurance meetings that may be required by City will depend upon Consultant's performance. 5.12 Duty to Cooperate with Auditor. The City Manager or designee may, in her sole discretion, at no cost to the City, and for purposes of performing the City's audit responsibilities under Charter section 704, review Consultant's records to confirm Agreement compliance. Consultant shall make reasonable efforts to cooperate with City pg. 9 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" Manager's requests. 5.13 Criminal Background Certification. Consultant certifies that all employees working on this Agreement have had a criminal background check and that said employees are clear of any felony convictions. 5.14 Photo Identification Badge. Consultant shall provide a company photo identification badge to any individual assigned by Consultant or subcontractor to perform services on City premises. Such badge must be worn at all times while on City premises. City reserves the right to require Consultant to pay fingerprinting fees for personnel assigned to work in sensitive areas. All employees shall turn in their photo identification badges to Consultant upon completion of services and prior to final payment of invoice. 5.15 Standards of Conduct. Consultant is responsible for maintaining standards of employee competence, conduct, courtesy, appearance, honesty, and integrity satisfactory to the City. 5.16 Supervision. Consultant shall provide adequate and competent supervision at all times during the Agreement term. Consultant shall be readily available to meet with the City. Consultant shall provide the telephone numbers where its representatives) can be reached. 5.17 City Premises. Consultant's employees and agents shall comply with all City rules and regulations while on City premises. 5.18 Removal of Employees. City may request Consultant immediately remove from assignment to the City any employee found unfit to perform duties at the City. Consultant shall comply with all such requests. 5.19 Licenses and Permits. Consultant shall, without additional expense to the City, be responsible for obtaining any necessary licenses, permits, certifications, accreditations, fees and approvals for complying with any federal, state, county, municipal, and other laws, codes, and regulations applicable to Agreement performance. This includes, but is not limited to, any laws or regulations requiring the use of licensed Consultants to perform parts of the work. ARTICLE VI INTELLECTUAL PROPERTY RIGHTS 6.0 Rights in Data. If, in connection with the services performed under this Agreement, Consultant or its employees, agents, or subcontractors, create artwork, audio recordings, blueprints, designs, diagrams, documentation, photographs, plans, reports, software, source code, specifications, surveys, system designs, video recordings, or any other original works of authorship, whether written or readable by machine (Deliverable Materials), all rights of Consultant or its subcontractors in the Deliverable Materials, including, but not limited to publication, and registration of copyrights, and trademarks in the Deliverable Materials, are the sole property of City. Consultant, including its employees, agents, and pg. 10 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" subcontractors, may not use any Deliverable Material for purposes unrelated to Consultant's work on behalf of the City without prior written consent of City. Consultant may not publish or reproduce any Deliverable Materials, for purposes unrelated to Consultant's work on behalf of the City, without the prior written consent of the City. 6.1 Intellectual Property Rights Assignment. For no additional compensation, Consultant hereby assigns to City all of Consultant's rights, title, and interest in and to the content of the Deliverable Materials created by Consultant or its employees, agents, or subcontractors, including copyrights, in connection with the services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subcontractors to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the Deliverable Materials. Consultant also shall cooperate and assist in the prosecution of any action or opposition proceeding involving such intellectual property rights and any adjudication of those rights. 6.2 Consultant Works. Consultant Works means tangible and intangible information and material that: (a) had already been conceived, invented, created, developed or acquired by Consultant prior to the effective date of this Agreement; or (b) were conceived, invented, created, or developed by Consultant after the effective date of this Agreement, but only to the extent such information and material do not constitute part or all of the Deliverable Materials called for in this Agreement. All Consultant Works, and all modifications or derivatives of such Consultant Works, including all intellectual property rights in or pertaining to the same, shall be owned solely and exclusively by Consultant. 6.3 Subcontracting. In the event that Consultant utilizes a subcontractor(s) for any portion of the work that comprises the whole or part of the specified Deliverable Materials to the City, the agreement between Consultant and the subcontractor shall include a statement that identifies the Deliverable Materials as a "works for hire" as described in the United States Copyright Act of 1976, as amended, and that all intellectual property rights in the Deliverable Materials, whether arising in copyright, trademark, service mark or other forms of intellectual property rights, belong to and shall vest solely with the City. Further, the agreement between Consultant and its subcontractor shall require that the subcontractor, if necessary, shall grant, transfer, sell and assign, free of charge, exclusively to City, all titles, rights and interests in and to the Deliverable Materials, including all copyrights, trademarks and other intellectual property rights. City shall have the right to review any such agreement for compliance with this provision. 6.4 Intellectual Property Warranty and Indemnification. Consultant represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Agreement are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a pg. 11 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Consultant to produce, at Consultant's own expense, new non -infringing materials, deliverables or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Consultant further agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services or works provided under this Agreement infringe the copyright, trademark, patent or other intellectual property or proprietary rights of any third party (Third Party Claim of Infringement). If a Third Party Claim of Infringement is threatened or made before Consultant receives payment under this Agreement, City shall be entitled, upon written notice to Consultant, to withhold some or all of such payment. 6.5 Software Licensing. Consultant represents and warrants that the software, if any, as delivered to City, does not contain any program code, virus, worm, trap door, back door, time or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically, upon the occurrence of licensor -selected conditions or manually on command. Consultant further represents and warrants that all third party software, delivered to City or used by Consultant in the performance of the Agreement, is fully licensed by the appropriate licensor. 6.6 Publication. Consultant may not publish or reproduce any Deliverable Materials, for purposes unrelated to Consultant's work on behalf of the City without prior written consent from the City. 6.7 Royalties, Licenses, and Patents. Unless otherwise specified, Consultant shall pay all royalties, license, and patent fees associated with providing services under this Agreement. Consultant warrants that any goods, materials, supplies, and equipment to be supplied do not infringe upon any patent, trademark, or copyright, and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold harmless the City, its elected officials, officers, and employees from all liability, loss and damages, whether general, exemplary or punitive, suffered as a result of any actual or claimed infringement asserted against the City, Consultant, or those furnishing goods, materials, supplies, or equipment to Consultant under the Agreement. ARTICLE VII INDEMNIFICATION AND INSURANCE 7.0 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City and its elected officials, officers, employees, and representatives (Indemnified Parties) from and against any and all claims, losses, costs, damages, injuries (including, without limitation, injury to or death of an employee of Consultant or its subcontractors), expense, and liability (including, without limitation, incidental and consequential damages, court costs, and litigation expenses and fees of expert consultants or expert witnesses incurred in pg. 12 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of services under this Agreement by Consultant, any subcontractor, anyone directly or indirectly employed by either of them, or anyone that either of them control. Consultant's duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arising from the active negligence, sole negligence or willful misconduct of the Indemnified Parties. 7.1 Insurance. Consultant shall not begin any performance under this Agreement until it has (1) provided City insurance certificates and endorsements reflecting evidence of all insurance and endorsements required and described herein; (2) obtained City approval of each insurance company or companies; and (3) confirmed that all policies contain the special provisions required herein. Consultant's liabilities, including but not limited to Consultant's indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and Consultant's failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated by City as a material breach of Agreement. City reserves the right to require Consultant to submit copies of any policy upon reasonable request by City. 7.1.1 All policies shall include, and the insurance certificates shall reflect, a 30 -day non -cancellation clause that provides thirty (30) days written notice by certified mail to City prior to any material change or cancellation of any of said policies. 7.1.2 Consultant shall not modify any policy or endorsement thereto which increases City's exposure to loss for the duration of this Agreement. 7.1.3 Consultant shall maintain insurance coverage at its own expense as follows: 7.1.3.1 Commercial General Liability. Commercial General Liability (CGL) insurance written on an ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad which shall cover liability arising from any and all bodily injury, personal injury, advertising injury or property damage in the amount of $1 million per occurrence and subject to an annual aggregate of $2 million. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured claims or contractual liability. All defense costs shall be outside the limits of the policy. 7.1.3.2 Commercial Automobile Liability. For all of Consultant's automobiles including owned, hired and non -owned automobiles, Consultant shall keep in full force and effect, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1 million per occurrence. The insurance certificate shall reflect coverage for any pg. 13 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" automobile (any auto). 7.1.3.3 Workers' Compensation. For all of Consultant's employees who are subject to this Agreement and to the extent required by the applicable state or federal law, Consultant shall keep in full force and effect, a Workers' Compensation policy. That policy shall provide a minimum of $1 million of employer's liability coverage, and Consultant shall provide an endorsement that the insurer waives the right of subrogation against City and its respective elected officials, officers, employees, agents, and representatives. 7.1.3.4 Professional Liability. Consultant shall obtain Professional Liability coverage with limits of at least $1 million per occurrence and $2 million aggregate, covering the risk of errors and omissions, negligent acts and costs of claims/litigation, including investigation and court costs. If the coverage is written on a "claims -made" form, Consultant must ensure that the policy retroactive date is before the date of the Agreement is awarded, that coverage is maintained during the duration of performance of the Agreement or the Agreement period (whichever is longer) and the policy has a reporting period or run-off provision of at least three (3) years following completion or termination of the performance of professional services under this Agreement. 7.1.4 Deductibles. All deductibles or retentions on any policy shall be the sole responsibility of Consultant and shall be disclosed to City at the time the evidence of insurance is provided. 7.1.5 Acceptability of Insurers. Except for the State Compensation Insurance Fund, all insurance required by this Agreement, shall only be carried by insurance companies with a current rating of at least "A-, VI" by A.M. Best Company that are authorized by the California Insurance Commissioner to do business in the State of California, and that have been approved by City. 7.1.5.1 City will accept insurance provided by non -admitted, "surplus lines" carriers only if the carrier is authorized to do business in the State of California and is included on the List of Approved Surplus Lines Insurers (LASLI list). All policies of insurance carried by non - admitted carriers are subject to all of the requirements for policies of insurance provided by admitted carriers described herein. 7.1.6 Required Endorsements. The following endorsements to the policies of insurance are required to be provided to City before any performance is initiated under this Agreement: 7.1.6.1 Commercial General Liability Insurance Endorsements. pg. 14 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" 7.1.6.1.1 Additional Insured. To the fullest extent allowed by law, including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an insured City of San Bernardino and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of (a) ongoing operations performed by you or on your behalf, (b) your products, (c) your work, including but not limited to your completed operations performed by you or on your behalf, or (d) premises owned, leased, controlled or used by you. 7.1.6.1.2 Primary and Non-contributory Coverage. The policy or policies must be endorsed to provide that the insurance afforded by the Commercial General Liability policy or policies is primary to any insurance or self-insurance of City, its elected officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by City, its elected officials, officers, employees, agents and representatives shall be in excess of Consultant's insurance and shall not contribute to it. 7.1.6.1.3 Severability of Interest. The policy or policies must be endorsed to provide that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability and shall provide cross -liability coverage. 7.1.6.2 Automobile Liability Insurance Endorsements. 7.1.6.2.1 Additional Insured. To the fullest extent allowed by law, including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an insured City of San Bernardino and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Consultant. 7.1.6.2.2 Primary and Non-contributory Coverage. The policy or policies must be endorsed to provide that the insurance afforded by the Automobile Liability policy or policies is primary to any insurance or self-insurance of City, its elected officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by City, its elected officials, officers, employees, agents and representatives shall be in excess of Consultant's insurance and shall not contribute to it. 7.1.6.2.3 Severability of Interest. The policy or policies must be endorsed to provide that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except pg. 15 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" with respect to the limits of the insurer's liability and shall provide cross -liability coverage. 7.1.6.3 Worker's Compensation Insurance Endorsements. 7.1.6.3.1 Waiver of Subrogation. The Worker's Compensation policy or policies must be endorsed to provide that the insurer will waive all rights of subrogation against City of San Bernardino, its elected officials, officers, employees, agents and representatives for losses paid under the terms of this policy or these policies which arise from work performed by the Named Insured for City. 7.1.6.3.2 Reservation of Rights. City reserves the right, from time to time, to review Consultant's insurance coverage, limits, deductible, and self-insured retentions to determine if they are acceptable to City. City will reimburse Consultant for the cost of the additional premium for any coverage requested by City in excess of that required by this Agreement, without overhead, profit, or any other markup. 7.1.7 Additional Insurance. Consultant may obtain additional insurance not required by this Agreement. 7.1.8 Excess Insurance. All policies providing excess coverage to City shall follow the form of the primary policy or policies including but not limited to all endorsements. ARTICLE VIII CITY REQUIREMENTS 8.0 City Policies. By signing this Agreement, Consultant certifies that Consultant is aware of, and will comply with, these policies throughout the duration of the Agreement. Consultant shall ensure that this language is included in Agreements between Consultant and any Subcontractors, vendors and suppliers. 8.1 Drug -Free Workplace. Consultant shall comply with City's Drug -Free Workplace requirements. 8.2 Americans with Disabilities Act (ADA) and State Access Laws and Regulations. Consultant shall comply with all accessibility requirements under the ADA and under Title 24 of the California Code of Regulations (Title 24). When a conflict exists between the ADA and Title 24, Consultant shall comply with the most restrictive requirement (i.e., that which provides the most access). 8.3 Non -Discrimination. Consultant shall not discriminate on the basis of race, gender, gender expression, gender identity, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of subcontractors, vendors or suppliers. Consultant shall provide equal opportunity for subcontractors to pg. 16 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" participate in subcontracting opportunities. Consultant understands and agrees that violation of this clause shall be considered a material breach of the Agreement and may result in Agreement termination, debarment, or other sanctions. Consultant shall ensure that this language is included in Agreements between Consultant and any subcontractors, vendors and suppliers. 8.4 Business Registration Certificate. Any company doing business with the City of San Bernardino is required to obtain a Business Registration Certificate and to provide a copy of its Business Registration Certificate to the City before an Agreement is executed. ARTICLE IX CONFLICTS OF INTEREST AND VIOLATIONS OF LAW 9.0 Conflict of Interest Laws. Consultant is subject to all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices including, but not limited to, California Government Code sections 1090, et. seq. and 81000, et. seq. City may determine that Consultant must complete one or more statements of economic interest disclosing relevant financial interests. Upon City's request, Consultant shall submit the necessary documents to City. 9.1 Consultant's Responsibility for Employees and Agents. Consultant is required to establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships. 9.2 Consultant's Financial or Organizational Interests. In connection with any task, Consultant shall not recommend or specify any product, supplier, or Consultant with whom Consultant has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 9.3 Certification of Non -Collusion. Consultant certifies that: (1) Consultant's bid or proposal was not made in the interest of or on behalf of any person, firm, or corporation not identified; (2) Consultant did not directly or indirectly induce or solicit any other bidder or proposer to put in a sham bid or proposal; (3) Consultant did not directly or indirectly induce or solicit any other person, firm or corporation to refrain from bidding; and (4) Consultant did not seek by collusion to secure any advantage over the other bidders or proposers. 9.4 Hiring City Employees. This Agreement shall be unilaterally and immediately terminated by City if Consultant employs an individual who within the twelve (12) months immediately preceding such employment did in his/her capacity as a City officer or employee participate in negotiations with or otherwise have an influence on the selection of Consultant. pg. 17 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" ARTICLE X DISPUTE RESOLUTION 10.0 Mediation. If a dispute arises out of or relates to this Agreement and cannot be settled through normal Agreement negotiations, Consultant and City shall use mandatory non-binding mediation before having recourse in a court of law. 10.1 Selection of Mediator. A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Agreement, if possible. 10.2 Expenses. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise. 10.3 Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. The discussions, statements, writings and admissions will be confidential to the proceedings (pursuant to California Evidence Code sections 1115 through 1128) and will not be used for any other purpose unless otherwise agreed by the parties in writing. The parties may agree to exchange any information they deem necessary. Both parties shall have a representative attend the mediation who is authorized to settle the dispute, though City's recommendation of settlement may be subject to the approval of the Mayor and City Council. Either party may have attorneys, witnesses or experts present. 10.4 Mediation Results. Any agreements resulting from mediation shall be memorialized in writing. The results of the mediation shall not be final or binding unless otherwise agreed to in writing by the parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be subject to discovery. ARTICLE XI MANDATORY ASSISTANCE 11.0 Mandatory Assistance. If a third party dispute or litigation, or both, arises out of, or relates in any way to the services provided to the City under the Agreement, Consultant , its agents, officers, and employees agree to assist in resolving the dispute or litigation upon City's request. Consultant's assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. The City is agreeable to pay for the Consultant's time and costs based on a mutually agreeable price. 11.1 Compensation for Mandatory Assistance. City will compensate Consultant for fees incurred for providing Mandatory Assistance. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of pg. 18 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" Consultant, its agents, officers, and employees, Consultant shall reimburse City for all fees paid to Consultant, its agents, officers, and employees for Mandatory Assistance. 11.2 Attorneys' Fees Related to Mandatory Assistance. In providing City with dispute or litigation assistance, Consultant or its agents, officers, and employees may incur expenses and/or costs. Consultant agrees that any attorney fees it may incur as a result of assistance provided under Section 11.0 are not reimbursable. ARTICLE XII MISCELLANEOUS PROVISIONS 12.0 Headings. All headings are for convenience only and shall not affect the interpretation of this Agreement. 12.1 Non -Assignment. Consultant may not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due under this Agreement, without City's prior written approval. Any assignment in violation of this paragraph shall constitute a default and is grounds for termination of this Agreement at the City's sole discretion. In no event shall any putative assignment create a contractual relationship between City and any putative assignee. 12.2 Independent Contractors. Consultant and any subcontractors employed by Consultant are independent contractors and not agents of City. Any provisions of this Agreement that may appear to give City any right to direct Consultant concerning the details of performing the services, or to exercise any control over performance of the Agreement, shall mean only that Consultant shall follow the direction of City concerning the end results of the performance. 12.3 Subcontractors. All persons assigned to perform any work related to this Agreement, including any subcontractors, are deemed to be employees of Consultant, and Consultant shall be directly responsible for their work. 12.4 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of City or Consultant shall be deemed to be both covenants and conditions. 12.5 Compliance with Controlling Law. Consultant shall comply with all applicable local, state, and federal laws, regulations, and policies. Consultant's act or omission in violation of applicable local, state, and federal laws, regulations, and policies is grounds for Agreement termination. In addition to all other remedies or damages allowed by law, Consultant is liable to City for all damages, including costs for substitute performance, sustained as a result of the violation. In addition, Consultant may be subject to suspension, debarment, or both. 12.6 Governing Law. The Agreement shall be deemed to be made under, construed in accordance with, and governed by the laws of the State of California without regard to the pg. 19 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" conflicts or choice of law provisions thereof. 12.7 Venue. The venue for any suit concerning solicitations or the Agreement, the interpretation of application of any of its terms and conditions, or any related disputes shall be in the Superior Court for the State of California, County of San Bernardino. 12.8 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any party's successor in interest. 12.9 No Waiver. No failure of either City or Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect without respect to any existing or subsequent breach. 12.10 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 12.11 Drafting Ambiguities. The parties acknowledge that they have the right to be advised by legal counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether to seek advice of legal counsel with respect to this Agreement is the sole responsibility of each party. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. 12.12 Amendments. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by a written agreement executed by duly authorized representatives of City and Consultant. Any alleged oral amendments have no force or effect. 12.13 Conflicts Between Terms. If this Agreement conflicts with an applicable local, state, or federal law, regulation, or court order, the applicable local, state, or federal law, regulation, or court order shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits or attachments, and laws, regulations, or orders are not deemed conflicts, and the most stringent requirement shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 12.14 Survival of Obligations. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in this Agreement, shall survive, completion and acceptance of performance and termination, expiration or completion of the Agreement. pg. 20 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" 12.15 Confidentiality of Services. All services performed by Consultant, and any subcontractors if applicable, including but not limited to all drafts, data, information, correspondence, proposals, reports of any nature, estimates compiled or composed by Consultant, are for the sole use of City, its agents, and employees. Neither the documents nor their contents shall be released by Consultant or any subcontractor to any third party without the prior written consent of City. This provision does not apply to information that: (1) was publicly known, or otherwise known to Consultant, at the time it was disclosed to Consultant by City; (2) subsequently becomes publicly known through no act or omission of Consultant; or (3) otherwise becomes known to Consultant other than through disclosure by City. 12.16 Insolvency. If Consultant enters into proceedings relating to bankruptcy, whether voluntary or involuntary, Consultant agrees to furnish, by certified mail or electronic commerce method authorized by the Agreement, written notification of the bankruptcy to the City. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of City Agreements against which final payment has not been made. This obligation remains in effect until final payment is made under this Agreement. 12.17 No Third Party Beneficiaries. Except as may be specifically set forth in this Agreement, none of the provisions of this Agreement are intended to benefit any third party not specifically referenced herein. No party other than City and Consultant shall have the right to enforce any of the provisions of this Agreement. 12.18 Actions of City in its Governmental Capacity. Nothing in this Agreement shall be interpreted as limiting the rights and obligations of City in its governmental or regulatory capacity. 12.19 Counterparts. This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page. [Signature Page Follows] pg. 21 Consultant Services Agreement Willdan Engineering, Inc. EXHIBIT "A" IN WITNESS WHEREOF, this Agreement is executed by City and Consultant acting by and through their authorized officers. CITY OF SAN BERNARDINO: Date: —4 / -0-Z / 2018 , " 4 6, d VWAY11 A Andrea M. Miller, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney Signature Page Consultant Services Agreement Willdan Engineering, Inc. 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LLDAN October 19, 2017 City of San Bernardino Department of Development Services Public Works Division ATTN: Saba Engineer, P.E., Acting Deputy Director of Public Works/City Engineer 201 N. "E" Street, 2nd Floor San Bernardino, CA 92401 Subject: Proposal to Provide Gvil Engineering Design Services for Pavement Rehabilitation at 14 Street Locations (SS018-003 & SS017-003) Dear Ms. Engineer: The City of San Bernardino is seeking a qualified consulting team for the design of pavement rehabilitation at 14 street locations for a total of approximately 5.5 miles. The approach is to utilize best design and management practices to accomplish a long-term sustainable street pavement life. This project will also include replacement of damaged curb and gutter and sidewalk along the affected street segments. The Willdan Engineering (Willdan) team leads have re- viewed the City's RFP and the available reference documents for this project. And once again, we are anxious to pro- vide to the City our experienced evaluation and design personnel for the development and delivery of this pavement rehabilitation project. For more than 53 years now, Willdan has demonstrated expertise in providing professional engineering and consulting services for street improvement projects including pavement rehabilitation in local communities for agencies through- out California. In providing such services, we have learned the various intricacies of such project implementation and how they can impact affected stakeholders. As an established municipal service consulting firm, and as ranked within ENR's Top 100 Pure Designers list this year, Willdan is the best choice, both technically and operationally, to perform the entire scope of work services; and assist with stakeholder relationships and provide sustainable roadway improve- ments. We have performed similar services for other Inland Empire agencies, including the cities of Moreno Valley, Fontana, Chino, Highland, Grand Terrace, Rialto, Calimesa, and other agencies throughout California. To ensure that our project approach will meet the City's goals for scheduling and budget, we have assembled a project team with the local knowledge, technical expertise, relevant project experience, and availability to accomplish your project goals. Ad- vantages the Willdan team brings to the City include the following: ® Turnkey Service. With Willdan, a clear majority of the project will be completed by our in-house staff of civil, traf- fic and drainage engineers, survey and R/W expertise, and utility coordinators. Our in-house team leads, reporting directly to our local Project Manager, and his local familiarity and presence, ensure that all facets of the project will be given the utmost level of attention. Additionally, our in-house staff has successfully worked together on similar projects and that experience will result in a well -understood and well -coordinated project from start to finish, ensuring that we meet the project goals. Engineering and Planning I Energy Efficiency and Sustainability I I .. ' - - - - , I National Preparedness and Interoperability 909.386.0200 1 800.789.7517 1 fax: 909.8885107 1 650 E. Hospitality Lane, Suite 260, San Bernardino, CA 92408.3317 I wwwwilidan.com Saba Engineer, P.E., Acting Deputy Director of Public Works/City Engineer October 19, 2017 Page 2 • Street, Drainage and Local Experience. As evidenced in this proposal, Willdan team members have completed nu- merous street widening and pavement improvement projects. These projects have included: R/W engineering services and surveying, ADA compliance improvements, drainage solutions (addressing NPDES Permit compliance), traffic signal modifications, traffic striping and signage for guidance, and stakeholder information support. As a periodic consultant to the City of San Bernardino since 2000, some of our team members have personally per- formed designs and reviewed other City project and local improvement plans at the City's request. ■ Relevant Experiences and Depth of Team Resources. The City of San Bernardino is seeking a consultant that will serve as project manager and technical design team lead as well as an experienced liaison to the City's project rep- resentative to report on and assist with project -related issues. Our proposed project manager (Mr. Ray Welling- ton) has in-service experience as a director of public works, a city engineer, a traffic engineer, and roadway de- signer; and has provided construction inspection and project management services during his career to date. His experience is like many of the Willdan leads and team members who have had in -agency assignments (e.g., city engineer, city traffic engineer, city planner, city surveyor, construction manager, permits technician, permit com- pliance officer, etc.), which are the cornerstones of our 53 years of services. Many of our team members have served and some currently serve in such positions for various Southern California cities. While in such positions, we are responsible for all aspects of managing and implementing operational plans, performing facility evaluations and helping to implement capital improvement programs. With such a resource of experience and many qualified technical staff members, we will proficiently and effectively serve as the City's project -specific manager and de- signers. The enclosed materials further describe our understanding of the project, our proposed approach to addressing the project's key issues, our technical scope of work, and our considerable qualifications and experience. We appreciate the opportunity to submit this proposal and welcome the prospect of working with the City of San Bernardino to suc- cessfully deliver this public improvement project. If you have any questions concerning this proposal, please contact Mr. Ray Wellington by phone at (909) 963-0592 or by email at rwellington Owillclan.com. We look forward to discussing with you the issues, scope of services, schedule and proposed fees for this project. Respectfully submitted, Willdan Engineering, Inc. (�) J � i� `` -,f David L. Hunt, PE Director of Engineering Comprehensive. Innovative. Trusted. Contents 1. Scope of Services...................................................................................................................................... i 2. Professional, Technical and Support Staff.................................................................................................4 3. Schedule................................................................................................................................................13 4. Similar Experience..................................................................................................................................14 S. Availability of Staff.................................................................................................................................19 6. Sub-consultants.....................................................................................................................................19 7. Statement of Local Preference................................................................................................................19 8. Information to be Provided by the City...................................................................................................19 9. Suggestions to Improve the Finished Project or to Comply with the Requirements of This RFP.................20 10. Proposed Fee......................................................................................................................................... 20 11. Responders Comments/Recommendations on the City Agreement Form ................................................ 20 Appendix — Required Forms..........................................................................................................................21 __umprehensive. Innovative. Trusted. Proposal for Civil Engineering Design Services for 14 Street Locations I SAN BERNARDINO i. Scope of Services Project Understanding The City of San Bernardino desires professional engi- neering services for the design of street pavement reha- bilitation at 14 locations and the repair/replacement of broken curb and gutter, sidewalk, and retrofitting or in- stalling of ADA -compliant curb ramps where required. in addition to the basic pavement and concrete work re- quested, there are many traffic signal detection loops that will be affected and an existing low water crossing of Western Avenue at Devils Creek Channel (pictured be- low) will need to be improved, along with the street pavement improvement on Western Avenue. Field surveying of many corner return locations and at specific street locations for design detail needs will be necessary. The City is also requesting the following: Overall project management ■ Compliance with federal ADA criteria and state and local standards is required E Coordination with affected utility providers within the project limits and SBCFCD for the channel cross- ing Presentation of recommendations on pavement im- provement options involving: • Remove and replace AC pavement and possibly the base materials to fit the street traffic load- ing and the existing subgrade materials • Cold mill the pavement and overlay of the exist- ing pavement Apply a slurry seal material to the existing pave- ment Replacement of traffic striping and appropriate signs. Comprehensive. Innovative. Trusted. Maintaining accounting on all invoices for the pro- ject work such that invoices are segregated accord- ing to each street segment for cost tracking within the City's CIP. Prior to delivering final design results, we will perform a constructability review and incorporate the results into the final PS&E documents. Approach Wilidan's approach to this assignment will be to first meet with the City for a kick-off meeting to discuss and gain a complete understanding of the City's precise de- sires and needs, and to obtain the available records and related information to begin the project assessment ac- tivity. Additional improvements that may arise during initial discussions may be added by negotiated amend- ment to provide the desired sustainable results. Being fully aware of the importance of completing the project on time and within budget, our team's approach is to sequence the major steps in the most time -efficient manner. The major steps in our approach and strategies for sequencing are defined below. Data Collection and Base Map Preparation. Having a comprehensive and accurate base map is critical to de- veloping design solutions that minimize impacts and ad- dress potential utility conflicts. Our survey sub -consult- ant will perform localized ground topographic survey that will be integrated with aerial imagery for the base map and final design use. Prompt utility requests will be made to obtain necessary information regarding buried and overhead facilities within the project limits. Other record improvement drawings and field observations will make up the remainder of the resources used to compile the base mapping. Utility Coordination and Relocation. Our strategy is to expedite both utility coordination and relocation (if re- quired) and to proactively coordinate with the utility companies early and frequently throughout the project. Our emphasis, once we have the identified facility loca- tions, will be to focus our communications with them to define necessary relocations or eliminate their need to make changes in existing facilities. iYPDES Compliance. Willdan's approach to NPDES com- pliance on this project is to take advantage of the exist- ing opportunity to collect street surface runoff into avail- able areas for treatment and/or infiltration prior to al- lowing the drainage to enter into the storm drain sys- Proposal for Civil Engineering Design Services for 14 Street Locations CITY OF S.A°N iBERNARDI'NO tem. Willdan's design will continue this innovative ap- proach as part of the overall water quality management. Implementation of BMPs will be documented via the project plans and San Bernardino County's Transporta- tion Project BMP template. Preliminary Design Documents. The project data collec- tion, base mapping, and utility coordination will culmi- nate in preliminary 30% level concept drawings and pre- liminary cost information to address feasible alterna- tives, challenges, or opportunities and to facilitate dis- cussion, leading to a final design scope conclusion. An assessment of drainage and options for NPDES compli- ance with San Bernardino County's Transportation Pro- ject BMP Guidance will also be addressed. A predesign report will be presented to City representatives for re- view and discussion. Final Design and PS&E. Our strategy is to begin the final design (plans, specifications, and construction estimates) as soon as the City concurs with the preliminary engi- neering, and design amendments are established and approved. Services during Bidding and Construction Work Phase. Our project manager and team leads can be available during the bid and construction phase of work to pro- vide needed technical assistance, as authorized by the City. Scope of Wort, Phase 1- Preliminary Studies/Engineering Task 1.1- Project Administration Willdan managers will attend a kick-off meeting and up to three scheduled design coordination meetings with City personnel to review the progress of work and re- ceive feedback comments. Major aspects of the project will be discussed, including design criteria; utility coordi- nation; findings from the research and design process; plan preparation, specifications, and estimates; submit- tal reviews; bid process; and anticipated construction is- sues. Meeting issues, actions, and responsibilities will be summarized in a set of notes that will be distributed to the project team. Monthly project status reports will also be provided to the City's project manager. Task 1.2 - Research Willdan will research and obtain available records perti- nent to project design, including City and Caltrans as- builts, benchmarks, centerline ties, basis of bearings, as- sessor maps and survey maps to verify rights-of-way, Comprehensive. Innovative. Truster and City standards. Our research will include site visits to photograph and verify current conditions. Task 1.3 - Coordination/Permitting Willdan will contact agency/utility owners having per- mitting authority to obtain permit conditions, approvals, and necessary agreements, if needed. Willdan will serve as a liaison between the City and agencies/utility own - e rs. Task 1.4 - Utility Notifications Willdan will prepare utility notices and deliver them to the City for mailing on City letterhead. During later stages of design, the design plans will be submitted to the identified utility companies for review and feedback relative to their respective facilities, as shown on the plans. Documentation of contacts and responses will be copied to the City. Task 1.5 - Surveying Willdan will use an experienced licensed surveyor to per- form localized field survey of topographic features and inclusion of record survey and land data. An effort to minimize cost to the City will be made by specifying street corners and segments that will require design data to accomplish a quality result. Pavement segments that are to be slurry sealed or surface ground and over- laid will not need detailed survey efforts. Task i6 - Preliminary Engineering As the preliminary design is defined, our evaluation, rec- ommendations, and preliminary cost estimate will be prepared with respect to pavement rehabilitation, any NPDES-BMP facilities and WQMP or SWPPP require- ments, impacts to existing traffic signal facilities, pedes- trian facilities and ADA compliance, and signing and striping. Willdan will compile the collective findings and submit a predesign report describing those findings, al- ternatives developed, and conclusions reached in the processes undertaken. We will meet with the City's project representatives and involved others to review and discuss the contents of the preliminary engineering, and assist in reaching ap- proval of a final design guide. Task 1.6 Deliverables - Preliminary Design Report • Preliminary Street Improvement Plans (30% de- sign) • Preliminary Cost Estimate • Phase 2 - Final PS&E Street Improvement Plans Proposal for Civil Engineering Design Services for 14 Street Locations ® Submittal Milestone Deliverables These submittals will include: • Street Improvement Plans • Transportation Project BMP Report ■ Specifications • Cost Estimate Transportation Project BMP Report Specifications Phase 2 - Final Engineering Task 2.1- Design Documents Subtask 2.1.1- Design Plans. Upon the City's review and approval of our preliminary design report and dis- cussion conclusions, Willdan will prepare plans for the proposed street and signing and striping improvements Where design and construction warrant, plan and profile sheets for street improvements will be developed at 20 scale. Plan sheets for pavement rehabilitation and sign- ing and striping will be developed at 40 scale. Construc- tion documents will be prepared in accordance with the City of San Bernardino's standards, formats, and conven- tions. Traffic design will conform to the latest edition of the Caltrans Standard Plans and Specifications, Manual on Uniform Traffic Control Devices (MUTCD), and City standards. Subtask 2.1.2 - Transportation Project 81114P Report BMP facilities will be incorporated into the design and documented to comply with NPDES requirements rela- tive to the San Bernardino County Transportation Pro- ject BMP Guidance. Subtask 2.1.3 - Specifications. Willdan will prepare the construction specifications technical section per the Standard Specifications for Public Works Construction (SSPWC) format. As part of the special provisions, Will - clan will define parameters for the construction contrac- tor to prepare and submit construction -phase traffic control plans and a finished storm water pollution pre- vention plan. Subtask 2.1.4 - Cost Estimate. Willdan will prepare a de- tailed cost estimate to include all bid items described within the contract documents. The estimate will use the same nomenclature and units of pay as indicated in the contract specifications. The estimate will reflect an- ticipated bid prices based upon similar recent projects in the area and the design engineer's own professional judgment. Comprehensive. innovative. TrusteC. Submittal Milestones. Willdan's team will prepare ap- propriate design review packages of the PS&E work and submit them to the City's Project Manager in accordance with the following schedule: • 60% completion submittal ■ 100% (Final) completion submittal Subtask2.1.5- Constructability Review. Priortosub- mittal of the 100% plans, Wilidan will provide a com- plete constructability review as part of the design pro- cess. Willdan uses this review as a common quality con- trol measure to help limit contract change orders and potential claims. This review shall include, but not be limited to: Performing a constructability review on Willdan's design work that is to be incorporated into the plan set and bid package • Performing a complete job walk to review existing improvements and identify potential conflicts Reviewing the design and specifications to identify potential construction issues Task 2.1 Deliverables Upon the City's approval of the 100% documents, Willdan will submit the following final package: • Mylar plans stamped and signed by an engi- neer Bond paper plans stamped and signed by an engineer • Quantity calculations and estimate • Signed, unbound bid documents and specifica- tions CD-ROM with the electronic files including Auto -CAD, Microsoft Word specifications, and Microsoft Excel cost estimate spreadsheet Proposal for Civil Engineering Design Services for 14 Street Locations SAN BERNARDINO 2. Professional, Technical and Support Staff The professionals selected for this project are highly ex- perienced in civil and traffic design, pavement engineer- ing, drainage, utility coordination, and survey services. Project Organization Willdan has the depth of resources to staff this assign- ment with qualified personnel. A key element of our Team is that it is an efficient, effective, and experienced unit. The organization chart below identifies the key per- sonnel and one subconsultant, and illustrates the com- munication and reporting relationships among the Will- dan team. Resumes of the key leads follow the Staff Chart. The key personnel will be available for the dura- tion of the project. Our team is structured so that the most experienced personnel are responsible for providing technical leadership, day-to-day monitoring of task execution, and quality control. Willdan's Project Manager, Mr. Ray Wellington, will commit the time of the team members to successfully develop the Pavement Rehabilitation Improvement Documents. The professionals and technical personnel we have assigned to this important project have current relevant experience, established working relationships, as well as experience in working with typical project stakeholders. These personnel stand ready to work with the City of San Bernardino once the executed services agreement and NTP is received. Project Manager The role of the Project Manager will be as a direct link between the Willdan team and the City's project representative in matters of timely communication, providing periodic status reports, addressing concerns or issues that arise, maintaining the project schedule and budget, and responding to questions or inquiries. Within the Willdan team, the Project Manager will be responsible for coordinating with the discipline leads in accomplishing their respective project deliverables and coordinating the quality control reviews before deliverables are submitted to the client. Mr. Ray Wellington, PE, TE, Deputy Director of Engineering, will serve as Project Manager and will be the City's single point of contact for all project work assigned for the duration of the contract. He will be assisted directly by Mr. Johnny Ghazal, PE, QSD, who is lead for engineering design work on the project. Project Team Identification and Organization Mr. Wellington has selected individuals with extensive expertise and directly related experience to serve as task leaders at the project level. Our key staff will be supported by a talented team of civil, roadway, traffic, survey and utility knowledgeable technical staff that are ready to implement successful project delivery. Principal -in -Charge/ Quality Assurance Manager r . .. Ray Wellington, PE. TE Utility Notificaticm Cooidination Traffic Design David Knell, PLS Edward Cox Johnny Ghazal, PE Jeffrey Lou, PE I AeroTech Survey, Inc. j Supporting; team members as conditions require Figure 1. Willdan Team Organization ' Conprehensive. Innovative. Trusted. Proposal for Civil Engineering Design Services for 9A Street Locations u}- SAN BERNARDINO Ray Wellington, PE, TE Project Manager Profile Summary Education BS, Civil Engineering, California State Polytechnic University, Pomona Graduate Courses in Public Administration, and various technical and managerial seminars and work- shops Resident Engineer Academy (UC -ITS) Registration Civil, California No. 25131, Traffic, California No. 00958 Experience 45 Years Ray Wellington brings an extensive and diverse background to the team. Mr. Wellington has served both public and private entities in such roles as designer, traffic engineer, project manager, construction manager, consulting engineer, city engineer, public works director, general manager, and owner. These various roles have involved coordination with boards, councils, commissions, clients, committees, staffs and stakeholder interest groups. Mr. Wellington has per- formed numerous infrastructure planning, funding, design and construction improvement projects. Within these roles, he has also addressed development siting, project economics and funding, rates and fees, mapping, agreements, facil- ity integration, construction, occupancy, and maintenance of facilities. On occasion, he has dealt with matters of litiga- tion, arbitration, regional wastewater agreements, water conservation, stormwater handling, recycled water usage, and historic water rights in both groundwater basins and surface flows. He has also performed groundwater manage- ment and negotiations. Relevant Project Experience Pavement Management Program and Community Park- ing Lot Rehabilitation and Striping, Canyon Lake Prop- erty Owners Association, Canyon Lake, California. Will - clan is providing engineering services to implement the adopted 2011 Pavement Management Program. The pavement improvement locations include a 1,300 -foot - long arterial street segment and 14 parking lots within the gated community. Each parking lot was evaluated to maximize the number of usable parking spaces to im- prove usability by residents and guests, and to accom- plish a sustainable pavement life -cycle. 2015-2016 Street Rehabilitation Program, City of Sierra Madre, California. Project Manager. Willdan designed pavement rehabilitation improvements, in accordance with the City's pavement management plan, to sustain the usable life of existing street pavement where possi- ble. improvements to corner ADA ramp conditions and some sidewalk repairs were included. Wilidan's services involved geotechnical sampling and assessment; design survey; and preparation of plans, specifications, esti- mate, and bid support. FY 2013-2014, Street Rehabilitation Program, City of Si- erra Madre, California. Project Manager. Willdan de- signed pavement rehabilitation improvements—funded Comprehensive. Innovative. Trusted. through Measure R funds — in accordance with the City's pavement management plan to sustain the usable life of existing street pavement. Included in the design plans were traffic signal detection equipment and ADA -com- pliant curb and ramp improvements. Sanitary Sewer Repair/Replacement and Street Pave- ment Rehabilitation, City of Ridgecrest, California. De- sign Phase Manager responsible for evaluating and de- sign of the sewer and overlying street pavement rehabil- itation methods. This project entailed the evaluation of existing manhole and sewer pipe conditions, utilizing both CCN and visual inspection methods, and visual and records assessment of the existing street pavement con- ditions to prepare an Engineer's Report for a repair/re- placement approach. Upon approval of the design ap- proach, the project design documents were prepared and submitted for approval of the first year's project. Supporting services were provided from the bidding phase through construction acceptance. The pavement rehabilitation included remove and reconstruct in con- cert with surface grind and overlay on a mile of local sec- ondary roadway. The sewer replacement and rehabilita- tion included upsizing with new PUC pipe and CIPP lining Proposal for Civil Engineering Design Services for 14 Street Locations C TY Cr SAN BERNARDINO� of existing where conditions allowed. Many of the man- holes were coated inside to prolong service life. Pepper Avenue Sound Wall and Pavement Design, City of Rialto, California. Project Manager responsible for the coordination, public outreach, utility identification, and development of the PS&E for the project. Willdan was retained to provide services that included field sur- vey, geotechnical investigation, noise monitoring study, structural design, utility coordination, public outreach and information, and full construction support during construction of the wall and pavement rehabilitation im- provements. The project goal was to develop a retaining / sound wall system along both sides of Pepper Avenue from Baseline to about 1,900 feet northerly. Willdan prepared PS&E for the masonry block wall, including the application of an anti -graffiti coating material for long- term appearance and maintenance, and included the specifications for the pavement rehabilitation. State Route 62 Roadway Improvements, Town of Yucca Valley, California. Project Manager providing oversight of the team that prepared the plans, specifications, and estimates for raised medians, curb, gutter, sidewalk, and driveways on two segments of State Route 62 in the Town of Yucca Valley. The GAD and project report were approved in 2008 and 2009, respectively. The raised me- dians extend from Kickapoo Trail to Elk Trail and from Cherokee Trail to Apache Trail — a distance of 4,200 feet. The curb, gutter, sidewalk, and driveway improvements are between Palm Avenue and Dumosa Avenue — a dis- tance of 4,100 feet. This project required considerable interface, review and approval by Caltrans, and acquisi- tion of temporary construction easements for the drive- way improvements. SR -178 Widening, Parsons Brinkerhoff, City of Bakers- field, California. Phase Manager for secondary survey- ing and evaluating right-of-way and utility impacts of alignment shifts. Impacts to abutting parcels of property and utilities within the R/W were identified, quantified and cost estimated to prepare the required right-of-way data documents/forms. Final alignment impacted utili- ties were identified as were the parcel takings to de- velop expected R/W and utility relocation costs for the project report. Reconstruction of Railroad Canyon Road - City of Can- yon Lake, California. Program Manager for the recon- struction and improvement of the existing roadway, the construction of a soundwall, the design and installation of irrigation and landscaping, and concurrent permitting ehensive. Innovative. Trusted. for two parallel water pipelines by EMWD beneath the west -bound traffic lanes of the road. This involved all relevant documents and reports for overseeing the de- sign for the widening and reconstruction of 1.5 miles of arterial roadway and related consultant coordination. The roadway reconstruction contract was phased while the pre -arranged dual pipelines project was installed through the city. Immediately following the roadway improvement works, a contract for placement of a soundwall adjacent to all abutting residential parcels was begun, and this was followed by the irrigation and landscaping improvements. Proposal for Civil Engineering Design Services for 14 Street Locations Principal -in -Charge / Quality Assurance Manager Profile Summary Education: MS, Civil Engineering, California State University, Fullerton BS, Civil Engineering, California State University, Fullerton Registration: Civil Engineer, California No. 30514 Civil Engineer, Arizona No.54939 Experience: 39 Years David L Hunt, Senior Vice President, is ultimately responsible for the quality and timely delivery of a variety of pro- jects involving the resources of Willdan's full-service capabilities. In his 39 years of experience as an engineer in the Southern California area (30 with Willdan), Mr. Hunt has developed an expertise in public infrastructure design, award, and construction activities. His expertise includes flood control design (including scour analysis, project reports, flood insurance studies, and flood plain risk assessment/location); water and wastewater master planning and design; as- sessment engineering, and street improvement projects. He has worked on projects throughout Southern California and has served as project manager for numerous major U.S. Army Corps of Engineers flood control projects. He has served as the City of Los Alamitos City Engineer and interim Public Work Director, as the City of La Habra interim City Engineer, and as the City of Pomona Deputy Public Works Director/Assistant City Engineer and Special Projects Coordi- nator. He has also served as Principal -in -Charge for plan checking in the Cities of Lake Forest, Brea, Yorba Linda, Dana Point and Fontana and for the Counties of San Bernardino and Orange. Relevant Project Experlence Laurel Park Rehabilitation Project, Los Alamitos, Cali- fornia. The City of Los Alamitos retained Willdan to pro- vide on-call services for all landscape and irrigation de- sign, construction management, concept design, plan preparation, bid assistance, presentation drawings and maintenance specifications updates. Projects include city buildings, streetscapes, parks and recreation, and open space, parkways and public works facilities. PFRD, Skyline Drive Reconstruction, City of Camarillo, California. Project Oversight. Responsible for preparing plans, specifications, and estimates for the reconstruc- tion of Skyline Drive in the Cowan Heights area. Street reconstruction along Skyline Drive between Cowan Heights Drive and Peacock Hill Drive will minimize street rehabilitation and improve drainage deficiencies. Orange Line Extension Project, Los Angeles County Met- ropolitan Transportation Authority, California. As part of the design -build team led by Brutoco Engineering, Will- dan staff provided professional design services for the Or- ange Line Bus Rapid Transit (BRT) Corridor. Consisting of over 5 miles of BRT line running along Canoga Avenue, the project extends from the existing Chatsworth station to the Canoga station in the San Fernando Valley. Willdan staff prepared improvement plans and specifications for street widening improvements along Canoga Avenue and the related cross -streets, including raised landscaped me- ,, C;1;TF.,_'C 'd-. ail'>C�, r!;.;1C... dians, an irrigation system, ADA access curb ramps, dedi- cated paths for pedestrians and bicycles, park-and-ride and parking lot facilities, traffic signal modifications, com- munication conduits, and signing and striping. In addition, three new bus stations for MTA were constructed, along with two bridge replacements over Los Angeles County Department of Public Works flood control facilities, and over 4,000 feet of MSE walls forming the approach em- bankments to the Lassen Street Bridge near the northern terminus. The $88 million project was awarded the 2013 WCCC and APWA Project of the Year awards. City Services, City of Pomona, California. Deputy Public Works Director/Assistant City Engineer. Responsible for assisting the Director of Public Works/City Engineer in coordinating, reviewing, and supervising engineering activities, including the design and construction of capi- tal projects and other improvement projects, subdivision improvement plan checking, contract administration, construction inspection, and compliance with federal, state and local laws and ordinances. Jeffrey Road Realignment and Grade Separation, City of Irvine, California. Project Engineer. Responsible for the design of a storm water pump station, water and sewer relocations, street lighting, traffic handling, signing and striping, traffic signals, landscaping, and coordination with the California Public Utilities Commission, numer- ous utility companies and the railroad. Proposal for Civil Engineering Design Services for 14 Street Locations CITE` OF SAN BERNARDINO David Knell, PLS Survey Task Leader Profile Summary Education: Registration: Experience: BS, Cartography, Boston University, Boston Civil Engineering and Land Surveying Classes, California State University, Long Beach Land Surveyor, California No. 5301 41 Years Mr. David Knell has a wide range of experience preparing and checking subdivision maps. As a contract map checker for the Cities of Agoura Hills, Dana Point, Lake Forest, Bell Gardens, Paramount, and Cerritos and as a surveyor in pri- vate practice, Mr. Knell has been involved in preparing and checking numerous parcel maps and tract maps, ALTA sur- veys, records -of -survey, lot line adjustments, parcel map waivers, certificates of compliance, and boundary determina- tions. He is responsible for preparing legal descriptions and sketches for a wide range of easements involving utilities, air -space reservations, and construction projects. Mr. Knell works with major utilities and title companies in determin- ing easements and correcting defective legal descriptions. His experience includes supervising field crews, overseeing an office staff dealing with various survey projects, and extensive experience with local, state, and federal agencies. Relevant PmJect Experience 2015-2016 Street Rehab Program, City of Sierra Madre, California. Survey Task Leader. Willdan is designing pavement rehabilitation improvements in accordance with the City's pavement management plan to sustain the usable life of existing street pavement where possi- ble. Willdan's services involve a geotechnical sampling and assessment; design survey; and preparation of plans, specifications, and estimate. Laurel Park Rehabilitation Project, Los Alamitos, Cali- fornia. Survey Task Leader. The City of Los Alamitos re- tained Willdan to provide on call services for all land- scape and irrigation design, construction management, concept design, plan preparation, bid assistance, presen- tation drawings and maintenance specifications updates. Projects include city buildings, streetscapes, parks and recreation, and open space, parkways and public works facilities. Ninth Street Safety Improvements, City of Highland, California. Survey Task Leader responsible for survey, right-of-way engineering, and mapping oversight for street widening at specific locations; slurry sealing the project limits; restriping the project limits to incorporate two 13 -foot through lanes, one 12 -foot, two-way left - turn lane, 5 -foot Class II bicycle lanes; and 8 -foot parking lanes; installing pedestrian count -down heads at five sig- nalized intersections; and installing an in -pavement roadway lighting system with advance flashing beacons. Willdan provided civil and traffic engineering design, utility coordination, and E-76 Authorization for Construc- tion submittal assistance. . �;�t��pt��FE�si��. (synuvative. it�ste�:. 2016 Citywide Street Resurfacing Program, City of Roll- ing Hills Estates, California. Survey Task Leader respon- sible for survey, right-of-way engineering, and mapping oversight for resurfacing various streets, multi -use path, and three city parking lots. The design includes prepara- tion of plans, specifications, and estimate for street im- provements, signing and striping. Base Line Safety Improvements, City of Highland, Cali- fornia. Survey Task Leader responsible for survey, right- of-way engineering, and mapping oversight for a 0.25 - mile segment along Base Line. Willdan's scope of work involved street, traffic signal, street lighting, landscaping and irrigation, and signing and striping plans, specifica- tions, and estimate; CECIA/NEPA documentation; topo- graphic surveys; legal descriptions; plat mapping for right-of-way takes and street vacations; and utility coor- dination. Drummond Avenue Widening, City of Ridgecrest, Cali. fornia. Survey Task Leader responsible for survey, right- of-way engineering, and mapping oversight for the de- sign of new curb, gutter, sidewalks, crosswalks, ADA curb ramps, asphalt concrete paving, signing and striping along Drummond Avenue between Downs Street and Inyo Street. The improvements were funded by the Highway Safety Improvement federal programs and re- quired a consultant with expertise in managing federally funded projects. The Drummond Avenue widening in- volves improvements for two lanes of travel in each di- rection to align with an existing cross section at Downs Street and Inyo Street. Proposal for Civil Engineering Design Services for 14 Street Locations C T1' 0= SAN BERNARDINO � Edward Cox Utility Coordination Task Leader Profile Summary Education: United Association Local 250 Apprentice Program Experience: 33 Years Mr. Edward Cox possesses over 33 years of public works experience. Prior to joining Willdan, Mr. Cox held a position where he organized and implemented construction projects. Mr. Cox performed as a project manager and site super- intendent and also supervised full-time and part-time employees. Relevant Project Experience Cypress, Thompson, and Lankershim Elementary Schools Safe -Routes -to -School Improvements, City of Highland, California. Utility Coordinator responsible for providing utility coordination for full engineering ser- vices to design the two projects — identified as Schedules I and II. Schedule I involved street widening with curb, gutter, sidewalk, and ramps; pedestrian crosswalks with in -roadway warning lights, advance warning beacons, and ADA -compliant ramps; and other ancillary improve- ments on Ninth Street, Cunningham Street, and Hillview Street. Schedule II involved street widening with curb, gutter, sidewalk, improvements to match adjoining pub- lic and private properties; pedestrian crosswalks with in - roadway warning lights, advance warning beacons, and ADA -compliant ramps; and other ancillary improve- ments on McKinley Street and at the intersection of Base Line and Valaria Drive. Ninth Street Pavement Rehabilitation, City of Highland, California. Utility Coordinator responsible for providing utility coordination for pavement rehabilitation between Del Rosa Drive and Palm Avenue. Services involved pave- ment engineering; utility coordination; plans, specifica- tions, and estimate; and engineering during construc- tion. Ninth Street Safety Improvements, City of Highland, California. Utility Coordinator responsible for providing utility coordination for street widening at specific loca- tions; slurry sealing the project limits; restriping the pro- ject limits to incorporate two 13 -foot through lanes, one 12 -foot, two-way left -turn lane, 5 -foot Class II bicycle lanes; and 8 -foot parking lanes; installing pedestrian count -down heads at five signalized intersections; and installing an in -pavement roadway lighting system with advance flashing beacons. Willdan provided civil and traffic engineering design, utility coordination, and E-76 Authorization for Construction submittal assistance. '/Comprehensive. Innovative. Trusted. Base Line Safety Improvements, City of Highland, Cali- fornia. Utility Coordinator responsible for providing util- ity coordination for a 0.25 -mile segment along Base Line. Willdan's scope of work involved street, traffic signal, street lighting, landscaping and irrigation, and signing and striping plans, specifications, and estimate; CEQA/NEPA documentation; topographic surveys; legal descriptions; plat mapping for right-of-way takes and street vacations; and utility coordination. Drummond Avenue Widening, City of Ridgecrest, Cali- fornia. Utility Coordinator responsible for providing util- ity coordination for design of new curb, gutter, side- walks, crosswalks, ADA curb ramps, asphalt concrete paving, signing and striping along Drummond Avenue between Downs Street and Inyo Street, The improve- ments were funded by the Highway Safety Improvement federal programs and required a consultant with exper- tise in managing federally funded projects. The Drum- mond Avenue widening involves improvements for two lanes of travel in each direction to align with an existing cross section at Downs Street and Inyo Street. Willdan prepared the CEQA/NEPA documents. The services pro- vided included preliminary engineering, field review, right-of-way certifications, geotechnical study, and util- ity coordination. Palos Verdes Drive North Bicycle Lane, City of Rolling Hills Estates, California. Utility Coordinator responsible for providing utility coordination for design and con- struction of bicycle lanes between Crenshaw Boulevard and the west city limits. Willdan provided design and construction engineering services for 1.26 miles of road- way widening to add 5 -foot bicycle lanes within a 200 - foot right-of-way and a second through lane at major in- tersections to increase capacity. The improvements in- cluded raised medians, street resurfacing, and traffic sig- nal modifications. Proposal for Civil Engineering Design. Services for 14 Street Locations Qhnny Ghazal, PE, QSD Civil Design Task Leader Profile Summary Education: BS, Civil Engineering, California Polytechnic State University, Pomona Registration: Experience: Civil Engineer, California No. 76395 Qualified SWPPP Developer/Practitioner, California Stormwater Quality Association No. 849 14 Years Mr. Johnny Ghazal possesses diversified civil engineering experience throughout California covering public works and private sector projects, preceded by six years of residential and commercial construction experience. His private sector experience includes designing master -planned communities involving tentative tract maps; grading plans; improve- ment plans for streets, water, and sewer; and storm drain facilities. Mr. Ghazal's public sector experience includes de- sign of capital improvement projects for street, water, sewer, and storm drain improvements. As a certified QSD, Mr. Ghazal has facilitated water quality related permitting — having prepared and reviewed many storm water pollution prevention plans and water quality management plans for various public agencies. He currently assists multiple agen- cies with data entry on the State's SMARTS system. Relevant Project Experience Pavement Management Program and Community Park- ing Lots Rehabilitation and Striping, Canyon lake Prop- erty Owners Association, Canyon Lake, California. Will- dan Is providing engineering services to implement the adopted 2011 Pavement Management Program. The pavement improvement locations include a 1,300 -foot - long arterial street segment and 14 parking lots within the gated community. Each parking lot was evaluated to maximize the number of usable parking spaces, improve usability by residents and guests, and to accomplish a sustainable pavement life -cycle. Cypress, Thompson, and Lankershim Elementary Schools Safe -Routes -to -School improvements, City of Highland, California. Civil Design Task Leader responsi- ble for PS&E preparation for two projects — identified as Schedules I and II. Schedule I involved street widening with curb, gutter, sidewalk, and ramps; pedestrian cross- walks with in -roadway warning lights, advance warning beacons, and ADA -compliant ramps; and other ancillary improvements on Ninth Street, Cunningham Street, and Hillview Street. Schedule II involved street widening with curb, gutter, sidewalk, improvements to match adjoining public and private properties; pedestrian crosswalks with in -roadway warning lights, advance warning bea- cons, and ADA -compliant ramps; and other ancillary im- provements on McKinley Street and at the intersection of Base Line and Valaria Drive. Ninth Street Pavement Rehabilitation, City of Highland, California. Civil Design Task Leader responsible for PS&E preparation for pavement rehabilitation between Del C�. Jnnovativc. us: Rosa Drive and Palm Avenue. Services involved pave- ment engineering; utility coordination; plans, specifica- tions, and estimate; engineering during construction. Ninth Street Safety Improvements, City of Highland, California. Civil Design Task Leader responsible for PS&E preparation for street widening at specific locations; slurry sealing the project limits, restriping the project limits to incorporate two 13 -foot through lanes, one 12 - foot, two-way left -turn lane, 5 -foot Class II bicycle lanes, and 8 -foot parking lanes; installing pedestrian count- down heads at five signalized intersections; and in- stalling an in -pavement roadway lighting system with advance flashing beacons. Willdan provided civil and traffic engineering design, utility coordination, and E-76 Authorization for Construction submittal assistance. Base Line Safety Improvements, City of Highland, Cali- fornia. Civil Design Task Leader responsible for PS&E preparation for a 0.25 -mile segment along Base Line. Willcian's scope of work involved street, traffic signal, street lighting, landscaping and irrigation, and signing and striping plans, specifications, and estimate; CEQA/NEPA documentation; topographic surveys; legal descriptions; plat mapping for right-of-way takes and street vacations; and utility coordination. Barton Road Pavement Rehabilitation, City of Grand Terrace, California. Civil Designer responsible for plans, specifications, and estimate for pavement rehabilitation improvements from Mt. Vernon to approximately 675 feet easterly of Vivienda Avenue. Proposal for Civil Engineering Design 10 Services for 14 Street Locations Jeffrey Lau, PE Traffic Design Task Leader Profile Summary Education: BS, Civil Engineering Polytechnic State University, Pomona Registration: Civil Engineer, California No. 83887 Doppler Radar Operator Experience: 13 Years Mr. Jeffrey Lau possesses expertise with various facets of traffic engineering, including field investigations, traffic data collection and analysis, traffic design, and project management. Mr. Lau has been involved in field work, design, and drafting on a variety of traffic engineering projects, including traffic signals, signing and striping, street lighting, and construction traffic control. He has assisted with the preparation of traffic impact studies and analyses, plan reviews, and engineering and traffic survey studies, and re-certifications/updates. Mr. Lau is highly proficient in numerous traf- fic software programs such as AutoCAD, MicroStation, Synchro, HCS+, PC -Warrants, A032, and Crossroads Collision Database. Relevant Project Experience Upper Elevation Striping (Project 16/17-4), City of Bear Valley, California Traffic Designer. Willdan provided design, bidding assis- tance, construction management, and inspection ser- vices for this $90,000 striping project, which included re - striping approximately 13 miles of centerline and edge line striping on the upper elevations streets within the community of Bear Valley Springs. Streets include in the project were Deertrail Drive, Jacaranda Drive, Para- mount Drive, Saddleback Drive, Skyline Drive, Starland Drive, and Stirrup Drive. The project also included instal- lation of 8 equestrian crossings, with corresponding sign- age and crosswalk striping. Sunland Avenue Pavement Rehabilitation, City of Ridgecrest, California. Traffic Designer. Willdan oversaw the design, construction, materials testing, public works observation, and contract administration for the street reconstruction. Responsibilities involved design, bidding assistance, construction management, observation, and materials testing to fully reconstruct Sunland Street be- tween Ridgecrest Boulevard and Upjohn Avenue. Cypress, Thompson, and Lankershim Elementary Schools Safe -Routes -to -School Improvements, City of Highland, California. Traffic Designer responsible for traffic engineering improvements to design the two pro- jects — identified as Schedules I and II. Schedule I in- volved street widening with curb, gutter, sidewalk, and ramps; pedestrian crosswalks with in -roadway warning lights, advance warning beacons, and ADA -compliant ramps; and other ancillary improvements on Ninth Street, Cunningham Street, and Hillview Street. Schedule Cori y,voensive Innovative. Trustea. II involved street widening with curb, gutter, sidewalk, improvements to match adjoining public and private properties; pedestrian crosswalks with in -roadway warn- ing lights, advance warning beacons, and ADA -compliant ramps; and other ancillary improvements on McKinley Street and at the intersection of Base Line and Valaria Drive. Ninth Street Pavement Rehabilitation, City of Highland, California. Traffic Designer responsible for traffic engi- neering improvements for pavement rehabilitation be- tween Del Rosa Drive and Palm Avenue. Services in- volved pavement engineering; utility coordination; plans, specifications, and estimate; and engineering dur- ing construction. Ninth Street Safety Improvements, City of Highland, California. Traffic Designer responsible for traffic engi- neering improvements for street widening at specific lo- cations; slurry sealing the project limits; restriping the project limits to incorporate two 13 -foot through lanes, one 12 -foot, two-way left -turn lane, 5 -foot Class II bicy- cle lanes; and 8 -foot parking lanes; installing pedestrian count -down heads at five signalized intersections; and installing an in -pavement roadway lighting system with advance flashing beacons. Willdan provided civil and traffic engineering design, utility coordination, and E-76 Authorization for construction submittal assistance. Base Line Safety Improvements, City of Highland, Cali- fornia. Traffic Analyst responsible for assisting with a traffic study to analyze the impacts at the pre -project and post -project conditions for a 0.25 -mile segment Proposal for Civil Engineering Dec-Ign 11 Services for 14 Street Locations along Base Line. The scope involved street, traffic signal, street lighting, landscaping and irrigation, and signing and striping plans, specifications, and estimate; CEQA/NEPA documentation; topographic surveys; legal descriptions; plat mapping for right-of-way takes and street vacations; and utility coordination. Drummond Avenue Widening, City of Ridgecrest, Cali- fornia. Traffic Design Task Leader responsible for traffic engineering improvements for the design of new curb, gutter, sidewalks, crosswalks, ADA curb ramps, asphalt concrete paving, and signing and striping along Drum- mond Avenue between Downs Street and Inyo Street. The improvements were funded by the Highway Safety Improvement federal programs and required a consult- ant with expertise in managing federally funded pro- jects. The Drummond Avenue widening involves im- provements for two lanes of travel in each direction to align with an existing cross section at Downs Street and Inyo Street. :omprehonnive. Innovative. Ti listed. Proposal for Civil Engineering Design 12 Services for 14 Street Locations 3. Schedule Willdan has provided our project approach and work plan in previous sections of our proposal (see sections entitled Project Understanding and Approach and Scope of Work). Our proposed project schedule corresponding to the work plan described in the previous sections is presented herein. City Issues signed agreement and NTP TBD 0 Conduct Kick-off meeting and obtain records TBD 1 Conducting research and review of records TBD 2 Issue utility notices TBD 2 Identify permitting criteria TBD 2 Conducting Field Survey Work TBD 3-5 Prepare and submit 30% concept plans TBD 3-7 City review and discussion meeting on 30% concept plans TBD 8-9 Prepare 60% PS&E documents TBD 10-13 City review and discussion meeting on 60% PSM documents TBD 14 -IS Prepare 100% PSM documents TBD 16-20 City review and discussion meeting on 100% (final) PS&E docu- TBD ments 21-22 Final and submit documents TBD 23-24 Coniprenensive. Innovative. Trusted. Proposal for Civil Engineering Design 13 Services for 14 Street Locations 4. Similar Experience Qualifications and Experience Willdan Engineering, a California corporation formed in 1964, with 11 offices and several hundred employees, is a subsidiary of Willdan Group, Inc., a publicly traded Del- aware corporation. Throughout our history, Willdan has served as a full-service, multidisciplinary firm specializing in consulting engineering, construction management and inspection, planning, and a full complement of sup- port disciplines necessary for a sustainable project. Ser- vices are provided through our five subsidiary firms — Willdan Engineering, Willdan Energy Solutions, Willdan Homeland Solutions, Wilidan Financial Services, and Willdan Infrastructure — that offer a cadre of diversified strengths. Firm Background and Qualifications Willdan offers a full complement of engineering and planning consulting services that encompass infrastruc- ture design, city and special district engineering, pro- gram/construction management, public works inspec- tion, municipal planning, plan review, building and safety, disaster recovery, and geotechnical and earth- quake engineering. Willdan understands public agency needs and issues. Our professionals serve in capacities of city engineers and other public agency positions. Many provide added value by serving as public agency management prior to joining Willdan. Transportation Engineering our roadway, traffic, and structural design personnel have worked together on numerous multi -disciplined projects involving the design of streets, highways, road- way widening, bridge replacements, storm water han- dling, and pavement rehabilitation. By offering turnkey services, we handle design and operational challenges for all levels of transportation projects — along with ap- purtenant other improvements such as traffic signals, signing and striping, and street lighting. Serving as con- tract city engineer for several clients, we often serve in the formation and implementation of capital improve- ment programs, including various street improvements. As such, we are extremely aware of the vital importance of letting the schedule drive the project and not allowing the project to drive the schedule. Landscape Architecture Willdan's landscape architecture team focuses on de- signing landscapes for public improvement projects, Comprehensive. innovative. Trusted. such as park and recreational facilities, community cen- ters, gathering areas, and roadway beautification. In de- veloping quality projects and plans, our landscape archi- tects apply their talents and knowledge of site analysis, user needs programming, site design, landscape preser- vation, water conservation, and arboriculture. Environmental Documentations Willdan has provided environmental consulting services since 1972. Since that time, the firm has prepared hun- dreds of CEQA and NEPA documents, including environ- mental impact reports/statements, initial studies, nega- tive declarations, and environmental assessments. The majority of these environmental documents have been prepared under contract to public agencies. Willdan has undertaken environmental analyses for a wide variety of projects, ranging from land development projects to public works to general plan updates to spe- cific plans. In addition, Willdan has prepared project and program CEQA documents, as well as subsequent/sup- plement and tiered CEQA documentation and joint CEQA/NEPA documents. Geotechnical Engineedrig/Materlals Testing Willdan provides a full gamut of geotechnical studies, engineering geology, and materials testing and inspec- tion services. These services include subsurface explora- tion, geologic and seismic hazard assessment, soil test- ing, engineering analysis and design, construction sup- port, and special studies. We have successfully provided material and foundation reports per Caltrans' guidelines. Utility Coordination and PermUng Willdan's utility coordination staff is knowledgeable in effectively identifying existing utilities, providing timely notification, and anticipating and resolving potential conflicts on plans and specifications. They are keenly aware that utility identification and location are crucial to project planning and development and are essential to saving time and money and keeping a project sched- ule on track. Mapping and Right -cg fty Engfneeerlrtg Willdan's survey and mapping services are provided to numerous cities and counties through teaming arrange- ments with local surveyors. These services include de- sign survey and construction staking, monument resto- ration, boundary survey, right-of-way engineering, and ensuring maps and documents are drawn to applicable standards. our mapping also includes the tools of GIS for documenting and depicting infrastructure and public Proposal for Civil Engineering Design 14 Services for 14 Street Locations assets and conducting evaluation projects for enhanced decision making. Federal and State Agency Policies and Procedures Willdan is thoroughly familiar with regulations pertain- ing to federal, state, county, and local funds, including: ■ AHRP ■ STIPL ■ HES ■ SAFETEA-LU w CDBG a EDA ■ HBP ■ HSIP a SRF This knowledge is critical to accomplishing projects funded by federal or state programs that have special permitting and reporting requirements. We have worked extensively for and with the California Public Utilities Commission, all Caltrans Districts, Caltrans Divi- sion of Structures, and the U.S. Army Corps of Engineers. We are very familiar with projects within Caltrans's right-of-way and their environmental and design proce- dures and requirements. We have processed numerous permits and approvals through FHWA, CPUC, FRA, CTC, CCC, CDFW, RWQCB, etc. We are familiar with the fund- ing, permitting, and procedural requirements of these agencies and have an excellent working relationship with the essential staff involved in local agency pro- grams. Our contacts with personnel in these agencies help enable us to facilitate processing of permit applica- tions and plan reviews, when required. Willdan has coordinated, prepared, and submitted all necessary documentation to Caltrans/FHWA to assist lo- cal agencies in securing federal authorization and obliga- tion of funds (E-76) for projects. Willdan has prepared funding applications, award packages, invoices, reports of expenditure, checklists, and other required documen- tation. With numerous completed projects and more than a dozen in progress, Wilidan has assisted local agencies at various stages of state- and federal -funded projects, from the initiating request to final invoicing. We have enhanced our abilities in this area with the addition of several former Caltrans staff to Willdan's pool of tech- nical resource staffing. In addition, Willdan team mem- bers maintain quality relations with Caltrans' District Lo- cal Assistance. Grant and Funding /administration Wilidan's vast local/state/federal fund expertise and ex- perience includes design and funding administration and procurement for a wide variety of funding sources and projects. Representative grants and funding sources in- clude: Comprehensive_ Innovative. ■ ATP ■ ARRA/STIPL ■ ARRA ■ CDBG ■ CMAQ ■ ER ■ CDBG-R ■ HES ■ HBRR/HBP ■ ISTEA ■ HSIP ■ SRTS ■ SAFETEA-LU E STPL/SR2S ■ STPL ■ STPS ■ STPL/SAFETEA-LU ■ FEMA Disaster Relief ■ TCSP Willdan's staff members have prepared numerous traf- fic- and transportation -related funding and competitive grant applications for various clients. Our proposed project manager, Mr. Ray Wellington, PE, TE, and his support team have been instrumental in grant writing and assisting our clients. Similar Project Experience Willdan has served local cities for many years, providing pavement rehabilitation design, street widening, raised medians, pedestrian improvements for ADA compliance, landscaping and irrigation, and traffic signal upgrades, along with full construction management services for hundreds of projects. Our project team is highly experi- enced with these public infrastructure improvements and have worked together on many like type of projects. Pavement Management Program and Community Parking Lois Rehabilitation and Striping, Canyon Lake Property Owners Association, Canyon Lake, California Date: 1/6/2017-6/4/2017 Agency: Canyon Lake Property Owners Association Address: 31512 Railroad Canyon Road, Canyon Lake, CA 92587 Contact: Eric Kazakoff, General Manager Phone: (951) 244-6941 Willdan is providing engineering services to implement the adopted 2011 Pavement Management Program. The pavement improvement locations include a 1,300 -foot - long arterial street segment and 14 parking lots within the gated community. Each parking lot was evaluated to maximize the number of usable parking spaces and im- prove usability by residents and guests. The project im- provements conform to ADA requirements, are con- sistent with the Association's selected pavement man- agement strategies and previous pavement mainte- nance actions, provide effective and compliant drainage, and incorporate sustainable practices and applicable standards. Proposal for Civil Engineering Design is Services for 14 Street Locations CITY OP SAN B.IF'RNARO NO Upper ©evation Striping (Project 16/17-4), City of Bear Valley, California Date: 11/14/16-11/l/17 Agency: Bear Valley Community Service District Address: 28999 South Lower Valley Road, Tehachapi, CA 93561 Contact: David Edmonds, General Manager Phone: (661) 821-4428 Willdan provided design, bidding assistance, construc- tion management, and inspection services for this $90,000 striping project, which included restriping ap- proximately 13 miles of centerline and edge line striping on the upper elevations streets within the community of Bear Valley Springs. Streets include in the project were Deertrail Drive, Jacaranda Drive, Paramount Drive, Sad- dleback Drive, Skyline Drive, Starland Drive, and Stirrup Drive. The project also included Installation of 8 eques- trian crossings, with corresponding signage and cross- walk striping. 2016-2016 Street Rehab Program, City of Sierra Ma- dre, California Date: 5/11/2016-7/15/2016 Agency: City of Sierra Madre Address: 232 W. Sierra Madre Blvd., Sierra Madre, CA 91024 Contact: Chris Cimino, Director of Public Works Phone: (626) 355-7135 Willdan is designing pavement rehabilitation improve- ments in accordance with the city's pavement manage- ment plan to sustain the usable life of existing street pavement where possible. Willdan's services involve a geotechnical sampling and assessment; design survey; and preparation of plans, specifications, and estimate. The street segments include: • Skyland Drive —1,450 feet of complete rehabili- tation, overlay, or slurry seat with minor curb and gutter • Idle Hour Lane — 695 feet of pavement rehabili- tation and overlay with minor curb and gutter replacement as required • Sierra Place — 780 feet of complete rehabilita- tion and slurry seal with minor curb and gutter replacements as required • West Grand View Avenue — 3,320 feet of pave- ment rehabilitation with minor curb and gutter replacement as required FY 2013.2014, Street Rehabilitation Program, City of Sierra Madre, California Date: 3-31-2014— 5/16/2014 Agency: City of Sierra Madre Address: 232 W. Sierra Madre Blvd., Sierra Madre, CA 91024 Contact: Chris Cimino, Director of Public Works Phone: (626) 355-7135 Willdan designed pavement rehabilitation improve- ments—funded through Measure R funds— in accord- ance with the city's pavement management plan to sus- tain the usable life of existing street pavement. Included in the design plans were traffic signal detection equip- ment and ADA -compliant curb and ramp improvements. The segments included: • Michillinda Avenue —1,820 feet of complete re- construction • Baldwin Avenue —17.775 feet of partial overlay and partial slurry coat • East Sierra Madre Boulevard — 4,320 feet of par- tial overlay and partial slurry coat • West Montecito Avenue —1,040 feet of com- plete reconstruction Sunland Avenue Pavement Rehabilitation, City of Ridgecrest, California Date: 1/1/2014 — 12/30/2014 Agency: City of Ridgecrest Address: 100 West California Avenue, Ridgecrest CA 93555 Contact: Mr. Loren Culp, City Engineer Phone: (760) 499-5082 Willdan oversaw the design, construction, materials test- ing, public works observation, and contract administra- tion for the street reconstruction. Responsibilities in- volved design, bidding assistance, construction manage- ment, observation, and materials testing to fully recon- struct Sunland Street between Ridgecrest Boulevard and Upjohn Avenue. Proposal for Civil Engineering Design 16 Services for 14 Street locations Professional Landscape Architectural Design Services for Laurel Park Rehabilitation Project, Los Alamitos, CA Date: 7/1/2013 to 10/20/2013 Agency: City of Los Alamitos Address: 3191 Katella Avenue, Los Alamitos, CA 90720 Contact: Steven Mendoza, Development Services Di- rector Phone: (562) 431-3538 The City of Los Alamitos retained Willdan to provide on call services for all landscape and irrigation design, con- struction management, concept design, plans prepara- tion, bid assistance, presentation drawings and mainte- nance specifications updates, projects include city build- ings, streetscapes, parks and recreation, and open space, parkways and public works facilities. Ninth Street Pavement Rehabilitation, Highland, Call- fomia Date: 2015-2016 Agency: City of Highland Address: 27215 Base Line Contact: Carlos Zamano, Assistant Public Works Di- rector Phone: (909) 864-8732 Ext. 254 Willdan provided engineering design for pavement reha- bilitation between Del Rosa Drive to Palm Avenue. Ser- vices involved pavement engineering; utility coordina- tion; and plans, specifications, and estimate. The project involved resolution of cross -slope grades in excess of 6 percent requiring predesign identification and alternate pavement methods to reduce cross slopes to less than 6 percent. Ninth Street Safety Improvements, Highland, Califor- nia alifornia Date: 2015-2016 Agency: City of Highland Address: 27215 Base Line Contact: Carlos Zamano, Assistant Public Works Di- rector Phone: (909) 864-8732 Ext. 254 The City of Highland was awarded a $490,000 Highway Safety Improvement Program Grant for 2.5 miles of im- provements between Del Rosa Drive and Palm Avenue. Willdan designed the improvements for street widening Comprehensive. Innovative. Trce-: at specific locations; slurry sealing and restriping; in- stalling pedestrian count -down heads at five signalized intersections; and installing an in -pavement roadway lighting system with advance flashing beacons. Willdan provided civil and traffic engineering design, utility coor- dination, and E-76 Authorization for Construction sub- mittal assistance. Base gine Safety Improvement Project, Highland, Call- fomla Date: 2016-2017 Agency: City of Highland Address: 27215 Base Line Contact: Carlos Zamano, Assistant Public Works Direc- tor Phone: (909) 864-8732 Ext. 254 Willdan prepared plans, specifications, and estimate for the widening of Base Line and the addition of raised me- dians between the 210 freeway and Boulder Avenue. The work included: pavement rehabilitation, street wid- ening, traffic signal modification, street lighting, land- scape, and signing and striping plans. The project was federally funded with Highway Safety Improvement Pro- gram funds (HSIP). Additional services provided by Will - clan included topographic survey, legal descriptions and plats for right-of-way take and street vacation, utility co- ordination, and bid assistance. DeBerry Street Pavement Rehabilitation Project, City of Grand Terrace, California Date: 2013-2013 Agency: City of Grand Terrace Address: 22795 Barton Road, Grand Terrace, California 92313 Contact: Sandra Molina, Development Services Direc- tor Phone: (909) 824-6621 Willdan provided design services for pavement rehabili- tation of DeBerry Street between Michigan Street and the eastern termination of DeBerry Street. Willdan pro- vided bidding assistance and inspection services in addi- tion to preparing the plans, specifications, and estimate. Proposal for Civil Engineering Design 17 Services for 14 Street Locations Grand Terrace Road Street Improvements, City of Grand Terrace, California Date: 2010-2010 Agency: City of Grand Terrace Address: 22795 Barton Road, Grand Terrace, CA 92313 Contact: Sandra Molina, Development Services Direc- tor Phone: (909) 824-6621 Willdan provided design services for pavement rehabili- tation of Grand Terrace Road between Barton Road and Vivienda Avenue. Willdan provided bidding assistance in addition to preparing the plans, specifications, and esti- mate. Pico Street Asphalt Overlay, City of Grand Terrace, California Date: 2011-2011 Agency: City of Grand Terrace Address: 22795 Barton Road, Grand Terrace, CA 92313 Contact: Sandra Molina, Development Services Direc- tor Phone: (909) 824-6621 Willdan provided design services for pavement rehabili- tation of Pico Street between Michigan Ave and the Westerly terminus of Pico Street. Willdan provided bid- ding assistance and inspection services in addition to preparing the plans, specifications, and estimate. Calimesa Boulevard Slurry Seal Project, City of Call- mesa, alamesa, Callfornle Date: 2010-2010 Agency: City of Calimesa Address: 908 Park Avenue, Calimesa, California 92320 Contact: Lori Askew, Public Works Director Phone: (909) 795-9801 Willdan provided design services for pavement preserva- tion of Calimesa Blvd between County Line Road and 5"' Street. Willdan provided bidding assistance and inspec- tion services in addition to preparing the plans, specifi- cations, and estimate. Comprehensive. Innovative. Trusted. Callmese Street Rehabilitation Project, City of Call - mesa, Callfomle Date: 2011-2011 Agency: City of Calimesa Address: 908 Park Avenue, Calimesa, California 92320 Contact: Lori Askew, Public Works Director Phone: (909) 795-9801 Willdan provided design services for a City-wide pave- ment rehabilitation project covering nearly 9 miles of roadways throughout the city. Pavement rehabilitation scope included spot repair of pavement failures, spot re- pair of curb and gutter for drainage correction, grind & overlay, and slurry seal. Willdan provided bidding assis- tance and inspection services in addition to preparing the plans, specifications, and estimate. Proposal for Civil Engineering Design 18 Services for 14 Street Locations 5. Availability of Staff The Willdan staff proposed for this project are available to begin service to the City immediately upon notice to proceed, as shown in Table 1 below. Our Project Team members are committed to completing the scope of work assigned to them. Willdan's Project Manager Ray Wellington, PE, TE, will be responsible for the quality and timeliness of all deliverables to the City. This ap- proach has proven to be highly successful in the prepa- ration of and timely completion of project documents in the past for the City. Table 1. Availability of Staff Ray Wellington, project Manager 25% PE, TE Dave Hunt, PE principal -in- 12% CI:T[FRIit Charge / Quality IY512JI7 Assurance Man- C+Jn:i0. N'J.t O" ager David Knell, PLS Survey Task 15% Leader Edward Cox Utility Coordina- 20% r _.. tion Task Leader ;evrg=n'Cigi"Kan" Johnny Ghazal, Civil Design 25% PE, QSD Alexis Escobar, Permitting 15% EIT Jeffrey Lau, PE Traffic Design 15% Task Leader 6. Sub -consultants Willdan has selected AeroTech Survey, Inc. for aerial mapping services to support this project. Aero Tech Surveys — Survey Support Aero Tech Surveys is a professional organization provid- ing aerial mapping services supported with land survey- ing services. Located in Riverside, CA, the firm serves Southern California from Merced County to the north, San Diego to the south, from the Pacific Ocean eastward to the Colorado River. The company is a woman -owned business with work provided under the direction of a Com pre h ensive . I n n ovaVvE California Licensed Land Surveyor. Aero Tech Surveys has been in business for 41 years. The staff at Aero Tech surveys will provide comprehen- sive services for your mapping needs. They will plan the aerial control layouts, flight coverage, imagery acquisi- tion, photogrammetric mapping and CAD editing. Their survey crews will set and survey the aerial control net- work and provide site-specific surveys. Work includes monument recovery, monument preservation, baseline control networks, benchmark elevation surveys, align- ment surveys, cross sections, deformation surveys and much more. 3f focal Preference Willdan's San Bernardino office is within 15 minutes of the City offices of San Bernardino, thus providing quick turnaround and availability for meetings, with no travel mileage costs. Our current City of San Bernardino busi- ness license is presented below, COY OF SAN SFANAMNO wm==Gt4 "Tor cnnFTcwn oration to be Provided by the City A. The City is to be responsible for the environ- mental process activities for this project. The City is to provide any needed geotechnical data (existing pavement thickness, base course thickness and subgrade R -value data), as re- quired for pavement design, where conditions require. C. The City will provide project -relevant plans, re- ports, and documents available to it for use in developing the project PS&E as requested. Proposal for Civil Engineering Design 19 Services for 14 Street Locations V 140 CI:T[FRIit NDRS IY512JI7 C+Jn:i0. N'J.t O" WILL^.ANS GI r.•i"IY, 1?:: C[.:�?iRTetw r _.. NOi L:'u 1::dR•.lc5fE3"; ;evrg=n'Cigi"Kan" CM ctsjul oration to be Provided by the City A. The City is to be responsible for the environ- mental process activities for this project. The City is to provide any needed geotechnical data (existing pavement thickness, base course thickness and subgrade R -value data), as re- quired for pavement design, where conditions require. C. The City will provide project -relevant plans, re- ports, and documents available to it for use in developing the project PS&E as requested. Proposal for Civil Engineering Design 19 Services for 14 Street Locations Suggestions to Improve the Finished Project or to Comply with the Requirements of This RFR To avoid costly risks during construction, choosing the best pavement rehabilitation for each of the locations would be enhanced by knowing the existing pavement and base thicknesses, the subgrade'R'values, and the T.I.'s for the street classifications. Based upon visual as- sessments, there are areas that appear suitable for slurry and/or grind with overlay, but there are some having thin pavement and potholes where no base is ap- parent, and some with obvious subgrade failures. 10. Proposed Fee In accordance with the City of San Bernardino's Request for Proposal, Wilidan has provided our proposed fee in a separate, sealed envelope. Comprehensive. Innovative. Trusted. VL Responder's Comments/Recommende the City Age Our corporate counsel has reviewed the City's agree- ment form and provided a few requested language revi- sions, as shown below and as received with the RFP. PAGE 4, PARAGRAPH 4.4. DOCUMENTS: 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfimished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. ADD: "The City shall not be limited in any way in their use of such documents at any time, pro- vided that any such use not within the purposes in- tended by this Agreement shall be at the City's sole risk and provided that Consultant shall be indemnified and defended against any damages resulting from such use, including the release of this material to third parties rnr a nce not intended by this AaraaTnant 11 PAGE S. PARAGRAPH 5.2.A. ADDITIONAL INSUREDS: 5.2. Endorsements. The comprehen- sive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and ap- pointed boards, officers, agents, and employees are additional insureds with respect to this subject project and tfaet-Agre with City." Proposal for Civil Engineering Design 20 Services for 14 Street Locations Appendix - Required Forms PROPOSEWS CERTIFICATION AND ACKNOWLEDGMENT OF ADDENDA FOR DESIGN OF PAVEMENT REHABILITATION AT 14 LOCATIONS (SS18-003 & SS17-003) The undersigned hereby certifies that I am an officer of the firm submitting the attached proposal and that I am authorized to submit said proposal on behalf of my firm. I hereby bind my firm to this proposal and state the following (if submitting a proposal): This offer shall remain valid for 90 days from the RFP close date; and All terms and conditions as set forth in this RFP shall apply to this offer; and In signing this offer, I warrant that all certifications and documents requested herein are attached and properly completed and signed; and I certify that I have received all addenda as indicated below and have Incorporated the addenda in the attached proposal. Verification of Addenda Received Addendum No: i Addendum No: Addendum No: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: DATE SIGNED: COMPANY NAME & ADDRESS: Received on: Received on: Received on: J. David L Hunt, PE, Director of Engineering 10/12/17 Willdan Engineering 650 E. Hospitality Lane, Suite 250 San Bernardino, CA 92408-3317 PHONE: 909.386.0200 FAX: 909.888.5107 IF NOT SUBMITTING A PROPOSAL, PLEASE STATE REASON (S) BELOW: Comprehensive, innovative. Trusted. Proposal for Civil Engineering Design 21 Services for 14 Street Locations ATTACHMENT "B" 1A✓ WfLLDAN October 19, 2017 City of San Bernardino Department of Development Services Public Works Division ATTN: Saba Engineer, P.E., Acting Deputy Director of Public Works/City Engineer 201 N. "E" Street, 2nd Floor San Bernardino, CA 92401 Subject: Fee Proposal to Provide Civil Engineering Design Services for Pavement Rehabilitation at 14 Street Locations (SS018-003 & SS017-003) Dear Ms. Engineer: Willdan is pleased to submit our Fee Proposal for the work described in our Technical Proposal. The City of San Bernar- dino is seeking a qualified consulting team for the design of pavement rehabilitation at 14 street locations for a total of approximately 5.5 miles. The approach is to utilize best design and management practices to accomplish a long-term sustainable street pavement life. This project will also include replacement of damaged curb and gutter and sidewalk along the affected street segments. The Willdan Engineering (Willdan) team leads have reviewed the City's RFP and the available reference documents for this project. And once again, we are anxious to provide to the City our experi- enced evaluation and design personnel for the development and delivery of this pavement rehabilitation project. We appreciate the opportunity to submit this proposal and welcome the prospect of working with the City of San Ber- nardino to successfully deliver this public improvement project. If you have any questions concerning this proposal, please contact Mr. Ray Wellington by phone at (909) 963-0592 or by email at rweliinpt.pn@wilidan.com. Respectfully submitted, Willdan Engineering, Inc. G�) o- J. �_ �� 4, k_-_ f David L. Hunt, PE Director of Engineering Engineering and Planning I Energy Efficiency and Sustainability I Financial and F^^^^m ^ C'^'Isultina I '-teroperabil ty 909.386.0200 1 800.789.7517 1 fax: 909.888.6107 1 660 E. Hospitality Lane, Suite 250, San Bernardino, CA 92408-3317 1 www.YANdan.com - G. ME