HomeMy WebLinkAboutCC AG PKT 2008-12-08 #TAGENDA STAFF REPORT
DATE: December 8, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT
WITH WILLDAN ENGINEERING FOR SR 22 /
STUDEBAKER ROAD FEASIBILITY STUDY
SUMMARY OF REQUEST;
The City Council adopt Resolution No. 5822 approving a Professional Services
Agreement with Willdan Engineering to conduct a feasibility study related to SR
22/Studebaker Road.
BACKGROUND:
For many years, ingress and egress to the College Park West community has
been negatively impacted by traffic using the westbound on/off ramp for SR 22.
This roadway is amulti-jurisdictional freeway off-ramp operated by Caltrans and
located in the City of Long Beach. The City of Seal Beach desires to see
improves to the intersection at the entrance and exit to College Park West. This .
intersection also serves a neighborhood in the City of Long Beach.
The intersection is located at College Park Drive and the SR 22 westbound
Studebaker Road on/off ramp in the City of Long Beach. As residents of Seal
Beach and Long Beach exit from College Park Drive, which terminates at the SR
22 off ramp, the residents must stop until it is safe to proceed. College Park Drive
and the SR 22 off ramp is a stop controlled "T" intersection. At various times of
the day, including the morning, noon and evening peak hours, vehicles wait an
inordinate amount of time to exit from these residential areas due to the
continuous stream of vehicles coming on and off the freeway.
It is not as big a problem for the Long Beach residents because they have an
alternative exit through their tract. The City of Long Beach restricts access for
Seal Beach residents to this alternative during the most critical times by way of a
right turn prohibition at Salida Avenue.
Agenda Item T
Page 2
Staff has met with Caltrans District 12, OCTA and City of Long Beach
Councilman DeLong. All are understanding of the situation and are supportive of
our efforts to make improvements. Since the subject location actually is in
Caltrans District 7, the City of Seal Beach will need to garner the support of
District 7 for any changes to be made to this intersection. Before approaching
District 7, staff believes it is important to present to them not only the problem,
but also viable potential solutions.
To that end, staff has solicited a proposal from Willdan Engineering to conduct a
feasibility study regarding potential solutions for this intersection. The November
3, 2008 proposal provides for Project Management, a Traffic Signal Warrant
Study and a Conceptual Alignment Study for a fee of $12,800. Willdan
Engineering has extensive experience in freeway design and are well qualified to
provide the described services.
FINANCIAL IMPACT:
Funding for this project will come from the approved Engineering Division
operations budget for FY 08/09. No budget appropriation is needed at this time.
RECOMMENDATION:
The City Council adopt Resolution No. 5822 approving a Professional Services
Agreement with Willdan Engineering to conduct a feasibility study related to SR
22/Studebaker Road.
SUM .
Vince Mastrosimone
Director of Public Works
NOTED AND APPROVED:
~~
David Carmany, City Manager
Attachments:
A. Willdan Proposal date November 3, 2008
B. Agreement
C. Resolution No. 5822
w
x_
'~,,'": WILLDAN
r~ Engineering
November 3, 2008
NOV 0 6 2008
Mr. Vince Mastrosimone
Director of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
2401 East Katella Avenue Suite 450
Anaheim, California 92806
714!978-8200 fax 714/978-8299
www wdldan com
City o~'Sea~ ,~~aeh
Pubiit Works Department
REC~IVcD
SUBJECT: Proposal for Engineering Services - SR-22/Studebaker Road Feasibility
Study
Dear Mr. Mastrosimone:
Willdan Engineering appreciates the opportunity to submit this task order under our on-call
agreement with the City of Seal Beach for the subject project. Willdan looks forward to
working with the City on this project.
We trust the information herein is complete. If you have any questions or require additional
information, please contact Eric Wiebke at (714) 978-8209 or ewiebke@willdan.com.
Respectfully submitted,
Willdan Engineering
Ken Steele, P.E.
Vice President
Scope of Work
Task 1, Project Management
Attend two project meetings with the City staff and two meetings with Caltrans.
Task 2, Traffic Signal Warrant Study
Conduct a traffic signal warrant study to determine if the intersection of Studebaker and
College Park Drive currently meets the requirements for a traffic signal. The study
would include the collection of traffic count data, preparation of a signal warrant analysis
and a summary of the analysis, findings and conclusions.
Task 3, Conceptual Alignments
Obtain as-built drawings from Caltrans, District 7. Prepare three conceptual alignments
on Google Earth aerial photographs for the improvements at the intersection of
Studebaker Road and College Park Drive and the SR-22 hook ramps. The alignments
would include, but not limited to, proposed lane configurations, median islands and
pocket lengths. No proposed right-of-way acquisition is assumed with any alignment.
Budget
The following lump-sum budget covers the tasks listed herein.
The estimated cost for the above Task 1 scope of work is anot-to-exceed fee of $3,000.
The estimated cost for the above Task 2 scope of work is anot-to-exceed fee of $3,800.
The estimated cost for the above Task 3 scope of work is anot-to-exceed fee of $6,000.
Total:
'`'~-~ WI LLDAN
,~ra__~ Engineering
$12,800
2
F~ extending
WILLDAN ~~h
Transmittal
TO:
City of Seal Beach
211- 8`~ Street
Seal Beach, CA 90740
ATTENTION:
Vince Mastrosimone
SUBJECT:
SR-22/Studebaker Road Feasibility Study
DATE:
November 12, 2008
JOB NO.:
95110
ENCLOSED:
2 duplicate originals - An Agreement for Engineering Services - SR-22/Studebaker Road Feasibility Study
REMARKS:
The enclosed materials are being sent for.
Your files
® PLEASE SIGN 2 COPIES AND RETURN 1 TO OUR OFFICE.
COPIES TO:
VERY TRULY YOURS,
WILLDAN
Engineering I Geotechnical ~ Ernironmental I Financial ~ Homeland Security
714.940.6300 1800.424.9144 I fax: 714.940.4920 12401 East Katella Avenue, Suite 300, Anaheim, CA 9280&-6073 i www.willdan.com
General Ledger
Detailed Trial Balance
User: lcwalton
Printed: 11/06/2008-- 10:05
Period 1 to 12, 2009
City of Seal Beach
Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance
001 General Fund
EXPENSE
001-042 Engineering
001-042-44000 Contract Professiona Engineer
09/18/2008 AP 03 000081 ROWO1 -Rowley International Inc
09/25/2008 AP 03 000123 SEA33 - Seal Beach Sun Newspaper
001-042-44000 Totals:
001-042 EXPENSE Totals:
EXPENSE Totals:
37,000.00
Clc# 73114 5,500.00 0.00
Clc# 73310 38.00 0.00
Var:31,462.00 37,000.00 0.00 5,538.00 0.00 5,538.00
37,000.00 0.00 5,538.00 0.00 5,538.00
37,000.00 0.00 5,538.00 0.00 5,538.00
001 Totals: (37,000.00) 0.00 5,538.00 0.00 5,538.00
Report Totals: (37,000.00) 0.00 5,538.00 0.00 5,538.00
GL -Detailed Trial Balance (11/06/2008 - 10:05) Page 1
AN AGREEMENT
FOR ENGINEERING SERVICES -
SR-22/STUDEBAKER ROAD FEASIBILITY STUDY
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Willdan Engineering
2401 East Katella Avenue, Suite 450
Anaheim, California 92806-6073
Fax: (714) 978-8299
THIS AGREEMENT is made and entered into this ~_ day of November 2008, by and
between the City of Seal Beach, a municipal corporation ("City") and Willdan Engineering, a
California corporation ("Consultant").
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RECITALS
A. The is interested in knowing the feasibility of improvements to the SR-
22/Studebaker Road westbound off ramp to improve ingress and egress from residents of
College Park West.
B. Willdan represents it is experienced and qualified to conduct a feasibility study
for the City.
C. Willdan has submitted a proposal dated November 3, 2008 to provide the services
desired by the City.
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
AGREEMENT
1. Consultant's Services.
1.1.Scope and Level of Services. Subject to the terms and conditions set forth in
this Agreement, City hereby engages Consultant to perform the feasibility study (Study) set forth
in Exhibit A, which is hereby incorporated by this reference.
1.2. Time for Performance. Consultant shall diligently perform all services
under this Agreement on a timely, basis consistent with industry standards for professional
engineers.
1.3. Standard of Care. As a material inducement to City to enter into this
Agreement, Consultant hereby represents that it has the experience necessary to undertake the
services to be provided. In light of such status and experience, Consultant hereby covenants that
it shall follow the customary professional standards in performing all services.
1.4. Familiarity with Services. By executing this Agreement, Consultant
represents that, to the extent required by the standard of practice, Consultant (a) has investigated
and considered the scope of services to be performed, (b) has carefully considered how the
services should be performed, and (c) understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement. Consultant represents that
Consultant, to the extent required by the standard of practice, has investigated the subject project
site and is reasonably acquainted with the conditions therein. Should Consultant discover any
latent or unknown conditions, which will materially affect the performance of services,
Consultant shall immediately inform City of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the City Representative.
2. Term of Agreement. This Agreement is effective as of November , 2008
(the "Effective Date"), and shall remain in full force and effect until Consultant has "renaered the
services required by this Agreement, unless sooner terminated as provided in Section 13 herein.
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3. Compensation and Expense Reimbursement.
3.1. Compensation. City shall compensate Consultant at its not to exceed rates
set forth in Exhibit A for the services provided pursuant to Section 1 of this Agreement. In no
event shall the City pay Consultant more than the total sum of $12,800.00 unless additional
services are provided pursuant to Section 3.2. City shall not withhold any federal, state or other
taxes, or other deductions.
3.2. Additional Services. City shall not pay Consultant for additional services
unless the City Representative authorizes, in advance, such services. City shall compensate
Consultant for any authorized extra services at the Consultant's standazd hourly rates.
4. Representatives.
4.1. City Representative. For the purposes of this Agreement, the contract
administrator and City's representative shall be the Director of Public Works, or such other
person as the Director designates in writing (hereinafter the "City Representative"). It shall be
Consultant's responsibility to assure that the City Representative is kept informed of the progress
of the performance of the services, and Consultant shall refer any decisions that must be made by
City to the City Representative. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the City Representative.
4.2. Consultant Representative. For the purposes of this Agreement, Ken
Steele, P.E. is hereby designated as the principal and representative of Consultant authorized to
act in its behalf with respect to the services specified herein and make all decisions in connection
therewith (the "Responsible Principal"). It is expressly understood that the experience,
knowledge, capability, and reputation of the Responsible Principal were a substantial inducement
for City to enter into this Agreement. Therefore, the Responsible Principal shall be responsible
during the term of this Agreement for directing all activities of Consultant and devoting
sufficient time to personally supervise the services hereunder. Consultant may not change the
Responsible Principal without the prior written approval of City, which approval shall not be
unreasonably withheld.
5. Consultant's Personnel.
5.1. All Services shall be performed by Consultant or under Consultant's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
State and local law to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code
5.2. Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with the
standazd of Gaze set forth in Section 6 below.
5.3. Consultant shall be responsible for payment of all employees' and
subconsultants' wages and benefits, and shall comply with all requirements pertaining to
employer's liability, workers' compensation, unemployment insurance, and Social Security.
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5.4. Consultant shall indemnify and hold harmless City and its elected
officials, officers and employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city or agency officials, from any and all liability,
damages, claims, costs and expenses of any nature to the extent arising from Consultant's alleged
violations of personnel practices. 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 Section 5.
6. Standard of Performance. Consultant shall perform all services to customary
professional standards and in a manner reasonably satisfactory to City.
7. Status as Indeyendent Contractor. Consultant is, and shall at all times remain as
to City, a wholly independent contractor. Consultant shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act as an agent of City. 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 officers, agents or employees are in any manner employees
of City. Consultant shall pay all required taxes on amounts paid to Consultant under this
Agreement, and to 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 shall fully comply with the workers' compensation law
regazding Consultant and Consultant's employees. Consultant further agrees to indemnify and
hold City harmless from any failure of Consultant to comply with applicable workers'
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 Section 7.
8. Confidentiality. Consultant may have access to financial, accounting, statistical,
and personnel data of individuals and City employees. Consultant covenants that all data,
documents, discussion, or other information developed or received by Consultant or provided for
performance of this Agreement aze deemed confidential and shall not be disclosed by Consultant
without prior written authorization by City. City shall grant such authorization if applicable law
requires disclosure. 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.
9. Conflict of Interest.
9.1.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which would
conflict in any manner with the performance of the Services. Consultant further covenants that,
in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appeazance of having any interest, which would conflict
in any• manner with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may likely make
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Consultant "financially interested" (as provided in California Government Code §§1090 and
87100) in any decision made by City on any matter in connection with which Consultant has
been retained.
9.1.2. Consultant further represents that it has not employed or retained
any person or entity, other than a bona fide employee working exclusively for Consultant, to
solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity,
other than a bona fide employee working exclusively for Consultant, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this Agreement. Upon
any breach or violation of this warranty, City shall have the right, at its sole and absolute
discretion, to terminate this Agreement without further liability, or to deduct from any sums
payable to Consultant hereunder the full amount or value of any such fee, commission,
percentage or gift.
9.1.3. Consultant has no knowledge that any officer or employee of City
has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this
transaction or in the business of Consultant, and that if any such interest comes to the knowledge
of Consultant at any time during the term of this Agreement, Consultant shall immediately make
a complete, written disclosure of such interest to City, even if such interest would not be deemed
a prohibited "conflict of interest" under applicable laws as described in this subsection.
10. Indemnification.
10.1. Indemnity for Design Professional Services. In connection with its design
professional services, Consultant shall defend, hold harmless and indemnify City, and its elected
officials, officers, employees, servants, designated volunteers, and those City agents serving as
independent contractors in the role of city or agency officials (collectively, "Indemnitees"), with
respect to any and all claims, demands, damages, liabilities, losses, costs or expenses
(collectively, "Claims" hereinafter), including but not limited to Claims relating to death or
injury to any person and injury to any property, to the extent to which they arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its
officers, employees, subcontractors, or agents in the performance of its design professional
services under this Agreement, but not to the extent the result of the negligence or willful
misconduct of the City or of other third parties not under the control or the supervision of
Consultant.. Consultant's obligation to defend pursuant to this Section shall apply independent
of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of
Indemnitees. Consultant shall defend Indemnitees in any action or actions filed in connection
with any of said claims with counsel of Consultant's choice, subject to City's reasonable
approval, and shall pay all costs and expenses, including all attorneys' fees actually incurred in
connection with such defense, provided that in the event that any damages are determined by the
court to have been caused in part by persons or entities other than Consultant, Consultant's
obligation hereunder shall be in proportion to Consultant's share of fault.
10.2. Other Indemnities. In connection with all Claims not covered by Section
10.1, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any
and all • Claims including but not limited to Claims relating to death or injury to any person and
injury to any property, which arise out of, pertain to, or relate to the acts or omissions of
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Consultant or any of its officers, employees, subcontractors, or agents in the performance of this
Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection
with any such Claims with counsel of Consultant's choice, subject to City's reasonable approval,
and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually
incurred in connection with such defense. Consultant's duty to defend pursuant to this Section
shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors,
or omissions of Indemnitees.
10.3. Acknowledgment of Indemnity Duties. By affixing his or her initials
below, each party representative hereby acknowledges that the representative has read and
accepted the provisions set forth in this Section 10.
~.K-
~D ~, d~
City Consultant Consultant
10.4. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights
that they may possess against Consultant because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
10.5. Waiver of Right of Subro ag tion. Consultant, on behalf of itself and all
parties claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities
arising out of or incident to activities or operations performed by or on behalf of the Indemnitor.
10.6. Survival. The provisions of this Section 10 shall survive the termination
of the Agreement and are in addition to any other rights or remedies that Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against an Consultant shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
11. Insurance.
11.1. Liability Insurance. Consultant shall procure and maintain in full force
and effect for the duration of this Agreement insurance against claims for injuries to persons or
damages to property and professional negligence which may arise from or in connection with the
performance of the services hereunder by Consultant, and its agents, representatives, employees
and subconsultants.
11.2. Minimum Scove of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
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Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
Worker's Compensation insurance as required by the State
of California and Employer's Liability Insurance.
Professional Liability insurance. Consultant shall provide
to City the standard form issued by the carrier.
11.3. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
General Liability: $1,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property
damage. Commercial General Liability Insurance or other
form with a general aggregate limit shall apply separately
to this Agreement or the general limit shall be twice the
required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily
injury and property damage.
Employer's Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers'
Compensation Insurance in the amount required by law.
Professional Liability: $1,000,000 per claim/aggregate.
11.4. Deductibles and Self-Insured Retentions. Consultant shall inform City of
any deductibles or self-insured retentions except with respect to professional liability insurance.
11.5. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
11.5.1. City, its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of city or agency officials, are to be covered
as additional insureds as respects: liability arising out of activities performed by or on behalf of
Consultant; products and completed operations of Consultant; premises owned, occupied or used
by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage
shall contain no limitations on the scope of protection afforded to City, its officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials which are not also limitations applicable to the named insured.
11.5.2. For any claims related to this Agreement, Consultant's insurance
coverage shall be primary insurance as respects City, its officers, officials, employees,
designated volunteers and agents serving as independent contractors in the role of city or agency
official's. Any insurance or self-insurance maintained by City, their officers, officials,
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employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials shall be excess of Consultant's insurance and shall not contribute with it.
11.5.3. 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.
11.5.4. Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled or materially modified except after 30 days prior written
notice by first class mail has been given to City, or 10 days prior written notice by first class mail
if cancellation is due to nonpayment of premiums.
11.5.5. Each insurance policy, except for the professional liability policy,
required by this clause shall expressly waive the insurer's right of subrogation against City and
its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of city or agency officials.
11.6. Acceptabilitv of Insurers. Insurance is to be placed with insurers with ~a
current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk
Manager.
11.7. Verification of Coverase. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by the City. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by City before services commence. As an alternative to City forms,
Consultant's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
11.8. Subconsultants. Consultant shall include all subconsultants as insureds
under its policies or shall furnish separate certificates and endorsements for each subconsultant.
All coverages for subconsultants shall be subject to all of the requirements stated herein unless
otherwise approved in advance in writing by City.
12. 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 that City might require. City shall compensate
Consultant for any litigation support services in an amount to be mutually agreed upon by the
parties.
13. Termination. Either party shall have the right to terminate this Agreement at any
time for any reason on written notice to the other party. In the event either party exercises its
right to terminate this Agreement, City shall pay Consultant for any services rendered prior to the
effective date of the termination. Consultant shall have no other claim against City by reason of
such termination, including any claim for compensation.
14. Suspension. City may, in writing, order Consultant to suspend all or any part of
the Consultant's Services for the convenience of City or for work stoppages beyond the control
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of City or Consultant. Subject to the provisions of this Agreement relating to termination, a
suspension of the Services does not void this Agreement.
15. Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Consultant's and City's regular business
hours or by facsimile before or during Consultant's regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this section. All notices shall be
addressed as follows:
If to City: City Clerk
City of Seal Beach
211 8th Street
Seal Beach, California 90740
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211 8th Street
Seal Beach, California 90740
If to Consultant: Ken Steele, P.E.
Willdan Engineering
2401 East Katella Avenue, Suite 450
Anaheim, California 92806-6073
Fax: (714) 978-8299
16. Non Discrimination and Equal Employment OpportunitX. In the performance of
this Agreement, Consultant shall not discriminate against any employee, subconsultant, or
applicant for employment because of race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Consultant will take affirmative action to ensure that subconsultants and applicants are
employed, and that employees are treated during employment, without regard to their race, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition, or sexual orientation.
17. Non-Assi ng ability: Subcontracting. Consultant shall not assign, transfer, or
subcontract any interest in this Agreement or the performance of any of Consultant's obligations
hereunder. Any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
18. Compliance with Laws. Consultant shall comply with all applicable federal, state
and local laws, ordinances, codes and regulations in force at the time Consultant performs the
Services.
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19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any
other condition of performance under this Agreement. In no event shall the making by City of
any payment to Consultant constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Consultant, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
20. Attornevs' Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including attorneys' fees actually incurred in connection with such enforcement or interpretation.
21. Exhibits: Precedence. All documents referenced as exhibits in this Agreement are
hereby incorporated in this Agreement. In the event of any material discrepancy between the
express provisions of this Agreement and the provisions of any document incorporated herein by
reference, including but not limited to the Consultant's Proposal dated November 3, 2008 and
attached hereto as Exhibit A, the provisions of this Agreement shall prevail.
22. Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of California. In the event of any
asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the
interpretation of this Agreement shall not be resolved by any rules of interpretation providing for
interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
23. Entire Agreement. This Agreement, including any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between Consultant
and City. This Agreement supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
10 of 12
C:\Documents and Settings\ksteele\Local Settings\Temporary Internet Files\OLK17Wgreement re Design Services Willdan
(2).DOC
CITY OF SEAL BEACH
By:
Attest:
By:
David Carmany, City Manager
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
WII.LDAN ENGINEERING
By: ~~
Name: ~o~,~ ~ ~ l., . ~vv~
Title: Qr't~s~~`
By: -
N f2~ 9 L . C~ /~L
Title: ~,~~ ~2h'r~B.r2 y
(Two signatures required for corporations
under California Corporations Code § 313)
C:\Documents and Settings\ksteele\Local Settings\Temporary Internet Files\OLK17\Agreement re Design Services
Willdan (2).DOC
EXHIBIT A
Consultant's Proposal Dated November 3, 2008
(Including Scope of Services)
12
'''`~Y~ WI LLDAN
~3„Y„~ Engineering
November 3, 2008
Mr. Vince Mastrosimone
Director of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
2401 East Katella Avenue. Suite 450
Anaheim, California 92806
714/978-8200 fax 714/978-8299
www willdan com
SUBJECT: Proposal for Engineering Services - SR-22/Studebaker Road Feasibility
Study
Dear Mr. Mastrosimone:
Willdan Engineering appreciates the opportunity to submit this task order under our on-call
agreement with the City of Seal Beach for the subject project. Willdan looks forward to
working with the City on this project.
We trust the information herein is complete. If you have any questions or require additional
information, please contact Eric Wiebke at (714) 978-8209 or ewiebke@willdan.com.
Respectfully submitted,
Willdan Engineering
Ken Steele, P.E.
Vice President
Scope of Work
Task 1, Project Management
Attend two project meetings with the City staff and two meetings with Caltrans.
Task 2, Traffic Signal Warrant Study
Conduct a traffic signal warrant study to determine if the intersection of Studebaker and
College Park Drive currently meets the requirements for a traffic signal. The study
would include the collection of traffic count data, prepazation of a signal warrant analysis
and a summazy of the analysis, findings and conclusions.
Task 3, Conceptual Alignments
Obtain as-built drawings from Caltrans, District 7. Prepare three conceptual alignments
on Google Earth aerial photographs for the improvements at the intersection of
Studebaker Road and College Pazk Drive and the SR-22 hook ramps. The alignments
would include, but not limited to, proposed lane configurations, median islands and
pocket lengths. No proposed right-of--way acquisition is assumed with any alignment.
Budget
The following lump-sum budget covers the tasks listed herein.
The estimated cost for the above Task 1 scope of work is anot-to-exceed fee of $3,000.
The estimated cost for the above Task 2 scope of work is anot-to-exceed fee of $3,800.
The estimated cost for the above Task 3 scope of work is anot-to-exceed fee of $6,000.
Total:
„~~ ~~~ WILLDAN
~,;,.~, Engineenng
$12,800
2
RESOLUTION NUMBER 5822
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA APPROVING PROFESSIONAL SERVICES
AGREEMENT WITH WILLDAN ENGINEERING FOR
ENGINEERING SERVICES FOR SR 22/STUDEBAKER ROAD
FEASIBILITY STUDY
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves that certain Professional Services
Agreement with Willdan Engineering dated December 8, 2008 under which
Willdan Engineering will provide a Feasibility Study for proposed improvements
to the SR 22/Studebaker Road on/off ramp.
Section 2. The City Council hereby authorizes the City Manager to execute the
agreement.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 8th day of December , 2008 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5822 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 8th day
of December , 2008.
City Clerk