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HomeMy WebLinkAboutItem 09f - Engineering and Traffic Survey STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT DATE: October 6, 2026 TO: Honorable Mayor and City Council FROM: Paul Cranmer, Assistant City Manager/Public Works Services Director By: Michael Kwok, Associate Civil Engineer SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING FOR THE 2026 ENGINEERING AND TRAFFIC SURVEY IN THE AMOUNT OF $39,800 CEQA: Not a Project Recommendation: Approve SUMMARY The California Vehicle Code requires cities to conduct Engineering and Traffic Surveys every seven years to prima facie speed limits on City streets. The City of Arcadia’s current Engineering and Traffic Survey, which establishes the posted speed limits throughout the City, is scheduled to expire at the end of 2026. To ensure the City receives high-quality professional services at a competitive cost, the Public Works Services Department (“PWSD”) solicited a Requests for Proposals (“RFP”) for a new Engineering and Traffic Survey. Following an evaluation of the proposals received, it is recommended that the City Council approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Willdan Engineering for the preparation of the 2026 Engineering and Traffic Survey, in the amount of $39,800. BACKGROUND The purpose of an Engineering and Traffic Survey is to establish speed limits that are enforceable by radar on City streets. The California Vehicle Code (“CVC”) governs the requirements and application of the Engineering and Traffic Survey, which are Professional Services Agreement for Engineering and Traffic Survey October 6, 2026 Page 2 of 5 generally valid for a period of seven years. The City of Arcadia’s current Engineering and Traffic Survey was adopted in 2019 and is scheduled to expire in 2026. The CVC defines an Engineering and Traffic Survey as a survey of highway and traffic conditions conducted in accordance with methods determined by the California Department of Transportation (“Caltrans”) for use by State and local authorities. The survey is required to include the following: • Prevailing speeds as determined by engineering measurements; • Collision reports; and • Highway, traffic, and roadside conditions not readily apparent to the driver. Pursuant to the California Manual for Setting Speed Limits, speed limit recommendations are generally based on the 85th-percentile speed, the speed at or below which, approximately 85 percent of observed vehicles travel. Historically, speed limits were typically established at or below the 85th-percentile speed. However, subsequent court rulings have affected the methodology used to establish enforceable speed limits, including circumstances in which the recommended speed limit may be set at the 85th-percentile speed or rounded to the next higher 5-mph increment. Where a roadway segment has an unusually high collision rate that is potentially related to vehicle speeds or has unusual roadway or roadside conditions not readily apparent to motorists, the recommended speed limit may be adjusted downward as permitted by applicable law and guidance. Because speed limit violations may be challenged in court, the validity and methodology of the underlying Engineering and Traffic Survey can be subject to judicial review. Accordingly, it is important that the City’s Engineering and Traffic Survey be prepared using sound engineering practices, statistically valid data, and applicable State requirements and guidance to support the defensibility of the recommended speed limits. Previously, the City conducted its Engineering and Traffic Surveys using City staff. However, for the three most recent surveys, completed in 2008, 2014, and 2019, the City retained the services of professional traffic engineering firms to assist with data collection, analysis, and preparation of the surveys. The City will continue this Professional Services Agreement for Engineering and Traffic Survey October 6, 2026 Page 3 of 5 practice for the 2026 Engineering and Traffic Survey. Utilizing an independent traffic engineering firm helps maintain objectivity in the collection and analysis of traffic data and avoids the potential perception of a conflict of interest. The three most recent surveys have provided clear, accurate, and defensible documentation when challenged in court. For the 2026 Engineering and Traffic Survey, the City is seeking the services of a qualified professional traffic engineering firm to perform the required traffic data collection and engineering analysis. The firm selected will be responsible for obtaining 24-hour traffic counts at 99 locations on various arterial and collector streets throughout the City, as well as conducting an Engineering and Traffic Survey to establish speed limits on portions of 38 arterial and collector streets. The scope of work will include surveys at 53 locations, including four additional street segments where all-way stop controls have recently been installed or where traffic signals are anticipated in the near future. The proposed locations are as follows: • First Ave between Colorado Blvd and Santa Clara Street • First Ave between California Street and Duarte Road • Second Avenue between Huntington Drive and Duarte Road • Centennial Way between WB Huntington Drive and EB Huntington Drive DISCUSSION On August 10, 2026, a Notice Inviting Proposals for an Engineering and Traffic Survey was published in accordance with City Council Resolution No. 7483, and RFP packages were posted on the City’s website and sent to bid boards. On August 25, 2026, the City Clerk received six proposals with the following results: Company Name Rank Cost Proposal Willdan Engineering 1 $39,800 W.G. Zimmerman Engineering 2 $42,000 General Technologies and Solutions 3 $44,080 Gibson Transportation Consulting 4 $51,200 TJKM Transportation Consultants 5 $59,210 Minagar & Associates 6 $59,801 Professional Services Agreement for Engineering and Traffic Survey October 6, 2026 Page 4 of 5 All proposals were evaluated based on the firm’s qualifications, relevant experience, and the quality and completeness of their proposed approach. Following a thorough review and evaluation of the proposals received, staff determined that Willdan Engineering is the most qualified firm to provide the City’s 2026 Engineering and Traffic Survey. Willdan Engineering prepared the City’s two most recent Engineering and Traffic Surveys in 2014 and 2019 and has provided the City with high-quality traffic engineering services. As a result of its prior work, Willdan Engineering has existing field documentation and familiarity with the City’s roadway network, which will provide efficiencies in reviewing and evaluating the individual survey locations. Additionally, having prepared the City’s two previous Surveys, Willdan Engineering is familiar with the City’s requirements and the data presentation formats used in the prior reports, allowing the firm to efficiently prepare the 2026 Survey. As a value-added service, Willdan Engineering also proposed reviewing three years of collision data to assist the City in determining whether the provisions of California Assembly Bill 43, including the authority under California Vehicle Code Section 22358.7 to reduce posted speed limits by 5 mph under specified circumstances, may be applicable to certain locations within the City. This additional analysis will provide the City with information to evaluate whether any existing speed limits may be eligible for adjustment under current State law. Willdan Engineering’s scope of services will include conducting radar speed surveys; documenting roadway and roadside conditions; reviewing and analyzing collision data; analyzing collected speed data to determine the 85th-percentile speeds; developing recommended speed limits; and preparing a final Engineering and Traffic Survey report in a format designed to meet applicable legal and judicial standards. In addition, Willdan Engineering will conduct 24-hour traffic counts at 99 locations on various arterial and collector streets throughout the City. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Professional Services Agreement for Engineering and Traffic Survey October 6, 2026 Page 5 of 5 FISCAL IMPACT Funds in the amount of $50,000 were budgeted in the Fiscal Year 2024-25 Capital Improvement Program for the Engineering and Traffic Survey. Measure M funds will be utilized for these Services. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Willdan Engineering for the 2026 Engineering and Traffic Survey in the amount of $39,800. Attachment: Proposed Professional Services Agreement 1 Updated Feb. 2020 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING ENGINEERING SERVICES FOR 2026 ENGINEERING AND TRAFFIC SURVEY This Agreement is made and entered into as of _____________________, 20_____ by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and Willdan Engineering, a California Corporation, with its principal place of business at 13191 Crossroads Parkway North, Suite 405, City of Industry, CA 91746 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Engineering Services for 2026 Engineering and Traffic Survey (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of THIRTY-NINE THOUSAND, EIGHT HUNDRED DOLLARS AND NO CENTS ($39,000.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed 2 Updated Feb. 2020 description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Term. The term of this Agreement shall be from date of execution to December 31, 2026, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). Consultant shall complete the services required hereunder by December 15, 2026. The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. 3 Updated Feb. 2020 b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 4 Updated Feb. 2020 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability Consultant shall procure and submit evidence of insurance for at least five (5) years from the time that all work under this Agreement is completed. (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall 5 Updated Feb. 2020 specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain 6 Updated Feb. 2020 and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required 7 Updated Feb. 2020 Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 8 Updated Feb. 2020 (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional 9 Updated Feb. 2020 insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. All subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage 10 Updated Feb. 2020 Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same. 15. City Material Requirements. Consultant is hereby made aware of the City’s requirements regarding materials, as set forth in Request for Proposals, which are deemed to be a part of this Agreement. 16. Laws and Venue. 11 Updated Feb. 2020 This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 17 Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19. Organization Consultant shall assign Nicolle Spann, as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 21. Notice 12 Updated Feb. 2020 Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attn: Michael Kwok Associate Civil Engineer CONSULTANT: Willdan Engineering 13191 Crossroads Parkway North, Suite 405 City of Industry, CA 91746 Attn: Nicolle, Spann and shall be effective upon receipt thereof. 22. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. Successors and Assigns 13 Updated Feb. 2020 This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. City’s Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] 14 Updated Feb. 2020 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND WILLDAN ENGINEERING IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA WILLDAN ENGINEERING By: By: Dominic Lazzaretto City Manager Title: Printed Name: ATTEST: By: Title: By: City Clerk Printed Name: APPROVED AS TO FORM: CONCUR: By: ___________________________________ Michael J. Maurer Paul Cranmer City Attorney Assistant City Manager, Public Works Services Director 15 Updated Feb. 2020 EXHIBIT “A” Scope of Services The Scope of Services for the Engineering Services for 2026 Engineering and Traffic Survey, shall include, but are not limited to the following: • obtaining citywide 24-hour vehicle volume counts, conducting radar surveys, reduction of the radar data to establish the 85th percentile, 10-mile per hour (MPH) pace, median speeds, and cumulative speed data, all on a court approved format. 24-Hour Vehicle Volume Counts Vehicle volume counts shall be conducted at 99 locations per the map in Attachment B for a two-day period covering a Wednesday and a Thursday during the Santa Anita Horse Racing Season. With the Santa Anita Race Track holding its fall and winter/spring meets every Thursday through Sunday from September through November and end of December to June respectively, the traffic count data will cover a non-racing and a racing day. The two days shall be averaged for the final volume. Additional locations may be requested on a cost-per-location basis. The final version shall include a summary table listing the two-day volumes and the average for each location, a map with the final volumes shown, and a table comparing the 2019 counts to the most recent, with the changes. The Consultant shall be responsible for submitting the traffic volume data sheets and summary in two (2) hard copy booklet forms and a digital format. Engineering & Traffic Survey This will involve conducting radar surveys or approved equal speed surveys at 53 locations within the City. A sample of the suggested format was included in the Request for Proposals. If deemed necessary, additional locations may be requested by the City based on an agreed upon unit price. In addition, radar surveys shall be completed where new traffic signals or all-way stops will or have been added on streets/segments as follows: • First Ave between Colorado Blvd and Santa Clara Street • First Ave between California Street and Duarte Road • Second Avenue between Huntington Drive and Duarte Road • Centennial Way between WB Huntington Drive and EB Huntington Drive 16 Updated Feb. 2020 The consultant shall comply with the California Vehicle Code, Section 40802, and particularly subparagraphs (A) and (B). The consultant shall also conduct all relevant POST certifications, speed measuring equipment tests and calibrations and shall provide the City with copies of said certifications, test, and calibrations. The consultant shall also be responsible for submitting the resulting data on two hard copies as well as on an approved digital format. All data collection, report and subsequent presentations must be submitted to the City on/before December 15, 2026. • Willdan Engineering’s Scope of Services, as set forth in its Proposal submitted in response to the Request for Proposal for Engineering Services for the 2026 Engineering and Traffic Survey, is hereby incorporated into and made a part of this Agreement as Attachment “A” to Exhibit “A”. Attachment "A" 17 Updated Feb. 2020 EXHIBIT “B” Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract. Compensation shall be based on time and materials spent in accordance with the following tasks, not to exceed the total compensation listed below: The schedule of prices is attached as attachment “A” to this Exhibit “B”. Engineering Services for 2026 Engineering and Traffic Survey - $39,800.00 Total Compensation - $39,800.00 The total compensation shall not exceed the total listed without written authorization in accordance with Section 2 (b) of the agreement. 18 Updated Feb. 2020 Attachment “A” to Exhibit “B” CITY OF ARCADIA 2026 ENGINEERING AND TRAFFIC SURVEY COST PROPOSAL 19 Updated Feb. 2020 EXHIBIT “C” Activity Schedule All work shall be completed in accordance with the following schedule: The term of this Agreement shall commence from the Notice to proceed up to and including December 31, 2026. All tasks under Exhibit “A” shall be adhered to and executed accordingly by the completion date of December 15, 2026.