Item 13 - CONSIDERATION OF AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PRELIMINARY ENGINEERING SERVICES FOR TRAFFIC SIGNAL IMPROVEMENTS AT 10 INTERSECTIONS (HSIP CYCLE 10 IMPROVEMENTS) - PROJECT NO. 23028AGENDA ITEM NO. 13
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: December 6, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.
FOR PRELIMINARY ENGINEERING SERVICES FOR TRAFFIC SIGNAL
IMPROVEMENTS AT 10 INTERSECTIONS (HSIP CYCLE 10 IMPROVEMENTS) -
PROJECT NO. 23028
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Authorize the City Manager to negotiate and execute a Professional Services Agreement with
Kimley-Horn and Associates, Inc. in the amount of $194,123.15 to provide Preliminary Engineering
Services (PE Phase) for Traffic Signal Improvements at 10 Intersections (HSIP Cycle 10
Improvements), in such final form as approved by the City Attorney; and
2. Authorize the City Manager to utilize a contingency up to 10% or a final contract amount of
$213,535.47; and
3. Authorize the City Manager to negotiate and execute any future amendments to the agreement; and
4. Adopt the following resolution:
RESOLUTION NO. 2022-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR
COMMENCING JULY 1, 2022 AND ENDING JUNE 30, 2023 (HSIP CYCLE 10 IMPROVEMENTS)
BACKGROUND:
On November 1, 2020, the City submitted the Highway Safety Improvements Program (HSIP) Cycle 10
grant funding request to the State, for Traffic Signal Improvements at 10 Intersections, Citywide. The
proposed improvements as part of the grant funding request application included various traffic signal
improvements for traffic and pedestrian safety, including installation of new traffic signal heads,
pedestrian countdown head displays, pedestrian push buttons, installation of left turn phasing (protected
left turn) at applicable locations, new signal poles, mast arms, pedestrian accessibility (ADA)
improvements including curb ramps, signage, striping and related improvements.
On October 4, 2022, the City received the approved allocation letter from the State, allocating funds in
the amount of $274,600 to proceed with the preliminary engineering phase of this project.
DISCUSSION:
The proposed improvements include various traffic signal improvements for traffic and pedestrian safety,
including installation of new traffic signal heads, pedestrian countdown head displays, pedestrian push
buttons, installation of left turn phasing (protected left turn) at applicable locations, new signal poles,
mast arms, pedestrian accessibility (ADA) improvements including curb ramps, signage, striping and
related improvements.
The project locations include 10 existing signalized intersections, where the existing traffic signal system
will be upgraded to new standards to improve vehicle and pedestrian safety. The project locations include
the following intersections (Attachment No. 2 - Project Location Map).
1. Sunset Ave & Merced Ave
2. Cameron Ave & Orange Ave
3. Vincent Ave & Puente Ave
4. Lark Ellen Ave & Badillo St
5. Lark Ellen Ave & Rowland Ave
6. Hollenbeck Ave & Cameron Ave
7. Azusa Avenue & Fairgrove Ave
8. Amar Road & Temple Ave
9. Amar Road & Shadow Oak Drive
10. Sentous Ave & La Puente Road
The project is 100% funded by the State Funds and no local match is required. The City will receive
$3,184,700 from the State for this project, including design and construction phases.
On October 7, 2022, the City issued a Request for Proposal (RFP) to Provide Preliminary Engineering
(PE Phase) Services for Traffic Signal Improvements at 10 Intersections (HSIP Cycle 10 Improvements)
with a proposal due date of November 3, 2022. Two (2) firms submitted proposals:
. AGA Engineers
. Kimley Horn and Associates, Inc.
The proposals were evaluated based on criteria identified on the RFP including: Completeness of the
proposals and compliance with the required RFP format; project understanding, scope and approach to
develop the project efficiently; experience and qualifications of key staff; similar project experience,
including familiarity with State and Federal procedures; effectiveness of project schedule showing how
the proposer will be able to complete the design with required time duration.
Staff reviewed the proposals and determined that the proposal from Kimley-Horn and Associates, Inc. is
the most comprehensive and demonstrates the best understanding of the project. Kimley-Horn and
Associates, Inc. demonstrated a better understanding of the project requirements, and submitted a
preliminary project recommendations table in a detailed format for each project location, line itemizing the
recommended improvements to be considered as part of the project, based on the consultant's field
review of existing conditions. Furthermore, Kimley-Horn and Associates, Inc. submitted an efficient
project delivery schedule meeting the City's schedule requirements (final PS&E to be submitted within 6
months of City's Notice to Proceed, excluding City and Caltrans review times). Additionally,
Kimley-Horn's proposed project manager and key personnel demonstrate relevant project experience
and qualifications, experience including engineering services for similar HSIP projects at other cities
including City of Palm Springs, City of Culver City and City of San Bernardino.
Staff recommends that the City Council authorize the City Manager to negotiate and execute a
professional services agreement with Kimley-Horn and Associates, Inc. (Attachment No. 3) for the
Preliminary Engineering Services (PE Phase) for Traffic Signal Improvements at 10 Intersections (HSIP
Cycle 10 Improvements) for a total amount of $194,123.15, in such final form as approved by the City
Attorney, and authorize the City Manager to execute future amendments to the agreement. While the
base amount is within the City Manager's authority, the total with contingency is above the $200,000
threshold and, therefore, before Council for consideration. Staff is also recommending that the Council
adopt the proposed resolution approving a budget amendment in the amount of the grant received from
the State, $3,184,700. If approved tonight, the project design phase will start in January 2023, and the
final construction bid package including regulatory approvals (Caltrans) is anticipated to be finalized by
late 2023.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form and will review the
Professional Services Agreement and approve it as to form prior to execution.
OPTIONS:
The City Council has the following options:
1. Approve Staffs recommendation; or
2. Provide alternative direction.
Prepared by: Okan Demirici PE, CIP Manager
Fiscal Impact
FISCAL IMPACT:
The project will be funded through Caltrans Highway Safety Improvements Program (HSIP) Cycle 10 in
the total amount of $3,184,700. The City will receive such funds as reimbursement basis. The proposed
resolution includes a budget amendment of $3,184,700 in revenue and expenditures (adding Project
No. 23028, HSIP Cycle 10 Improvements, to the CIP) under Fund 144, Highway Safety Improvement
Program.
The Preliminary Engineering Services (Design Phase) under this contract is in the amount of
$194,123.15. These services are fully funded through Caltrans HSIP program, and there is no local
match requirement. The total funds programmed for the requested Preliminary Engineering Services
(Design Phase) through Caltrans HSIP is $274,600.
I I 1 Fl MI UYPI I lies 1.24 I Fl a] [-1;1 [(s bPdl l [9] S I I [=
11 Preliminary Engineering Services (Contract with Kimley-Horn) 11 $194,123.1511
11 Project Management Cost (10%) 11 $19,412.3211
IlTotal Project Design Phase Estimate 11 $213,535.4711
Attachments
Attachment No. 1 - Resolution No. 2022-119
Attachment No. 2- Map of Intersection Locations
Attachment No. 3 - Professional Services Agreement
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Enhance City Image and Effectiveness
A Creative and Active Communuty
ATTACHMENT NO. 1
RESOLUTION NO. 2022-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2022 AND ENDING JUNE 30, 2023 (HSIP CYCLE
10IMPROVEMENTS)
WHEREAS, on April 19, 2022, the City Manager presented to the City Council a
proposed budget for Fiscal Year 2022-23 in compliance with Section 2-151(m) of the West
Covina Municipal Code; and
WHEREAS, following the initial presentation of the proposed budget for Fiscal Year
2022-23, the City held meetings and community workshops and conducted an online budget
survey in order to solicit input from the public regarding the proposed budget; and
WHEREAS, on June 7, 2022, the City Council adopted a budget for the 2022-2023
Fiscal Year; and
WHEREAS, amendments must periodically be made to the budget to conform to
changed circumstances following adoption of the budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves Budget Amendment No. 2023-012,
attached hereto as Exhibit A, for Fiscal Year 2022-23.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
enter the same in the book of original resolutions and it shall become effective immediately.
APPROVED AND ADOPTED this 6th day of December, 2022.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Dario Castellanos
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2022-119 was duly adopted by the City
Council of the City of West Covina, California, at a regular meeting thereof held on the
6th day of December, 2022, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
Fund Name
City of West Covina
Fiscal Year 2022-23
Budget Amendment No. 2023-012
HSIP Cycle 10 Improvements
Current
Budget
Highway Safety Improvements Program (144)
Proposed
Amendment
Revenue 0 $3,184,700
Expenditures 0 $3,184,700
Revenue less Expenditures
$0
$0
Amended
Budaet
$3,184,700
$3,184,700
$0
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HSIP Countermeasures Selected:
✓ CM AS: S02 - Signal Modification: Improve signal
hardware: lenses, back -plates with retroreflective
borders, mounting, size, and number.
✓ CM 82: S07 - Signal modification: Provide protected
left turn phase (left turn lane already exists).
✓ CM #3: S17PB - Ped & Bike: Install pedestrian
countdown signal heads.
&AL._T
PROJ ECT LOCATIONS
OSunset Avenue & Merced Avenue
OCameron Avenue & Orange Avenue
0 Vincent Avenue & Puente Avenue
OLark Ellen Avenue & Badillo Street
OLark Ellen Avenue & Rowland Avenue
u
Scale 12" 1
Attachment No. 2
A
Project Location within
Los Angeles County
In the Citv of West Covina
Hollenbeck Avenue & Cameron Avenue
QAzusa Avenue & Fahgove Avenue
OAmar Road & Temple Avenue
• Amar Road & Shadow Oak Drive
• Seutous Avenue & La Puente Road
/_19E[d:IMIA0411190[411K
CITY OF WEST COVINA
PROFESSIONAL SERVICES AGREEMENT
WITH
KIMLEY-HORN AND ASSOCIATES, INC.
FOR
PRELIMINARY ENGINEERING SERVICES FOR TRAFFIC SIGNAL IMPROVEMENTS
AT 10 INTERSECTIONS (HSIP CYCLE 10 IMPROVEMENTS)
THIS AGREEMENT is made and entered into this 6th day of December, 2022 ("Effective
Date"), by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and
KIMLEY-HORN AND ASSOCIATES, INC., a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to City to provide preliminary engineering services (PE Phase) for Traffic Signal
Improvements at 10 Intersections (HSIP Cycle 10 Improvements), as more fully described herein;
and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated, except that if Consultant is
required to but does not yet hold a City business license, it will promptly obtain a business license
and will not provide services to the City until it has done so; and
C. WHEREAS, City and Consultant desire to contract for the specific services
described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this
Agreement.
E. WHEREAS, Consultant responded to the City's Request for Proposals dated
October 7, 2022, incorporated via this reference as if fully set forth herein, and Consultant's
response to the Request for Proposals was a material inducement to the City ultimately entering
into this agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described
in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement. Consultant shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in anyway affect
the performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations. City officers and employees shall not be
liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant
to comply with this section.
1.3. Performance to Satisfaction of Citv. Consultant agrees to perform all the work to
the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City
Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has
the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warran . Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation; and all other Federal,
State and local laws and ordinances applicable to the services required under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in,
nor permit its agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, age, physical or mental disability, medical condition,
genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression,
sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of
the Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under this Section
shall survive the termination of this Agreement.
1.8 Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
2
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the court.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's total compensation shall not exceed One Hundred Ninety Four Thousand One
Hundred Twenty Three Dollars and Fifteen Cents ($194,123.15).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services unless the City, prior to Consultant performing the
additional services, approves such additional services in writing. It is specifically understood that
oral requests and/or approvals of such additional services or additional compensation shall be
barred and are unenforceable. Should the City request in writing additional services that increase
the Scope of Services, an additional fee based upon the Consultant's standard hourly rates shall
be paid to the Consultant for such additional services. Such increase in additional fees shall be
limited to 25% of the total contract sum or to the maximum total contract amount of $25,000,
whichever is greater. The Department Head or City Manager is authorized to approve a Change
Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than once a month. Said invoice shall be based on the total of
all Consultant's services which have been completed to City's sole satisfaction. City shall pay
Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times from the Effective
Date until three (3) years after the termination or expiration of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to by the
parties, the professional services to be performed pursuant to this Agreement shall commence
within five (5) days from the Effective Date of this Agreement. Said services shall be performed in
strict compliance with the Project Schedule approved by City as set forth in Exhibit "C," attached
hereto and incorporated herein by this reference. The Project Schedule may be amended by
mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently
pursue work to completion may be grounds for termination of this Agreement.
3
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party. If a delay beyond the control of the Consultant is encountered, a time extension may be
mutually agreed upon in writing by the City and the Consultant. The Consultant shall present
documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of two years, ending on December 6, 2024, unless previously terminated as provided
herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior
written notice to Consultant. In the event of such termination, Consultant shall immediately stop
rendering services under this Agreement unless directed otherwise by the City. If the City
suspends, terminates or abandons a portion of this Agreement such suspension, termination or
abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this
Agreement, it shall have ten (10) days after service upon it of written notice of such default in
which to cure the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this
Agreement.
The City also shall have the right, notwithstanding any other provisions of this Agreement,
to terminate this Agreement, at its option and without prejudice to any other remedy to which it
may be entitled to at law, in equity, or under this Agreement, immediately upon service of written
notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed
because of insolvency;
C. Make a general assignment for the benefit of creditors;
d. Default in the performance of any obligation or payment of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record
for thirty (30) days or longer; or
Institute or suffer to be instituted any procedures for reorganization or
rearrangement of its affairs.
0
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the effective date of the City's written notice of termination, within forty-five (45) days after the
effective date of the notice of termination or the final invoice of the Consultant, whichever occurs
last. Compensation for work in progress shall be prorated based on the percentage of work
completed as of the effective date of termination in accordance with the fees set forth herein.
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
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to the City within ten (10) days of the effective date of the notice of
termination, at no cost to City.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, with a
current A.M. Best's rating of no less than A:VII, and approved by City:
(a) Broad -form commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily injury
with a policy limit of not less than Two Million Dollars ($2,000,000.00),
combined single limits, per occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or shall
be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per accident for bodily injury and
property damage.
(c) Workers' compensation insurance as required by the State of California,
with Statutory Limits, and Employer's Liability Insurance with a limit of no
less than One Million Dollars ($1,000,000.00) per accident for bodily injury
or disease. Consultant agrees to waive, and to obtain endorsements from
its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City, its officers,
agents, employees, and volunteers for losses arising from work performed
by Consultant for the City and to require each of its subcontractors, if any,
to do likewise under their workers' compensation insurance policies.
By execution of this Agreement, the Consultant certifies as follows:
I am aware of, and will comply
Code, requiring every employer
Workers' Compensation or to
commencing any of the work.
with, Section 3700 of the Labor
to be insured against liability of
undertake self-insurance before
5
The Consultant shall also comply with Section 3800 of the Labor Code by
securing, paying for and maintaining in full force and effect for the duration
of this Agreement, complete Workers' Compensation Insurance, and shall
furnish a Certificate of Insurance to the City before execution of this
Agreement by the City. The City, its officers and employees shall not be
responsible for any claims in law or equity occasioned by failure of the
consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined single
limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00)
aggregate. Architects' and engineers' coverage shall be endorsed to
include contractual liability. If the policy is written as a "claims made" policy,
the retroactivity date shall be prior to the start of the work set forth herein.
Consultant shall obtain and maintain said E&O liability insurance during the
life of this Agreement and for five (5) years after completion of the work
hereunder. If coverage is canceled or non -renewed, and not replaced with
another claims -made policy form with a retroactive date prior to the
effective date of this Agreement, Consultant shall purchase "extended
reporting" coverage for a minimum of five (5) years after completion of the
work.
If the Consultant maintains higher limits or has broader coverage than the minimums
shown above, the City requires and shall be entitled to all coverage, and to the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain,
the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on
behalf of the Consultant pursuant to its contract with the City; products and
completed operations of the Consultant; premises owned, occupied or
used by the Consultant; automobiles owned, leased, hired, or borrowed by
the Consultant.
(b) Notice of Cancelation: Each insurance policy required above shall provide
that coverage shall not be canceled, except with notice to the City.
(c) Primary Coverage: The Consultant's insurance coverage shall be primary
insurance as respects the City of West Covina, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
West Covina shall be excess and not contributing with the insurance
provided by this policy.
(d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any
right to subrogation which any insurer of said Consultant may acquire
against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to
0
affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement
from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions
of the policies shall not affect coverage provided to the City of West Covina,
its officers, officials, agents, employees, and volunteers.
(f) Coverage Applies Separately: The 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.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self -insured retention to provide such coverage, the amount of such deductible or
self -insured retention shall be approved in advance by City. The City may require the Consultant
to purchase coverage with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention. The policy
language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied
by either the named insured or City.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance
showing the insurance coverages and required endorsements described above, in a form and
content approved by City, prior to performing any services under this Agreement. The City
reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the
indemnification provision contained in this Agreement.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by the
parties in interest at the time of such modification.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as otherwise
expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant
shall make available the professional services of Jean Fares. PE, who shall coordinate directly
with City. Any substitution of key personnel must be approved in advance in writing by City's
Representative.
7
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile, Email or by U.S. mail. If by U.S. mail, it shall be addressed asset forth below and placed
in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such communication
is sent by facsimile or by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the
official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
Kimley-Horn and Associates, Inc.
660 S. Figueroa Street, Suite 2050
Los Angeles, CA 90017
Tel: 213-261-4040
Email: Jean.Fares@kimley-horn.com
Attn: Jean Fares, PE
IF TO CITY:
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: 626-939-8401
Email: pmorales@westcovina.org
Attn: Paulina Morales
6.5 Attorneys' Fees. If litigation is brought by any party in connection with this
Agreement, each party shall be responsible for its own costs and expenses, including attorneys'
fees.
6.6. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los
Angeles County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall
be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant
of Consultant's obligation to perform all other obligations to be performed by Consultant
hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify,
hold free and harmless the City, its elected and appointed officials, officers, agents and
employees, at Consultant's sole expense, from and against any and all claims, demands, actions,
suits or other legal proceedings brought against the City, its elected and appointed officials,
officers, agents and employees arising out of the performance of the Consultant, its employees,
and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The
defense obligation provided for hereunder shall apply without any advance showing of negligence
or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be
required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors,
omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors,
and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected
and appointed officials, officers, agents and employees based upon the work performed by the
Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or
not the Consultant, its employees, and/or authorized subcontractors are specifically named or
0
otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable
for the defense or indemnification of the City for claims, actions, complaints or suits arising out of
the sole active negligence or willful misconduct of the City. This provision shall supersede and
replace all other indemnity provisions contained either in the City's specifications or Consultant's
Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time,
or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees due
to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City. Any
9
use of such documents for other projects not contemplated by this Agreement, and any use of
incomplete documents, shall be at the sole risk of City and without liability or legal exposure to
Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses,
and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports, documents,
information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes
or any other related items as requested by City or its authorized representative, at no additional
cost to the City. Consultant or Consultant's agents shall execute such documents as may be
necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal
and external risks to the privacy and security of personal information that could result in the
unauthorized disclosure, misuse, alteration, destruction or other compromise of the information.
Contractor shall regularly assess the sufficiency of any safeguards and information security
awareness training in place to control reasonably foreseeable internal and external risks, and
evaluate and adjust those safeguards in light of the assessment.
6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to
Government Code Section 87300 and the Conflict of Interest Code adopted by City, Consultant
is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest
Statement (Form 700) with the City Clerk, for each employee providing advice under this
Agreement, prior to the commencement of work, unless waived by the City Manager.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the Political
Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections
1090-1092. Consultant covenants that none of Consultant's officers or principals have any interest
in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree
with the performance of the services hereunder, including in any manner in violation of the Political
Reform Act. Consultant further covenants that in the performance of this Agreement, no person
having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing any
services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s)
and/or partnership(s) owning property in the City and further covenants and agrees that
Consultant and/or its subconsultants shall provide no service or enter into any agreement or
agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
owning property in the City prior to the completion of the work under this Agreement.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
10
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.21. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.22. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement,
based upon the substantial benefit of the bargain for any party, is materially impaired, which
determination made by the presiding court or arbitrator of competent jurisdiction shall be binding,
then both parties agree to substitute such provision(s) through good faith negotiations.
6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement. Counterpart written signatures may be
transmitted by facsimile, email or other electronic means and have the same legal effect as if they
were original signatures.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
6.26 Taxpayer Identification Number. Consultant shall provide City with a complete
Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal
Revenue Service.
11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CITY OF WEST COVINA,
A municipal corporation
Date:
David Carmany
City Manager
KIMLEY-HORN AND ASSOCIATES, INC.
California Corporation
Date:
Signature
Name and Title
2 signatures from Consultant might be required.
Note: ff Consultant is a Corporation, then two signatures are required. The first signature is to
be by the chair of the board, the president or vice president. The second signature is to be by a
corporate secretary, assistant secretary, chief financial officer, or any assistant treasurer. (A
person can hold more than one corporate office — that person can sign the agreement twice if
both capacities are identified.
ff Consultant is a Limited Liability Company (LLC), that is managed by members, then the
first signature must be by any member, and unless required in the governing documents, no
second signature is required. If it is managed by a manager, the first signature must be by a
manager, and the second signature by a second manager (unless articles of organization state
there is only one manager.
If Consultant is a partnership or LLP, the first signature is by a partner (unless partnership rules
state otherwise), and second signature is not required (unless partnership rules state otherwise).
Signature
Name and Title
ATTEST:
Lisa Sherrick
Assistant City Clerk
Date:
12
APPROVED AS TO FORM:
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
Helen Tran
Risk Management
Date:
Date:
13
EXHIBIT A
SCOPE OF SERVICES
The scope of services includes the following key tasks:
1. Project Management
2. Utility Coordination
3. Preliminary Engineering
4. Plans, Specifications, and Estimate (PS&E)
5. Bidding and Construction Support
6. Prepare Record Drawings (As-Builts)
7. Prepare Traffic Signal Timing Charts
Task 1: Proiect Management
This task will consist of project coordination with the team, administration, and set up and
attendance at project meetings. Kimley-Horn's administration efforts include initial development
and maintenance of project schedule, work plan, budget, and filing system and process monthly
invoices/progress reports. Kimley-Horn will create and maintain a detailed schedule, updating it
as needed to manage the project, and as requested by the City.
Kimley-Horn will attend a pre -design (kick-off) meeting with City staff after the award of contract
to conduct introduction, discuss scope of work, information needed from various City
departments, overall schedule, and the implementation process. After the kick-off meeting, bi-
weekly progress meetings will be scheduled as well as meetings to review the preliminary design,
60%, 90%, and 100% submittals with City staff. Any difficulties that may impede progress will be
communicated, resolved, and expedited to ensure all deadlines are met on time.
Task 1 Deliverables:
• Attendance at project meetings
• Electronic copy of meeting agendas and meeting minutes
• Schedule updates at each submittal milestone (60%, 90%, 100%)
Task 2: Utility Coordination
Task 2. 1: Utility Coordination
This task includes collecting data and information from the City, coordination with utility
companies, and a field reconnaissance at six intersections. Kimley-Horn will coordinate with the
City to collect existing data for the design. Sample data that will be requested includes, but is not
limited to, the following
• Utility contacts
• Existing as-builts pertinent to the project within the project vicinity including, but not limited
to, existing traffic signal, roadway, and communication as-builts
• Available electronic signal plans
Kimley-Horn will perform utility coordination for the project. Record base maps of the utility
companies will be requested, and Kimley-Horn will notify the various agencies and request that if
they plan to install new facilities within the project area that they coordinate with the City as soon
as possible. Utility records will be scanned and catalogued as they are received. Utility information
14
will be incorporated into the project base map. Kimley-Horn will review and analyze received utility
record plans to identify potential conflicts with the proposed improvements. A matrix will be
created to track which utility companies have been contacted, which utility documentation has
been received, and which utility documents have been implemented into the plan. Preliminary
and final plans will be sent to all affected utility companies to communicate our improvements and
further minimize any utility conflicts that may occur during construction.
Kimley-Horn will coordinate with utilities up to the start of construction to facilitate the adjustment
and relocation of their facilities if necessary. It is assumed that utility coordination will transfer to
another responsible parry at the start of construction.
Task 2.2. Potholing (Optional)
If deemed necessary, Kimley-Horn will team with a potholing subconsultant who will provide the
following:
• Underground utilities at potential conflict locations to determine their horizontal and vertical
location for clearance and connection points or conflicts for underground improvements such as
gas lines and other utilities, and to determine the location of proposed traffic signal pole
foundations
• Repair existing improvements in -kind because of potholing. This includes repair of asphalt
concrete and PCC. They will perform up to eight potholes. Vac-X or similar potholing method will
not be used over gas mains. The potholing information and plan will be submitted to the City after
task completion
• Pull a no -fee encroachment permit, notify underground service alert, and provide standard
traffic control during potholing operation
Task 3: Preliminary Engineering
Kimley-Horn will be working with Avant -Garde to prepare the Categorical Exception documents
and coordinate with the City to receive approval. As this project is state funded as part of HSIP
Cycle 10, local HSIP projects must meet the requirements of the CEQA. Based upon our
preparation of environmental documentation for similar projects and a review of the project as
presented in the RFP, Kimley-Horn anticipates that the project will be categorically exempt under
CEQA Guidelines Section 15301 — Existing Facilities. The Notice of Exemption (NOE) will include
a brief project description and analysis/explanation as to why this exemption under CEQA
Guidelines Section 15301 is appropriate and confirm that no exceptions or unusual circumstances
exist. Kimley-Horn will file the NOE with the County Clerk.
Kimley-Horn understands the project will be completed within the public right-of-way. The project
will not require any utility relocation or right- of -way acquisition or easements. Kimley-Horn will
perform research and compile all available right-of-way maps, assessor parcel maps, and
easement information within project limits. The right-of-way information will be shown on the
plans. Any Temporary Construction Easements (TCEs) will be obtained by the City from adjacent
property owners and the consultant shall show them on the plans.
Kimley-Horn will review base data documents including as -built improvement plans, utility
information, survey information, and other available record data.
15
Kimley-Horn will conduct field investigations at each of the intersections to document existing
street and traffic signal equipment and assess existing conditions to identify any necessary
upgrades. Topographic survey will not be required for ADA ramp design.
Kimley-Horn will prepare preliminary engineering plans for each intersection that show tentative
traffic signal improvements. Plans will be completed in AutoCAD Version 2022 and will be
presented with one intersection per plan sheet at scale 1 "=20' for major intersection improvements
and four intersections per plan sheet at scale 1 "=40' for minor intersection improvements.
The following intersections will require major traffic signal improvements:
• Sunset Avenue and Merced Avenue
• Cameron Avenue and Orange Avenue
• Vincent Avenue and Puente Avenue
• Lark Ellen Avenue and Badillo Street
• Hollenbeck Avenue and Cameron Avenue
• Sentous Avenue and La Puente Road
The traffic signal improvement plans for the intersections above will include signing and striping
and other traffic signal upgrades necessary for the upgraded traffic signal operations, such as
new traffic signal cabinets, controllers, battery back-up systems, poles, mast arms, luminaire
arms, audible pedestrian push buttons, countdown pedestrian heads, 12" signal heads,
retroreflective borders on backplates, continental crosswalks and limit lines, ADA curb ramps, and
conduits.
The following intersections will require minor traffic signal improvements
• Lark Ellen Avenue and Rowland Avenue
• Azusa Avenue and Fairgrove Avenue
• Amar Road and Temple Avenue
• Amar Road and Shadow Oak Drive
A preliminary engineer's Opinion of Probable Construction Cost (OPCC) will be developed on
Microsoft Excel based on the preliminary plans. A project contingency will be included in the
engineer's opinion of probably costs to provide for cost increases and unknown issues that may
arise but cannot be specifically identified at this stage.
Kimley-Horn will prepare technical specifications on Microsoft Word. The base documents that
the technical specifications will be based on the City of Commerce Traffic Signal Specifications
and Standard Specification for Public Works Construction ("Green book").
Task 3 Deliverables:
• Preparation of CEQA Categorical Exemption
• Preliminary Engineering Plans (7 sheets) in PDF electronic format
• Preliminary Opinion of Probable Construction Cost (OPCC) in PDF electronic format
• Preliminary Technical Specifications in PDF electronic format
Task 4: Plans. Specifications. & Estimate (PS&E
Task 4.1: 60% PS&E Package
16
Based on one set of non -conflicting comments on the Preliminary Plans, Kimley-Horn will advance
the construction documents to a 60% level of design. Kimley-Horn will adjust the design plans
based on City comments. Kimley-Horn will prepare a comment response matrix to be submitted
with the 60% submittal. The comment response matrix will include the original comments, Kimley-
Horn's responses to the comments, and final resolution. Additional annotation will be added to
the traffic signal plans based on the comments received by the City.
The engineer's OPCC and Technical Specifications will be updated based on the City's
comments.
The following plan sheets are anticipated for the project
• Cover Sheet (One sheet)
• Notes, Legends, and Construction Details (One Sheet)
• Traffic Signal Improvement Plans (Seven sheets)
• Curb Ramp Detail Sheets (Two sheets)
• Estimated Total sheets (11 sheets
The following sheets are not part of the design at any stage of the project:
• Signing and Striping Plans
• Civil Improvements
• Communication Plans
• Street Lighting Plans
Task 4.1 Deliverables:
• One set of 60% plans in PDF electronic format
• Technical specifications in PDF electronic format
• 60% OPCC in PDF electronic format
Task 4.2 90% PS&E Package
Based on one set of non -conflicting comments on the 60% plans, Kimley-Horn will advance the
construction documents to a 90% level of design. Kimley-Horn will adjust the design plans based
on City comments. Kimley-Horn will prepare a comment response matrix to be submitted with the
90% submittal. The comment response matrix will include the original comments, Kimley-Horn's
responses to the comments, and final resolution. Additional annotation will be added to the traffic
signal plans based on the comments received by the City.
The engineer's OPCC and Technical Specifications will be updated based on the City's
comments.
Task 4.2 Deliverables:
One set of 90% plans in PDF electronic format
Technical specifications in PDF electronic format
90% OPCC in PDF electronic format
Task 4.3 100% PS&E Package
17
Based on one set of non -conflicting comments from the 90% PS&E comments, Kimley-Horn will
advance the PS&E to the 100% level of design. It is expected that the comments will not result in
a major change in design. Kimley-Horn will adjust the plans and technical specifications based on
the City comments accordingly. Kimley-Horn will prepare a comment response matrix to be
submitted with the Final submittal. The comment response matrix will include the original
comments, Kimley-Horn responses to the comments, and final resolution. A licensed professional
engineer will conduct a peer review and QC/QA of the design plans, OPCC, and technical
specifications. A license professional engineer will stamp and sign all plan sheets for this
submittal.
Task 4.3 Deliverables:
• One set of 24"x36" hardcopy 100% plans with wet signed mylars and in .dwg format
• One set of hardcopy technical specifications, electronic PDF, and electronic MS Word
format
• 100% OPCC in electronic PDF and Excel format
Task 4.4 Caltrans LAPM Forms for PSE Certification and E-76 Construction Authorization
As this is a HSIP Cycle 10 project, Caltrans LAPM forms for PSE Certification and E-76
Construction Authorization is not required.
Kimley-Horn will be working with Avant -Garde to prepare and submit right-of-way self -certification
forms as well as prepare and submit construction allocation request and other documents for
Caltrans.
Task 4.4 Deliverables:
Right -of -Way self -certification package
Construction allocation package
Task 5: Biddina and Construction Support
This task consists of coordination and support during the bidding phase of the project. Kimley-
Horn will attend the pre -bid meeting and assist City staff and/or potential contractors in answering
pre -bid questions, and interpretations of the plans and specifications. Kimley-Horn will log those
questions and provide responses to requests for information (RFI) during the bidding phase and
prepare project addenda.
Kimley-Horn will also assist with coordination and support during the construction stages of the
project. Kimley-Horn will attend the pre- construction meeting and address items for the
construction management team to be aware of. Kimley-Horn will be involved during construction
stages by responding to RFIs, reviewing and responding to all submittals, and reviewing any
proposed changes by the contractor during construction. Kimley-Horn will attend up to 12
construction progress meeting or field meeting.
Task 5 Deliverables:
• Prepare up to two project addenda
• Response to pre -bid questions
• Response to RFI and questions during bidding phase
• Response to RFI's and Submittal Reviews
• Attendance of up to 12 meetings
IN
Pre -construction
Job Walk
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Task 6: Prepare Record Drawinas (As-Builts
Kimley-Horn will prepare record drawing as-builts within 20 days after construction has been
completed. Any comments and changes during construction as red -lined and noted by the
contractor will be documented and annotated. Record drawings will be prepared in AutoCAD, and
PDF electronic files shall be sent to the City.
Task 6 Deliverable:
• Record drawings in PDF electronic format
Task 7: Prepare Traffic Sianal Timina Charts
Kimley-Horn will prepare updated traffic signal timing sheets for the following intersections:
• Sunset Avenue and Merced Avenue
• Cameron Avenue and Orange Avenue
• Vincent Avenue and Puente Avenue
• Lark Ellen Avenue and Badillo Street
• Lark Ellen Avenue and Rowland Avenue
• Hollenbeck Avenue and Cameron Avenue
• Azusa Avenue and Fairgrove Avenue
• Amar Road and Temple Avenue
• Amar Road and Shadow Oak Drive
• Sentous Avenue and La Puente Road
The updated timing sheets will include proposed signal timing parameters such as minimum
bicycle greens, all -red times, walk times, flashing don't walk times, and yellow times. For each
intersection, recommended phase timing parameters will be calculated by referencing the latest
version of the CA MUTCD and recent aerial imagery measurements. For the intersections with
new protected left turn phases, the phase diagrams on the updated traffic signal timing sheets
will be updated to reflect the new phasing. The format of the updated timing sheets will be
consistent with the proposed traffic signal controller software type.
Task 7 Deliverable:
Updated traffic signal timing sheets in electronic Excel and PDF electronic format
19
57.9T-THn.
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Task 6
Task?
Prepare s (As43rri
Prep" Tralft 579kah Tinirp Churls
2
2
5
10
30
12
07
$ 2,
$ 7,EK
10
j TOTAL HOURS
51
40
24
15
18
61
214
620
30
1073
Subtotal Labor
5 18,733.64
$ 16,074,49
5 7,295.73
5 3,740.0)
5 4.00L65
5 11,351,67
5 34,672.58
5 86.272.10
5 3,447,45
5 185,589.31
Cam"
f
Labs Escalator
5 2,793.94
Avant-Gaa1e. Im (see arlac breakdoenl
5 4,750.00
Travepkliea0e
5 300.00
Fed EalCov
5 200.00
Outside Pmtkp
5 500.00
TOTAL COST:
194123AS
20
CITY OF WEST COVINA
PRELIMINARY ENGINEERING (PE) PHASE SERVICES, HSIP CYCLE 10 IMPROVEMENTS-HSIPL-5259(030)
Name
Category)Title
Billing Rate
Lissette Montoya
Keit!LeNoue
Program Director
Programinator
$130.00
$75.00
Total Hours
Total Costs
Task t
Project Management
Task 2
Utility Coordination
Task 3
Preliminary Engineering
4.1
60% l
10
45
.00
4.2
90% PSBE
4.3
100%l
4.4
Call LAPM Forms for PSE Certification and E-76 Construction Authorization
LA,PM Forms for CEQA and ROW Certification
8
26
34
$ 2,990.00
Allocation for Construction
2
20
22
$ 1,760.00
Task 5
Task 6
Bidding and Co
Prepare Record Drawings (As -Bull
Task 7
Prepare Traffic Signal Timing Charts
TOTAL HOURS
10
46
56
Subtotal Labor:
$1,300.00
$3,450.00
$ 4,750.00
r-1
Other Direct Costs
TOTAL COST:
I$ 4,750.00
21
EXHIBIT C
PROJECT SCHEDULE
Our draft project schedule, highlighting project tasks, durations, start and completion dates, and time allocations for City and other agency
review, is provided below. This schedule assumes a Notice to Proceed (NTP) of January 9, 2023 and a final PS&E completion date within six
months of the City's NTP as requested in the RFP. It is our intent to review this schedule with the City at the start of the project and make any
desired adjustments and track the project work as a progress schedule by providing regular updates.
Task Name
Task 1— Project Management
Months from
ongoing
NTP
Task 2 — Utility Coordination
Task 3 — CEOA Categorical Exemption and
Preliminary Engineering
; ...
p Wks Review
(city) •••••••
•••••-•••••••••••
••
Task 4 — Plans, Specifications, and Estimates (PS&E)
Task 5 — Bidding Assistance and Construction Support
(ongoing throughout
duration
of consthxtion)
Task 6— Prepare Record Drawings (As-Builts)
Task 7 — Prepare Traffic Signal Timing Charts
I
60%.....E 96% .....1009A
Submitted Submitted Submitted
(end of Month 4) (mid of Month 6) (mid of Month 7
22
i (After
construction
completion)