HomeMy WebLinkAboutE-6 Staff Report - Award of Contract for Foothill and Palm Traffic Signal ProjectCONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: DON PENMAN, INTERIM CITY MANAGER
FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: OCTOBER 2, 2017
SUBJECT: AWARD A CONSTRUCTION CONTRACT AND A CONSTRUCTION
MANAGEMENT, PROJECT MANAGEMENT, AND INSPECTION SERVICES
AGREEMENT FOR THE FOOTHILL BOULEVARD AND PALM DRIVE TRAFFIC
SIGNAL PROJECT – CIP PROJECT 66114A
SUMMARY:
On July 17, 2017, the City Council approved plans and specifications to construct a new traffic signal at
the intersection of Foothill Boulevard and Palm Drive and authorized Staff to solicit bids. Sealed bids
were received on August 31, 2017. Additionally, Staff obtained proposals to provide construction
management, project management, and inspection services for this project. The proposed actions award
a construction contract to Elecnor Belco Electric, Inc. as the lowest and responsible bidder and a
professional services agreement to LAE Associates, Inc. as the most qualified consultant.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1) Award a construction contract for a total not-to-exceed amount of $262,516, which includes a
10% contingency for potential change orders as needed, to Elecnor Belco Electric, Inc. for the
Foothill Boulevard and Palm Drive Traffic Signal Project; and
2) Authorize the Interim City Manager to execute a contract, in a form acceptable to the City
Attorney, on behalf of the City; and
3) Award a professional services agreement for a total not-to-exceed amount of $45,839, which
includes a 10% contingency for potential change orders as needed, to LAE Associates Inc. to
provide construction management, project management and inspection services for the Foothill
Boulevard and Palm Drive Traffic Signal Project; and
4) Authorize the Interim City Manager to execute a professional services agreement, in a form
acceptable to the City Attorney, on behalf of the City.
APPROVED
CITY COUNCIL
OCTOBER 2, 2017
Foothill Boulevard and Palm Drive Traffic Signal Project
October 2, 2017
Page 2
DISCUSSION:
The intersection of Foothill Boulevard and Palm Drive is a 3-legged intersection that currently operates
with all-way stop control. The proposed project will remove the existing stop controls and convert the
intersection into a fully signalized intersection. In addition, the impro vements will provide a much
needed north-south crosswalk allowing pedestrians to safely cross Foothill Boulevard.
Sealed bids were received and opened on August 31, 2017. Results are as follows:
No. Company Total Bid
1 Elecnor Belco Electric, Inc. $238,651.00
2 PTM General Engineering Services, Inc. $252,025.00
3 California Professional Engineering, Inc. $253,500.00
4 Dynaelectric $262,000.00
5 Comet Electric $267,454.00
6 Calpromax Engineering, Inc. $294,850.00
The lowest, responsive bid was submitted by Elecnor Belco Electric, Inc., a corporation which has been
in business for over 20 years and has recently completed projects of similar scope in several Southern
California cities.
Staff distributed a Request for Proposals (RFP) to provide construction management, project
management, and inspection services to its on-call engineering consultants and also advertised the RFP
on the City’s website and on professional engineering service trade publications. Staff received
proposals from the following firms:
No. Company Proposal Amount
1 LAE Associates, Inc. $41,672
2 Willdan Engineering $42,530
3 Transportation and Energy Solutions, Inc. $52,250
4 TKE Engineering $61,422
After an extensive review of all proposals, Staff selected LAE Associates, Inc. as the most qualified
consultant to provide construction management, project management, and inspection services for the
Foothill Boulevard and Palm Drive Traffic Signal Project.
ENVIRONMENTAL CLEARANCE:
This action is categorically exempt from the requirements of the California Environmentally Quality Act
(CEQA) pursuant to Section 15301(f), addition of safety devices.
FISCAL IMPACT:
The recommended actions award a contract to Elecnor Belco Electric, Inc. in the amount of $238,651
and further authorizes Staff to amend the contract up to 10% or $23,865 for a total not-to-exceed
contract amount of $262,516. This contract will be funded with Surface Transportation Program Local
Foothill Boulevard and Palm Drive Traffic Signal Project
October 2, 2017
Page 3
(STPL) Federal Funds. Sufficient funds are available for this project as this project was programmed in
the current fiscal year at $289,920.
The recommended actions also awards a professional services agreement to LAE Associates, Inc. in the
amount of $41,672 and further authorizes Staff to amend the agreement up to 10% or $4,167 for a total
not-to-exceed amount of $45,839. This agreement will be funded with Measure R Funds.
Prepared by: Fiscal Impact Reviewed by:
Daniel Bobadilla, P.E. Talika M. Johnson
Director of Public Works/City Engineer Director of Finance
Reviewed and Approved: Reviewed and Approved:
Louie F. Lacasella Don Penman
Senior Management Analyst Interim City Manager
Attachment:
1) Contract with Elecnor Belco Electric, Inc.
2) Professional Services Agreement with LAE Associates, Inc.
Page 1 of 6
CITY OF AZUSA STANDARD CONTRACT
CONTRACT 07-LA-AZU; Federal-Funded Project # STPL-5112(018)
FOOTHILL BOULEVARD AND PALM DRIVE
TRAFFIC SIGNAL INSTALLATION PROJECT
THIS AGREEMENT is made and entered into this ______ day of
___________________________ 2017, by and between the CITY OF AZUSA, a Municipal
corporation, hereinafter called CITY, and ELECNOR BELCO ELECTRIC, INC., hereinafter
called CONTRACTOR.
RECITALS
CITY, by its Notice Inviting Bids duly advertised for written bids to be submitted on or before
August 31, 2017, for the following:
CONTRACT 07-LA-AZU (Federal-Funded Project # STPL-5112(018)
FOOTHILL BOULEVARD AND PALM DRIVE
TRAFFIC SIGNAL INSTALLATION PROJECT
hereinafter called PROJECT.
At 10:00 a.m., on said date, in the City Clerk’s Office of the City of Azusa City Hall, said bids
were duly opened.
At its regular meeting held on October 2, 2017, the City Council duly accepted the bid of
CONTRACTOR for said PROJECT for being the lowest responsible, responsive bid received
and directed that a written contract be entered into with CONTRACTOR. NOW, THEREFORE,
in consideration of the premises and of the mutual covenants and agreements herein contained,
said parties do hereby agree as follows:
ARTICLE I
The contract documents for the PROJECT shall consist of the Notice Inviting Sealed Bids,
Instructions to Bidders, General Specifications, Standard Specifications, Special Provisions,
Plans, CONTRACTOR’S Proposal, and all referenced specifications, details, standard drawings,
and appendices, together with this Contract and all required bonds, insurance certificates,
permits, notices, and affidavits, and also including any and all addenda or supplemental
agreements clarifying, amending, or extending the work contemplated as may be required to
insure its completion in an acceptable manner.
All of the rights and obligations of CITY and CONTRACTOR are fully set forth and described in
the Contract Documents.
All of the above-mentioned documents are intended to complement the other documents so that
any work called for in one, and not mentioned in the others, or vice versa, is to be executed the
same as if mentioned in all of said documents. The documents comprising the complete
contract are hereinafter referred to as CONTRACT DOCUMENTS and are incorporated herein
by this reference and made part hereof as though they were fully set forth herein.
Page 2 of 6
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY,
CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT
and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.
ARTICLE III
CONTRACTOR hereby agrees to receive and accept the total amount of Two Hundred Thirty-
Eight Thousand Six Hundred Fifty-One Dollars ($238,651), which is based on performing all of
the bid quantities shown on Bid Schedule as full compensation for furnishing all materials,
performing all work, and fulfilling all obligations hereunder. The final total amount to be paid to
the CONTRACTOR shall be based on actual bid quantities completed. Said compensation shall
cover all expenses, losses, damages, and consequences arising out of the nature of the work
during its progress or prior to its acceptance including those for well and faithfully completing the
work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS,
and also including those arising from actions of the elements, unforeseen difficulties or
obstructions encountered in the prosecution of the work, suspension or discontinuance of the
work, and all other unknowns or risks of any description connected with the work. CITY shall
herein retain five percent (5%) of said price until said time as the provisions of Article XII herein
have been met.
ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to
provide the materials, do the work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the said amounts set forth in Article III hereof,
and hereby agrees to pay the same at the time, in the manner, and upon the conditions set forth
in the CONTRACT DOCUMENTS.
In addition, CONTRACTOR hereby promises and agrees to comply with all of the provisions of
Federal and/or State law as the same shall apply to this PROJECT pertaining to the
employment of unauthorized aliens as defined therein.
Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or
services covered by this contract, and should the Federal Government impose sanctions
against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall,
reimburse CITY for the cost of all such sanctions imposed, together with any and all costs,
including attorneys’ fees, incurred by the CITY in connection therewith.
ARTICLE V
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be
issued to said CONTRACTOR by the CITY and shall complete work on the PROJECT within the
time schedule specified in the specifications.
ARTICLE VI
A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as
CONTRACTOR, or any Contractor’s subcontractor, agents or employees have knowledge
and reporting is possible, of the discovery of any of the following conditions:
1. The presence of any material that the CONTRACTOR believes is hazardous waste, as
defined in Section 25117 of the Health and Safety Code;
2. Subsurface or latent physical conditions at the site differing from those indicated in the
specifications; or,
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3. Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of this
character provided for in this Contract.
B. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR
shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or
physical conditions from causing bodily injury to any person.
C. CITY shall promptly investigate the reported conditions. If CITY, through the City Engineer
or his/her, and in the exercise of its sole discretion, determines that the conditions do
materially differ, or do involve hazardous waste, and will cause a decrease or increase in the
Contractor’s cost of, or time required for, performance of any part of the work, then CITY
shall issue a change order.
D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions
materially differ, or involve hazardous waste, or cause a decrease or increase in the
CONTRACTOR’s cost of, or time required for, performance of any part of the work,
CONTRACTOR shall not be excused from any schedule completion date, and shall proceed
with all work to be performed under the Contract. CONTRACTOR shall retain any and all
rights, which pertain to the resolution of disputes and protests between the parties.
ARTICLE VII
CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its
elective and appointive boards, officers, agents and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from the
performance of the Contractor’s work, regardless of responsibility of negligence; and from any
and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting
directly or indirectly from the nature of the work covered by the contract, regardless of
responsibility of negligence; provided:
(a) That CITY does not, and shall not, waive any rights against CONTRACTOR which it may
have by reason of the aforesaid hold-harmless agreement because of the deposit with CITY
by CONTRACTOR, of any of the insurance policies hereinafter described in this Agreement.
(b) That the aforesaid hold-harmless agreement by CONTRACTOR shall apply to all damages
and claims for damages of every kind suffered, or alleges to have been suffered, by reason
of any of the aforesaid operations of CONTRACTOR or any subcontractor, regardless of
whether or not such insurance policies shall have been determined to be applicable to any
of such damages or claims for damages.
ARTICLE VIII
CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a bond, or
bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the
contract price thereof conditioned upon the faithful performance of this contract and upon the
payment of all labor and materials furnished in connection with this contract.
ARTICLE IX
CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have
obtained all insurance required by the CONTRACT DOCUMENTS and such insurance shall
have been approved by CITY as to form, amount and carrier, nor shall CONTRACTOR allow
any subcontractor to commence work on any subcontract until all similar insurance required of
the subcontractor shall have been so obtained and approved.
(a) COMPENSATION INSURANCE. CONTRACTOR shall take out and maintain, during
the life of this contract, Worker’s Compensation Insurance for all of Contractor’s
employees employed at the site of improvement; and, if any work is sublet,
CONTRACTOR shall require the subcontractor’s similarly to provide Worker’s
Page 4 of 6
Compensation Insurance for all of the latter’s employees, unless such employees
are covered by the protection afforded by CONTRACTOR. If any class of
employees engaged in work under this contract at the site of the PROJECT is not
protected under any Worker’s Compensation law, CONTRACTOR shall provide
and shall cause each subcontractor’s to provide adequate insurance for the
protection of employees not otherwise protected. CONTRACTOR shall indemnify
CITY for any damage resulting to it from failure of either CONTRACTOR or any
subcontractor to take out or maintain such insurance.
(b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS / COMPLETED
OPERATIONS HAZARD, COMPREHENSIVE AUTOMOBILE LIABILITY AND
CONTRACTUAL GENERAL LIABILITY INSURANCE. CONTRACTOR shall take
out and maintain during the life of this contract such comprehensive general
liability, products/completed operations hazard, comprehensive automobile liability
and contractual general liability insurance as shall protect the CITY, its elective and
appointive boards, officers, agents and employees, CONTRACTOR, and any
subcontractor performing work covered by this contract, from claims for damage for
personal injury, including death, as well as from claims for property damage which
may arise from CONTRACTOR or any subcontractor, or by anyone directly or
indirectly employed by either CONTRACTOR or any subcontractor’s, and the
amounts of such insurance shall be as follows:
(1) Public Liability and Property Damage Insurance in an amount of not less than
TWO MILLION DOLLARS ($2,000,000);
(2) Products/Completed Operations Hazard Insurance in an amount of not less
than TWO MILLION DOLLARS ($2,000,000);
(3) Comprehensive Automobile Liability Insurance in an amount of not less than
TWO MILLION DOLLARS ($2,000,000);
(4) Contractual General Liability Insurance in an amount of not less than TWO
MILLION DOLLARS ($2,000,000);
(5) or GENERAL AGGREGATE LIABILITY in an amount of not less than TWO
MILLION DOLLARS ($2,000,000).
A combined single limit policy with aggregate limits in an amount of not less than TWO
MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required
minimum limits set forth herein above.
(c) PROOF OF INSURANCE. The City of Azusa shall be named as “additional
insured” on all policies required hereunder, and CONTRACTOR shall furnish CITY,
concurrently with the execution hereof, with satisfactory proof of carriage of the
insurance required, and adequate legal assurance that each carrier will give CITY
at least thirty (30) days’ prior notice of the cancellation of any policy during the
effective period of this contract. Such insurance shall be primary and
noncontributory with any other insurance maintained by the City of Azusa.
(d) NOTICE TO COMMENCE WORK. The CITY will not issue any notice authorizing
CONTRACTOR or any subcontractor to commence work under this contract until
CONTRACTOR has provided to the CITY the proof of insurance as required by
subparagraph (c) of this article.
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ARTICLE X
If any dispute shall arise concerning this Agreement, the prevailing party shall be entitled to
attorney fees.
ARTICLE XI
The parties agree that it would be impractical and extremely difficult to fix the actual damages to
the CITY in the event the PROJECT is not commenced and/or completed on or before the dates
specified for commencement and completion of the PROJECT in the CONTRACT
DOCUMENTS. The parties have considered the facts of breach of this contract and have
agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated
damages in the event of a breach, and that said sum shall be presumed to be the amount of the
damages sustained by the CITY in the event of such a breach. The parties therefore agree that
in the event such work is not begun and/or completed and accepted by the times so specified in
the CONTRACT DOCUMENTS, the sum of Two-hundred-fifty dollars ($250) shall be presumed
to be the amount of damages suffered by the CITY for each day’s delay in the starting and/or
completion and acceptance of said PROJECT after the dates specified in the CONTRACT
DOCUMENTS for the start and/or completion thereof, and CONTRACTOR hereby agrees to
pay said sum of Two-hundred-fifty dollars ($250) as liquidated damages for each day of delay in
the starting and/or completion and acceptance of said PROJECT beyond the date specified in
the CONTRACT DOCUMENTS. Any and all such liquidated damage assessed shall be done so
in accordance with that certain edition of the Specification for Public Works Construction,
currently in effect as of the date of this Agreement.
ARTICLE XII
Contractor hereby promises and agrees to comply with all of the provisions of the Federal
Requirements related to employment and labor relations.
ARTICLE XIII
Upon completion of the PROJECT and acceptance of same by the City Council, the CITY
Manager shall have cause to be recorded a Notice of Completion with the office of the Los
Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of
Completion is recorded, the Director of Finance of CITY shall release the funds retained
pursuant to Article III hereof; provided there have been no mechanics’ liens or stop notices filed
against said work which have not been paid, withdrawn or eliminated as liens against said work.
ARTICLE XIV
This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without
first obtaining the written consent of the CITY thereto.
ARTICLE XV
The provisions of this agreement are cumulative and in addition to and not in limitation of any
rights or remedies available to CITY.
ARTICLE XVI
If either party to this agreement is required to initiate or defend, or is made a party to, any action
or proceeding in any way connected with this agreement, the party prevailing in the final
judgment in such action or proceeding, in addition to any other relief which may be granted,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include reasonable costs for
investigating such action conducting discovery and all other necessary cost the court allows,
which are incurred in such litigation.
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The provisions of this agreement are cumulative and in addition to and not in limitation of any
rights or remedies available to the CITY.
IN WITNESS WHEREOF the parties hereto have caused this contract to be executed on the
date first above written by their respective officers duly authorized in that behalf.
CITY OF AZUSA, a Municipal corporation ELECNOR BELCO ELECTRIC, INC.
Signed by: _________________________ Signed by: ____________________________
Joseph R. Rocha President
Mayor
Signed by: ________________________
Don Penman
Interim City Manager
ATTEST:
Signed by: _________________________ Signed by: ____________________________
Jeffrey Lawrence Cornejo, Jr. Secretary
City Clerk
APPROVED AS TO FORM:
Signed by: ________________________
Best Best & Krieger LLP
City Attorney
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ________________, 2017 by
and between the City of Azusa, a municipal corporation organized under the laws of the State of
California with its principal place of business at 213 East Foothill Boulevard, Azusa, California
91702 (“City”) and LAE Associates Inc. with its principal place of business at 650 N. Rose
Drive, # 182, Placentia, CA 92870 (“Consultant”). City and Consultant are sometimes
individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in performing services to public clients,
is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render construction management, project
management, and inspection services for the Foothill Boulevard and Palm Drive Traffic Signal
Project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional consulting services necessary for the
Project (“Services”). The Services are more particularly described in Exhibit “A” attached
hereto and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from the execution date until
construction of the Project is complete, unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines. The Parties may, by mutual written consent, extend the
term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Consultant.
LAE Associates Inc. – Construction Managemet, Project Management, and Inspection Services
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3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows:
• Fred Alamolhoda, P.E., Principal-In-Charge
• Fawne Yamashiro, P.E., Construction Management
• Shawn Ariannia, P.E., G.E., Geotechnical Services
• Ken Manera, James Peter, & Fred Agah, Construction Observation
3.2.5 City’s Representative. The City hereby designates Daniel Bobadilla, PE,
Director of Public Works/City Engineer, or his or her designee, to act as its representative for the
LAE Associates Inc. – Construction Managemet, Project Management, and Inspection Services
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performance of this Agreement (“City’s Representative”). City’s Representative shall have the
power to act on behalf of the City for all purposes under this Contract. Consultant shall not
accept direction or orders from any person other than the City’s Representative or his or her
designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Gerald
Greene, Stormwater Director, or his designee, to act as its representative for the performance of
this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant’s Representative shall supervise and direct the Services, using his/her best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant’s failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately
agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant
agrees that if the Services are not completed within the aforementioned Performance Time
and/or pursuant to any such Project Milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
LAE Associates Inc. – Construction Managemet, Project Management, and Inspection Services
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3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable
for all violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant. 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. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Consultant. Consultant also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Consultant shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Consultant shall maintain records
of each such verification, and shall make them available to the City or its representatives for
inspection and copy at any time during normal business hours. The City shall not be responsible
for any costs or expenses related to Consultant’s compliance with the requirements provided for
in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-
subcontractors and Subconsultants. To the same extent and under the same conditions as
Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and
subconsultants performing any work relating to the Project or this Agreement to make the same
verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer
of Consultant, and understands that any of the following shall be grounds for the City to
terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants,
sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with
such requirements (including in those verifications provided to the Consultant under Section
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3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in
compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Consultant
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Consultant represents
that it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. 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. Consultant shall also comply with all relevant provisions of
City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. To the extent applicable, Consultant must
fully comply with all applicable laws, rules and regulations in furnishing or using equipment
and/or providing services, including, but not limited to, emissions limits and permitting
requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or
California Air Resources Board (CARB). Although the SCAQMD and CARB limits and
requirements are more broad, Consultant shall specifically be aware of their application to
"portable equipment", which definition is considered by SCAQMD and CARB to include any
item of equipment with a fuel-powered engine. Consultant shall indemnify City against any
fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Consultant, its
subconsultants, or others for whom Consultant is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Consultant’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency, the State Water Resources
Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances
regulating discharges of storm water; and any and all regulations, policies, or permits issued
pursuant to any such authority regulating the discharge of pollutants, as that term is used in the
Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
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(B) Liability for Non-compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and
against any and all fines, penalties, claims or other regulatory requirements imposed as a result
of Consultant’s non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
this Section. Consultant further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Consultant with a list of training programs that
meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence
Services under this Agreement until it has provided evidence satisfactory to the City that 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 provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
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(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used including, but not limited to, form CG 2503, either the general
aggregate limit shall apply separately to this Agreement/location or the general aggregate limit
shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident
for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is
cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
insurance company or companies. In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced, the City
has the right but not the duty to obtain the insurance it deems necessary and any premium paid
by the City will be promptly reimbursed by Consultant or the City may withhold amounts
sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or
terminate this Agreement.
3.2.11.3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or
endorsements providing the exact same coverage, the City of Azusa, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work; and (2) using
ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage
shall be primary insurance as respects the City, its directors, officials, officers, employees, agents
and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that
such coverage shall also apply on a primary and noncontributory basis for the benefit of the City,
before the City’s own primary insurance or self-insurance shall be called upon to protect it as a
named insured. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall
not be called upon to contribute with it in any way. Notwithstanding the minimum limits set
forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified
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minimum limits of coverage shall be available to the parties required to be named as additional
insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Consultant’s insurance and shall not be called upon to contribute with it in any
way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available
insurance proceeds in excess of the specified minimum limits of coverage shall be available to
the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employers’ Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written
notice by certified mail, return receipt requested, has been given to the City; and (B) any failure
to comply with reporting or other provisions of the policies, including breaches of warranties,
shall not affect coverage provided to the City, its directors, officials, officers, employees, agents
and volunteers. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the City, its officials,
officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials,
officers, employees, agents, and volunteers, or any other additional insureds, 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, its officials, officers, employees, agents, and volunteers, or any other
additional insureds, and shall require similar written express waivers and insurance clauses from
each of its subconsultants.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any
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deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.11.6 Subconsultant Insurance Requirements. Consultant shall
not allow any subconsultants to commence work on any subcontract relating to the work under
the Agreement until they have provided evidence satisfactory to the City that they have secured
all insurance required under this Section. If requested by Consultant, the City may approve
different scopes or minimum limits of insurance for particular subconsultants. The Consultant
and the City shall be named as additional insureds on all subconsultants’ policies of Commercial
General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11.9 Reporting of Claims. Consultant shall report to the City, in
addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in
connection with the Services under this Agreement.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
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3.2.13 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation
shall not exceed Forty-One Thousand Six Hundred Seventy-Two Dollars and Zero Cents
($41,672.00) without written approval of the City Manager. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, “Extra Work” means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of
prevailing wage rates and the performance of other requirements on “public works” and
“maintenance” projects. 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 $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
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Services available to interested parties upon request, and shall post copies at the Consultant’s
principal place of business and at the project site. Consultant shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Consultant of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 Ownership of Materials and Confidentiality.
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement
creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense
any and all copyrights, designs, and other intellectual property embodied in plans, specifications,
studies, drawings, estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and
remain the property of City, and shall not be used in whole or in substantial part by Consultant
on other projects without the City's express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement,
Consultant shall provide to City reproducible copies of all Documents & Data, in a form and
amount required by City. City reserves the right to select the method of document reproduction
and to establish where the reproduction will be accomplished. The reproduction expense shall be
borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of
compensation to which the Consultant is entitled under the termination provisions of this
Agreement, Consultant shall provide all Documents & Data to City upon payment of the
undisputed amount. Consultant shall have no right to retain or fail to provide to City any such
documents pending resolution of the dispute. In addition, Consultant shall retain copies of all
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Documents & Data on file for a minimum of fifteen (15) years following completion of the
Project, and shall make copies available to City upon the payment of actual reasonable
duplication costs. Before destroying the Documents & Data following this retention period,
Consultant shall make a reasonable effort to notify City and provide City with the opportunity to
obtain the documents.
3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subcontractors, or those provided to Consultant by the
City.
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another
project, provided that any such use not within the purposes intended by this Agreement or on a
project other than this Project without employing the services of Consultant shall be at City’s
sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it
shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its
directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, for any alleged infringement of any patent,
copyright, trade secret, trade name, trademark, or any other proprietary right of any person or
entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
3.5.5 Confidentiality. All Documents & Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential by
Consultant. All Documents & Data shall not, without the prior written consent of City, be used
or reproduced by Consultant for any purposes other than the performance of the Services.
Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any
person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or
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the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6 General Provisions.
3.6.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
LAE Associates, Inc.
Contact: Fred Alamolhoda, P.E., President
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: Daniel Bobadilla, P.E., Director of Public Works/City Engineer
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold the City, its directors, 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
alleged acts, errors or omissions 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 consequential
damages, expert witness fees and attorneys fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant.
3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with
legal counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims,
actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or
instituted against City or its directors, officials, officers, employees, volunteers and agents.
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Consultant shall pay and satisfy any judgment, award or decree that may be rendered against
City or its directors, officials, officers, employees, volunteers and agents as party of any such
claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any
settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as
part of any such claim, suit, action or other proceeding. Such reimbursement shall include
payment for City’s attorneys’ fees and costs, including expert witness fees. Consultant shall
reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or
termination of this Agreement and shall not be restricted to insurance proceeds, if any, received
by the City, its directors, officials officers, employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Consultant. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit
against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.6.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
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subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.6.9 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.6.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.6.13 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. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. 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 member, 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.
3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.15 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney’s fees and all other costs of such action.
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and
LAE Associates Inc. – Construction Managemet, Project Management, and Inspection Services
Page 16 of 20
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
[SIGNATURES ON NEXT PAGE]
LAE Associates Inc. – Construction Managemet, Project Management, and Inspection Services
Page 17 of 20
CITY OF AZUSA LAE Associates, Inc.
By: By:
Don Penman
Interim City Manager
Name:
Attest:
Title:
Jeffrey L. Cornejo
City Clerk
Approved as to Form:
Best Best & Krieger LLP
City Attorney
A-1
EXHIBIT “A”
SCOPE OF SERVICES
See attached Proposal.
1 | Page
Contact Information:
650 North Rose Drive, # 182
Placentia, CA 92870
Tel: 714.993.2840
Info@LAEassociates.com
Proposal to Provide
Construction Management, Project Management, and
Inspection Services
Foothill Boulevard and Palm Drive Traffic Signal Project
Project No. STPL - 5112 (018)
- City of Azusa -
September 5, 2017
Mr. Daniel Bobadilla, P.E.
Director of Public Works / City Engineer
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
SUBJECT: PROPOSAL TO PROVIDE CONSTRUCTION MANAGEMENT, PROJECT
MANAGEMENT, AND INSPECTION SERVICES FOR THE FOOTHILL
BOULEVARD AND PALM DRIVE TRAFFIC SIGNAL PROJECT
Dear Mr. Bobadilla:
LAE Associates, Inc. (LAE) is pleased to have the opportunity to submit this proposal to provide
the City of Azusa (City) with Construction Management, Project Management, and Inspection
Services for the subject project. Throughout this letter and our proposal, we express our sincere
interest in working closely with the City, our extensive experience, as well as our understanding
of the City’s needs from this partnership.
Our exceptional work ethic and professional relationships have allowed us to be a key player in
the Southern California arena, providing services to many public agencies and organizations. We
constantly work and interact with public agencies who have very similar and comparable projects
as the City does, enabling us to reinforce our knowledge and expertise to the City. Having a
consistent positive track record with government agencies on City, County, State, and Federal
levels makes us efficient and effective in performing our duties.
We understand that this project is a federally funded project. LAE has worked on a number of
projects dealing with federal, state, and local funds. With team members having worked for
various Cities, Counties, Caltrans, and other public agencies as Construction Managers,
Inspectors, and Federal Fund Managers/Contract Administrators, LAE presents itself as having a
firm grasp of the intricacies and details associated with the nature of the project.
Once again, thank you for providing LAE with an avenue to be of service to the City of Azusa.
Please feel free to contact me with any inquiries regarding this proposal at 714-993-2840 or
FredA@LAEassociates.com.
Sincerely,
Fred Alamolhoda, P.E.
President
Table of Contents
Executive Summary ....................................................................................................................................... 1
Description of the Approach to the Scope of Services ................................................................................. 1
Brief Description and History of the Firm’s Experience ............................................................................. 11
Description of the Team Asigned to Handle the Scope of Services ........................................................... 14
Not-to-Exceed Cost Proposal ...................................................................................................................... 16
Resumes ...................................................................................................................................................... 17
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Executive Summary
LAE Associates, Inc. (LAE) is a provider of
professional engineering services to public agencies
all across Southern California, with an objective of
bettering the communities we live in and ensuring the
satisfaction of our clients. In 2007, LAE was founded
on the premise of enhancing the processes,
outcomes, and nature of municipal projects. LAE is a
Small Business Enterprise (SBE) firm and being a
California corporation, LAE's clients include California
cities, counties, and other public agencies.
Our firm specializes in Construction, Program, and
Project Management services for public agencies. In
addition, LAE's services include: Inspection, City
Services, Staff Augmentation, Capital Project
Planning, Transportation Funding Strategies, full
spectrum of Caltrans Local Assistance Services
Training and Consulting to individual Cities, Counties,
Councils of Governments, and other Public Agencies.
The City of Azusa (City) has issued a RFP for Construction Management, Project
Management, and Inspection Services to obtain a qualified consultant to ensure the
needs of this Capital Improvement Program (CIP) project are met. The project is to install
a new Traffic Signal on Foothill Boulevard at Palm Drive, near Azusa Pacific University
(APU) West Campus. The LAE team is a group of highly experienced personnel who have
in-depth knowledge of public works projects, from conception to completion.
a. Description of the Approach to the Scope of Services
Our approach to managing infrastructure projects like the Foothill Boulevard and Palm
Drive Traffic Signal Project is to take a results-oriented view. To meet and surpass the
City’s needs and desires, the LAE team has thoroughly reviewed the contract documents
and field reviewed the project site. Prior to the start of construction, LAE will have a
detailed comprehension of the Plans, Specifications, and field condition. The project
schedule will also be followed with the budget in mind, while preserving safety. To have
everyone on the same page, clear and prompt communication will be held by LAE, the
City, and stakeholders of the project. The CM team will be continuously accessible via
phone, text, and email during construction of the project, actively communicating and
updating members involved in the project.
Company Profile:
Organization
California Corporation
Small Business Enterprise
Location
Placentia, CA
Insurance Coverage
General Liability
Professional Liability
Worker’s Compensation
Automotive
P a g e | 2
Since the project will utilize federal and local funds, the project shall comply with the
following project planning, programming, and funding requirements/efforts:
Clearance from federal debarment
Disadvantaged Business Enterprises (DBE)
Submitting construction award package to Caltrans
Buy America
Caltrans Approved Quality Assurance Program (QAP) and testing requirements
Contract documentation and Weekly Statement of Working Days Reporting
Bid Quantity, progress payment, and documentation for risk based Caltrans (CT)
invoicing
Prevailing wages, labor compliance, workers’ interviews, payroll reviews
LAPM’s Contract Change Order (CCO) and CCO memo
LAPM’s construction, and other federal guidelines
LAPM’s final risk based invoicing, and closure package
CT and FHWA’s review process
The LAE team has reviewed the Project Plans and Specifications, visited the project site,
and has taken notes on the project’s needs.
The project plans consist of two (2) sheets of drawings. They include a Signing & Striping
Installation Plan as well as a Traffic Signal Installation Plan. The contract documents
reflect a bid item list consisting of six (6) bid items. The highlights of the project consist of
a traffic signal, signage / striping, one curb ramp and replacement of concrete sidewalk.
Project details and challenges consist of the following:
Minimizing inconvenience to the APU students/staff, and general public during
construction.
Access to APU, residences, and businesses during construction.
Overall construction activities are confined between the hours of:
o 7:00 A.M. and 5:00 P.M., Monday through Friday, excluding legal holidays
and weekends.
Overall construction noise.
Traffic Management Plan and lane closures.
A $238,651 project, funded by Federal and Local funds.
A hundred-ten (110) working days (22 weeks) contract .
Considering sixteen (16) weeks for long lead signal poles and equipment
procurement / delivery, this is approximately a six (6) week construction project.
Parking is not allowed on either side of Foothill Blvd. within the project limit (red
curb on the south side).
The engineer’s estimate for the project was $260,000 as stated in the City’s RFP. On
August 31, 2017, the City opened bids for the project. A total of six (6) bids were received
for the project, ranging from $238,651 to $294,850. According to the bid results posted
on the City’s website, Belco Elecnor Group (Belco) of Chino was the apparent low bidder.
Belco’s bid was $238,651. Based on an informal discussion with City of Chino staff, Belco
P a g e | 3
satisfactorily completed a traffic signal modification project for the Riverside Drive at
Central Ave. Project in October 2016 for the City of Chino.
LAE’s Construction Management team and the project’s scope of work will be managed
by the CM, who will be in contact with the City, Contractor, and other involved parties.
The Construction Observer will observe construction activities and interview workers for
Labor Compliance. The Construction Observer, in coordination with the Contractor, will
schedule the geotechnical work. Submittals, implementation of the “Watchbook,” and the
project schedule will be reviewed. Award packages, CT’s progress invoice, and final
invoice / closure package will be prepared for submission to the City.
Scope of Work
This section will consist of three parts:
Pre-Construction
Construction Phase
Post-Construction
Pre-Construction
On August 31, 2017, the bids for the project were opened. The contract documents
require a 3% DBE goal for the project. All contractors should have submitted their DBE
Exhibit 15-G with their bids. Otherwise, the apparent low bidder, the 2nd low bidder, and
the 3rd low bidder must submit their DBE Exhibits 15-G and 15-H by 4:00 p.m. September
11, 2017 (4th business day after the bid opening considering that City Hall is closed on
Fridays and Monday, September 4th being a legal City holiday). As the selected
consultant, LAE will review the apparent low bidder’s proposal for compliance,
debarment, DBE compliance, sub-contracting, and licensing requirements, and provide
recommendations to the City. The lowest responsive contractor’s references will be
checked, and recommendations will be given to the City for the construction contract
award. Upon contract award by the City Council, the City will approve the contractor’s
bonds, and the insurance submittals and the contract between the contractor and City will
be executed. Subsequently, LAE will request a kick-off meeting with the City’s Project
Manager to introduce LAE’s team, meet other project team members, discuss
plans/specifications, discuss CM, Field Observation, Labor Compliance, Material testing,
and review the City’s process. After the kick-off meeting, in consultation with the City, the
Pre-Construction meeting will be scheduled. W e will then send out a Pre-Construction
Conference notice to schedule a meeting with the City representatives from various
departments, Project Design Engineers, contractor, sub-contractors, utility companies,
LAE team, and other stakeholders.
LAE will prepare the Pre-Construction meeting agenda for the City’s review. The
following items and all federal requirements will be reviewed at the Pre-Construction
meeting:
P a g e | 4
Plans and Specifications
Submittals and the approval process
Federal Requirement, such as Buy America, DBE, and Quality Assurance Program
(QAP)
Geotechnical Materials Testing Services
Materials acceptance and approval process; Independent Assurance (IA) testing
and process
Impacted Utilities
Coordination with the City Departments, and other impacted
agencies
(APU) residents, and others affected by the project
Public Notices
Construction Schedule
Traffic Control
Encroachment Permit(s)
Agreed communications with the project team
Labor Compliance Administration (Interviews, Payroll Reviews,
etc.)
Weekly Statement of Working Day Reports
Contract Change Order (CCO) and Request for Information
(RFIs) processes
Contract time
Progress meetings during construction
Construction Observation process
Final project walkthrough
Punch list items
Preparation of as-built drawings
Project acceptance
Other details
At the pre-construction meeting, we will schedule a Field Pre-Construction Meeting
including the necessary individuals to walk the project, discuss field conditions, and
review the contractor’s removals.
As the Construction Management, Project Management, and Inspection Services
provider, LAE will ensure that the construction duties of this project are conducted in line
with the City's contract documents, Standard Specifications for Public Works Construction
(Green Book) with all supplements, any variation from or exception to the standards,
Caltrans Standard Plans and Specifications, Caltrans LAPM, the City's QAP, and other
City and industry standards.
Construction Award Package: LAE will prepare the required Construction Award
Package in accordance with the Caltrans Local Assistance Procedures Manual (LAPM).
P a g e | 5
LAE will be organizing, tracking, filing, and managing all hardcopy/electronic
correspondences such as Request for Information (RFIs) submittals, reports, O&M
manuals, progress payments, change orders, among other filings. We will launch
methods for reviewing and processing requests for better understanding of the contract
documents, shop drawings, contract schedule adjustments, change order requests,
substitutions of tasks, payment requests, and the maintenance of field logs. This will
ensure proper submittals and time-cautious efforts. The contractor’s submittal log will
have all significant submittals noted. LAE will assist the City in notifying the public of areas
in which they may experience impact and/or delays.
We will review the contractor’s submittals (shop drawing, mixed designs, Certificates of
Compliance) and identify the submittals requiring the review by the design engineer. We
will actively work with the contractor to ensure submittals are submitted and approved
prior to construction activities as much as practically possible.
The CM will go over contract documents and drawings to answer questions asked by the
contractor. The CM will first attempt to answer questions from the plans, associated
documents, specifications, and applicable codes and standards. The next manner of
answering questions will be for the CM to communicate with the design engineer and ask
for the design engineer's clarification.
A submittal log will be kept to process required submittals before and during the project
work as follows:
Traffic Control Plans or review of Watch Manual Implementation Documentation
Project Baseline Schedule
Contractor’s Emergency Contact List
Dig Alert ticket(s)
Public Notification Letter
Material Haul Route(s)
Mix designs
Certificates of compliance for materials
Certified Payrolls
Solid Waste Management and Recycling Plan
Contractor’s Safety Meeting and other documentations
Project files will be maintained, which will include but are not limited to:
Notice to Proceed
Correspondences
Meeting minutes
Submittals
Reproductions of original contract documents, including addenda
Weekly Statement of Working Day Reports
Change orders supporting documentation
Permit documentation
P a g e | 6
Clarifications for the contract documents
Materials delivery tickets and compliance certification
Weekly and monthly progress reports
Labor Compliance interviews/certified payroll records, and review comments
Disadvantaged Business Enterprise (DBE) documentation
Construction daily reports
Progress photos
Lab and field test reports
Survey Monument Preservation Documentation
Progress payments supporting documentation
Other project documentation
Project closure
Organization of files will abide by LAPM guidelines. As mentioned in Chapter 16 of the
LAPM, a Project Record Filing System for a Locally Administered Federal-Aid Project like
this one will include:
Project Personnel
Correspondence
Weekly Record of Working Days
Materials Data
Certificate of Proficiency
Inspectors’ Daily Reports
Contract Item Pay Quantity Documents
Contract Change Orders
Extra Work Reports
Progress Pay Estimates and Status of Funds
Labor Compliance and EEO Records
Contractor’s Payrolls
Final Report
Materials Certificate
DBE Records
Construction Phase
Review Traffic Control Plan: If a traffic control plan is required LAE will review
contractor’s traffic control plan and discuss them with the City Project Manager and
LAE’s Construction Observer. The final plan will be approved by the City based
on LAE’s comments and recommendations. LAE’s Construction Observer will also
review the plans in advance and enforce the traffic control plan and safety
requirements in and around construction zone. Detours, shutdowns, and
emergency vehicle access will be checked by the Construction Observer. If a traffic
control plan is not required, we will enforce the requirements of the 2016
watchbook.
Meetings: Have as-needed team meetings with the Contractor, City Project
Manager, and other key members to go over the project, project schedule,
P a g e | 7
projected tasks, approval of submittals, forecasted issues, project scheduling,
among other things. Meeting agendas and list of attendees will be created and
provided to participants. Meeting minutes will be prepared. Noteworthy project
issues will be brought to attention and handled accordingly.
Schedule: LAE’s CM will ensure that the Project Schedule is updated by the
Contractor to represent up-to-date construction conditions and reflect the
decisions made.
Labor Compliance
o Ensure the prime contractor and
sub-contractors attend the pre-
construction meetings, submit
Certified Payrolls and other related
documents. Review the labor
compliance administration and
interview process with Contractor
and sub-contractors.
o Interview
contractor/subcontractor(s) workers
as required
o Ensure proper posting of the
appropriate Federal and State Wage
Determinations and Federal Labor
Compliance posters on the project
site.
o Review the Certified Payroll records,
fringe benefit statements/other
documents, interview forms, daily
logs, and compare for accuracy.
Prepare reports of any deficiencies.
o Request Contractor to turn in back
up documents for the contractor,
subcontractors, second tier
subcontractors, and unlisted
subcontractors (contracts less than
$10,000) working on the project.
Change Orders: Contract Change Orders (CCOs) may be requested by the City,
Contractor, CM, or design engineer. When a proposed change is requested, the
CM will determine the need for the change, check for conformance to standards,
consider other remedies, method of compensation, impact on contract time,
estimate of cost, and the likelihood of final approval.
Figure 8: Labor Compliance Posters placed
on Job Site
P a g e | 8
If the CM finds the proposed change is reasonable, a proposed change order file
will be established. Documents prepared by the CM regarding the Change Order
will be given to the Contractor for pricing. At the same time, an Independent Cost
Estimate (ICE) and time impact will be prepared by the CM as required by LAPM.
The CM will review the Contractor’s CCO proposal/estimate and compare it to the
ICE. Based on the review, the CM will provide a recommendation to the City. If
negotiation is authorized, the CM will perform the negotiations with the Contractor
and prepare the CCO per the City’s format and LAPM guidelines for execution.
If a unit cost is not set prior to the work being conducted, the Construction Observer
will collect Time & Material (T&M) tickets at the end of each day. All documentation
regarding change orders will be kept, including dates of Contractor notification,
interim steps, recommendations by the CM, and the final decision.
Construction Observation: The LAE team will observe the construction activities,
attend field meetings, coordinate and ensure the required Geo technical Services
are conducted as required. It will be ensured that the LAE Construction Observer:
o Attend all meetings
o Confirm compliance with Americans with Disabilities Act (ADA)
requirements and contract guidelines
o Coordinate and schedule sampling and testing of construction materials
(concrete)
o Retain delivery tickets
o Record construction changes to use for the preparation of the record
drawings
o Report to City violations to any applicable regulations by Contractor and
sub-contractors
o Have a copy of the contract documents and construction-related
documents at the construction site
o Interview contractor and sub-contractors’ workers for Labor Compliance
o Take and maintain project site/construction activity photos
o Communicate with utility companies and other agencies
o Prepare Daily Inspection Reports, on City or Caltrans format, which will
consist of:
Contractors working hours on the jobsite.
Contractor and sub-contractor personnel and equipment on the
jobsite.
Weather conditions and impact on the progress of the work.
Tasks or instructions given to the contractor.
Daily use of the contractor and sub-contractor equipment.
Observations relevant to the work progress, including deficiencies
or violations of contract by the contractor.
P a g e | 9
Delivery of materials to the project site.
Observed or foreseen delays and reasons as to why, and what
contractor will do as a response.
Claims, additions, removals pertaining to contract items.
Visitors who come to the job site with interest in the project.
Work activities
Construction progress
Quantities measurements
Photographs.
Material Testing: LAE has Geo-Advantec Inc. (GAI) of San Dimas to be a part of
our team.
o GAI offers a full complement of geotechnical engineering, material testing,
inspection, and geology services from their Caltrans Certified Laboratories,
conducted by their Caltrans Certified technicians.
o They will review the City’s QAP, Plans, and Specifications to recommend
the required Acceptance Testing and testing frequencies.
Public Relations: Assist the City in upholding a good
relationship with the APU representatives, and the
general public. The CM team will promptly attempt to
alleviate problems and inform the City’s Project
Manager as soon as possible.
Having good public relations with the general public is
important to any type of project. Construction work is
adjacent to APU, private residences, schools,
businesses, and other entities. LAE aims to reduce
any disturbance caused by construction. The
Construction Observer will be addressing concerns
from the public and will work with the Contractor to
manage potential concerns brought up by the APU
representatives public, residents, businesses, and
property owners.
To assist with the public relations efforts of this
contract, we will:
o Maintain a log of all phone calls received.
o Listen to community concerns and adhere to
them.
o Work with the Contractor for timely resolution
of issues.
Figure 10: Sample of signs to be placed
along project limits
P a g e | 10
o Pass out fliers, as needed and approved by the City, about noise, access,
and construction duration.
o Communicate with emergency services regarding any events that may raise
emergency calls from the public.
o Provide information to the City to place on their website.
Progress Payments: Process contractor payment requests and provide City with
appropriate backup documentation for work completed in the subject period in
accordance with the LAPM guidelines.
Federal Funds Reimbursement Invoicing: LAE will prepare CT progress
invoices (Risk Based Invoicing) for the reimbursement of the federal funds from
CT in accordance with the LAPM guidelines.
Site Safety: Ensure the contractor's safety program for compliance with
Cal/OSHA, contract documents, traffic control/staging plan, and/or WATCHBOOK.
“As-Built” Drawings: The Construction Observer will have a copy of the plans on
the site with all up-to-date changes. Upon completion of construction, LAE will
have an “As-Built” verification, and provide a copy of the “As-Built” plans to the City
and involved parties. Drafting of the “As-Built” plans will be performed by others.
Post-Construction Services
Contract closeout services will include passing on of the project to the City and
demobilization of the Contractor and CM team.
Final Walkthrough: Upon completion of the project, we will schedule a final
walkthrough of the project with all involved parties. LAE, along with the City’s Project
Manager, and other parties involved in the project, will walk the project and perform
inspections of the work to determine if any work is incomplete. If any work is deemed
incomplete, a punch list will be prepared and given to the Contractor and City.
Construction Observations will be conducted again to confirm incomplete work has
been in fact completed. It will be ensured that all submittals, DBE documentation, and
certified payroll submittals are received, and all comments are addressed, and as-built
drawings are delivered. When construction is completed, we will ensure all City
concerns are met prior to providing the final acceptance recommendation.
Project Completion Report: Upon completion of the punch list items and acceptance
of the project by the City staff and impacted utilities, we will provide the following
documents to the City:
o Final redline “As-built” drawings.
P a g e | 11
o All original CCOs, Daily Reports, and Project correspondence.
o All original Geotechnical reports.
o All original certified payrolls/other related documents, and interview forms.
o Final DBE documentation.
o Prepare a Notice of Completion report per City guidelines and format.
All of the above described documents, reports, plans, and specifications will be
organized in accordance with the LAPM and City requirements. They will be boxed
and will be submitted to the City as permanent City records.
Final CT Invoice and Closure Package: LAE will prepare Final CT invoice (Risk
Based Invoicing) and closure package for submission to CT in accordance with the
LAPM guidelines.
b. Brief Description and History of the Firm’s Experience Performing the
Requested Scope of Services
LAE has a demonstrated history of providing Consultant Services for CM, Construction
Engineering/Field Inspection, Labor Compliance, and Material Testing, having worked
very closely with public agencies. We are the on-call consultant for many of our clients,
assisting them in times of urgency as well as year-round on a variety of Public Works
projects.
We are very familiar with the entire project process, from pre-construction to post-
construction, and how to obtain desirable results for the City. We have been able to
streamline this process for our clients with a series of established methods and rapport
developed with the participating agencies.
LAE has been providing relevant project services to public agencies, services that are
quite similar to those in which the City is seeking through this RFP. The services have
consisted of the following, which will be described in greater detail throughout this
proposal.
Pre-Construction Services
Construction Phase Services
Post-Construction Services
The following are relevant examples of how LAE is qualified and ready to handle the
needs and expectations of the City. As illustrated below, LAE has provided assistance to
public agencies with the delivery of various public works projects:
P a g e | 12
Edison Avenue Traffic Signal Upgrade Project
Client: City of Chino
Project Description: Upgrade existing traffic signals and install
protected left-turn phasing, and related improvements at the
intersections of Edison Ave. at Romona Ave.; Edison Ave. at
Yorba Ave.; and Edison Ave. at Monte Vista Ave.; install SIC/FO
cable; install communications cable equipment.
Project Funding Type: Federal HSIP Funds
Contract Cost: $979,000
LAE’s Duties: Contract Administration – Project is in design
phase; as an on-call consultant to the city, LAE will assist the
city during the construction of the project.
Chino Avevue Traffic Signal Project
Client: City of Chino
Project Description: Remove protected-permissive left turn
phase and install protected left turn phasing.
Project Funding Source: Federal HSIP Funds
Contract Cost: $149,500
LAE’s Duties: Contract Administration during Design and
Construction
Wilmington Avenue Safe Streets Pedestrian/Bicycle
Improvement project
Client: City of Compton
Project Description: Development of safer pedestrian
crossings and intersections, as well as installing bicycle lanes;
removal and replacement of failed asphalt concrete areas,
installation of (ARHM), AC Base Course, installation of ADA
compliant curb ramps, curb, gutter, sidewalk, cross gutter
improvements, traffic signal modifications, new pedestrian signal
modifications, and other associated work.
Project Funding Type: State Active Transportation Program
(ATP) and Metro proposition CFunds
Contract Cost: $1,219,750
LAE’s Duties: Construction Management, Inspection, and
Geo-Technical Services, and Fund Management.
P a g e | 13
Crown Valley Parkway Pavement Rehabilitation Project
Client: City of Laguna Niguel
Project Description: Rehabilitate the existing roadway by
grinding and paving and/or full depth repairs. Additionally, the
Project will include roadway striping, traffic loop replacement and
construction of ADA compliant ramps and bus pads.
Project Funding Type: Arterial Pavement Management and
Earmark Repurping Funds and other local Funds
Contract Cost: $1,600,000.00
LAE’s Duties: Construction Management Geo-Technical
Services, and Fund Management.
Central Ave. at San Bernardino St. Traffic Signal Project
Client: City of Montclair
Project Description: Installation of electrical conduit
systems for traffic signals; installation of new traffic
signal poles, hardware, and electrical components.
Construction of new PCC pedestrian ramps and
installing pavement markings.
Project Funding Type: Federal HSIP Funds
Contract Cost: $209,429.03
LAE’s Duties: Contract Administration during Design
and Construction
Cherry Ave. at 20th Street Traffic Signal Project
Client: City of Signal Hill
Project Description: Work consisted of potholing, trenching,
boring, saw cutting, pouring concrete, installing
a new traffic signal with pedestrian heads and mounting
signals, placing controller cabinet, and setting forms for
foundation.
Project Funding Type: Federal HSIP Funds
Contract Cost: $278,459
LAE’s Duties: Construction Management and Geo
Technical Services, and Fund Management.
P a g e | 14
c. Description of the Team Assigned to Handle the Scope of Services
Shown below is a Project Organization Chart representing the team members in which
LAE has carefully selected to work with the City.
Figure 4: Project Organization Chart
Most likely, Independent Assurance (IA) material testing will not be required for the
project. If Caltrans requires IA, it will be provided by Willdan Geotechnical (a Caltrans
Certified Laboratory with Caltrans Certified Technicians).
Mr. Fred Alamolhoda, P.E.
Principal-In-Charge
Mrs.Fawne Yamashiro, P.E.
Construction Management
Daniel Bobadilla, P.E.
Director of Public Works /
City Engineer
City of Azusa
Ken Manera
James Peter
Fred Agah
Construction Observation
Mr. Shawn Ariannia, P.E., G.E
Geo-Technical Services
Geo-Advantec Inc.
P a g e | 15
Construction Management, Project Management, and Inspection Team’s Snapshot
Key Personnel, Role, Education,
Years of Experience Experience Summary
Fawne Yamashiro, P.E.
Construction Manager, LAE
Education: B.S. Civil Engineering
Years of Experience: 15 years
Mrs. Yamashiro will be assigned as the Construction Manager for
the Project. With over 15 years of experience in Municipal
Engineering, and having worked for Caltrans, County of Orange as
well as private firms, she possesses the required knowledge and
experience for this project. To be current with the latest in
construction management, she regularly attends seminars,
workshops, and refresher courses. Mr. Yamashiro’s Construction
Management experience comes from being a consultant for many
Cities, as well as performing Construction Management duties
while being an employee She is committed and will be readily
accessible for project needs and inquiries.
Ken Manera
Construction Observer, LAE
Education: Courses in Construction
Management from San Bernardino
Valley College and Cal Poly Pomona
Years of Experience: 40 years
Mr. Ken Manera will be the lead Public Works Construction
Observer for this project and will ensure proper construction
inspection. He is an experienced Public Works Construction
Observer, having worked for the public sector and the private
sector. His thorough, unique, and practical experience in
developing traffic signals, asphalt concrete and concrete pavement,
curbs, gutters, raised medians, safer pedestrian and bicycle
crossings, intersections, striping, sidewalks, installation of Class II
bike lanes, signals, and lighting will be beneficial to the City, LAE,
and the overall quality of construction.
James Peters
Construction Observer, LAE
Education: Associate’s Degree from
Riverside City College and multiple
certifications.
Years of Experience: 47 years
Over forty-seven (47) years of local experience performing public
works construction inspection, materials testing and construction
management. Experience includes coordinating multiple
underground utilities, geotechnical testing, and surveying.
Coordinated work for small and large cities, Caltrans bridge and
highway projects, and electrical and lighting retrofit projects on
military bases. Experience on projects involving federal, state and
local funding, and familiar with grant program requirements and the
Caltrans Local Assistance Program. Experience with Public works
projects consisting of multiple contractors, complex traffic control,
community relations with property owners, residents, businesses,
and public agencies, daily inspection and reports for all construction
activities, attending all job-related and project meetings, and
reviewing contract quantities for pay requests and change orders.
P a g e | 16
Table 3: Personnel on LAE Team
Resumes
LAE's key personnel resumes are attached at the end of this proposal.
d. Not-to-Exceed Cost Proposal
LAE’s not-to-exceed fee to provide the services outlined in this proposal is estimated to
be $43,172 based on the following resources:
Classifications Hourly
Rate
Pre-
Const.
Construction
Phase
Post-
Const.
Total
Hours Amount
Project Principal $150 10 10 10 30 $4,500
Construction Manager $115 24 60 24 108 $12,420
Construction Observer $108 12 120 12 144 $15,552
Compliance Analyst $75 4 8 8 20 $1,500
Geotechnical Services * - $1,000 $2,000 $500 - $3,500
Traffic Engineer $140 8 18 4 30 $4,200
Total Fee $41,672
This fee proposal includes labor, materials, reprographics, meetings, and presentations. * (AT and Optional IA Tasks)
Fred Agah, P.E., QSD/QSP
Resident Const. Observer, LAE
Education: B.S. Civil Engineering
Years of Experience: 34 years
Mr. Fred Agah brings over thirty (34) years of Transportation and
Construction Engineering experience, having worked for the
California Department of Transportation (Caltrans) and Consulting
Firms. He has worked as a Construction Resident Engineer,
Construction Observer, and Traffic/Transportation Engineer.
Experiences include field inspection, managing construction and
transportation projects, storm-water management of State
construction projects, and other public works projects. He has
QSP/QSD Certification, and is recognized as being a multi-tasker
and a team member who meets and exceeds expectations.
Shawn Ariannia, Ph.D., P.E., G.E.
Geotechnical Engineer
Education: Ph.D. Geotechnical
Engineering, M.S. Civil Engineering, B.S.
Civil Engineering
Years of Experience: 30 years
Geotechnical Sub-Consultant
Mr. Shawn Ariannia of GAI will be assigned as the Geotechnical
Engineer for the project. Mr. Ariannia and his geotechnical team
bring on unique knowledge, expertise, and recent experience in the
areas of Geotechnical Engineering, Pavement Engineering (Cold
Central Plant Recycling, Full Depth Reclamation, ARHM Paving
and processes, etc.), and Laboratory Testing of Soil. He was
President of ASCE Inland Empire Geotechnical Committee, is a
registered Geotechnical Engineer, and Professional Civil Engineer.
P a g e | 17
Fawne Yamashiro, P.E.
Construction Manager
EDUCATION: Bachelor of Science, Civil Engineering, California State University of
Long Beach,1998
PROFESSIONAL DATA: California Professional Civil Engineer – License No. 66056
KEY QUALIFICATIONS: Over 18 years of progressively varied experience including
working for Caltrans on bridge construction projects, highway and bridge design and local
assistance for local agencies. Her experience also includes technical, analytical and
design work for the County of Orange ranging from structural and hydraulic calculations
to utility relocations and permitting. The experience also includes providing Resident
Engineering Services as a Consultant for variety of Orange County Transportation
Authority (OCTA) Projects. This varied office and field engineering experience makes
Fawne a valued team member that has the flexibility and experience to work on multiple
aspects of any project.
PRIOR RELEVANT EXPERIENCE:
Rail PMC, Irvine, CA. Resident Engineer - OCTA
Resident engineer/inspector on an OCTA lighting project at a Metrolink train station. This
project entailed extensive coordination with City of San Clemente, Metrolink, Amtrak,
OCTA and contractor. The contractor’s construction site was closely monitored because
of the high profile area adjacent to the beach and train tracks.
Rail PMC, Irvine, CA. Resident Engineer - OCTA
Managed an OCTA detectable tile replacement project at three Metrolink train stations.
Coordination with multiple cities, multiple railroad companies, OCTA and contractor were
key to the successful completion of this project. With construction occurring at the edge
of the train station platforms, safety was the main concern for the workers, pedestrians,
and trains.
SR 57 Widening CM Service, Brea, CA. Office Engineer - OCTA
Closed out a Caltrans project on Route 57 widening in Brea. Project files were brought
up to date and finalized for the completion of the project. Documents, including CCOs,
punch list, final acceptance, and final estimate were completed at the end of the project.
The project consisted of widening of the Northbound SR 57 freeway and included
roadway, structures, utilities, traffic control, SWPPP monitoring and other construction
oversight responsibilities. Value $25M
P a g e | 18
County of Orange, Santa Ana, CA. Civil Engineer.
Managed numerous concurrent projects, which were completed with internal staff and
multiple consultant staff. Performed structural and hydraulic calculations for the design of
flood control channels. Prepared plans, specifications, engineering estimates and
construction documents for public advertisement and bid. Provided technical support for
all County flood control infrastructure. Communicated with local agencies and private
companies to obtain necessary agreements, permits, and/or licenses required for the
construction of projects. Involved with right-of-way acquisitions with Southern California
Edison and UP Rail, utility relocations of Midway City water line, Verizon Phone and Time
Warner Cable that ran adjacent to the existing channel and conflicted with the widening
of the channel and obtaining regulatory permits for the design and construction of flood
control projects. In addition, was a Member of the Flood Control Design Manual
Committee to research and incorporate updated design criteria and County’s design
policies. Monitored project schedules of numerous projects to assure the timely delivery
of project plans and specifications.
Caltrans Structures Design, Transportation Engineer
Performed hand calculations and computer simulations for bridge, reinforced concrete
box, soil nail, and tie-back wall designs. Supervised drafters in the preparation of project
plans. Provided quantity take-offs for projects using engineering, drafting and computer
oriented processes. Prepared planning studies by investigating proposed structure
location, span lengths, vertical clearance requirements and staging issues. Made
recommendations at the preliminary design phase and presented preliminary design to
headquarters’ staff for suggestions and comments. For large utilities in the construction
area that required relocation such as Southern California Edison or Southern California
Gas Company, it was suggested that the utilities be relocated before the beginning of the
construction project to avoid delays.
Caltrans Local Assistance, Transportation Engineer
Performed engineering analysis, project management and provided procedural guidance
to local agencies that develop federal-aid projects. Reviewed project plans, specifications
and estimates to ensure compliance with AASHTO standards. Assisted local agencies to
determine the program that would be appropriate for the scope of the project to meet
federal regulations for funding. In addition, provided oversight to local agencies in project
development, construction engineering and labor compliance. Monitored project
schedules to assist in timely delivery.
P a g e | 19
Caltrans District Design, San Diego, CA. Transportation Engineer
Designed crib-walls and retaining walls for freeway widening project. Developed project
plan sheets, detail sheets, quantity sheets and cross sections using engineering and
computer drafting programs. Estimated the item quantities and cost estimates for
construction of the walls. Communicated with other functional groups within the
Department to finalize project plans. Utilities that were affected by the new design of the
wall were marked on the preliminary plans to be relocated during construction.
Caltrans Structures Design, Sacramento, CA. Transportation Engineer
Completed a two-month design course focused on post-tensioned reinforced concrete
bridges. Rotated through a design group to assist with the delivery of multiple bridge
projects. Performed independent reviews of the design and material quantities for an
approach slab rehabilitation project. Developed a preliminary design of a “tie-back”
retaining wall. Designed a concrete box girder bridge which included substructure and
superstructure design.
Caltrans Structures Construction, San Dimas, CA. Transportation Engineer
Performed engineering inspections and enforced compliance with plans and
specifications on bridge projects. Checked submittals, falsework, shoring, concrete mixes
and prestressing calculations. Verified elevations, grades and alignments of bridge
foundations and superstructures using construction surveying. Prepared correspondence
involved with the construction of the bridge. Generated contour maps and profiles to use
as references during the construction project. Determined monthly pay quantities
throughout the progress of the project.
P a g e | 20
Ken Manera
Construction Observer
EDUCATION: The education background include Military experience and college work consists
of completion of eighty-six (86) units of drafting technology curriculum at San Bernardino Valley
College, night courses in construction technology and methods of inspection at Cal Poly Pomona.
PROFESSIONAL DATA: Nuclear Gage Operation Certification, Troxler Electronic Laboratories,
Inc.; State of California General Engineering Contractors License-A; Public Works Construction
Inspection Course Completion Letter, California State University, Los Angeles Office of
Continuing Education; Hazardous Substance Removal and Remedial Action State Certification;
Home Improvement State Certification; San Bernardino County Storm Water Program
Certification; Construction of Quality Hot Mix Asphalt Pavement Certification; San Jacinto Storm
Water Program Certification; Level 1 N.P.D.E.S. Workshop Storm Water Best Management
Practices Certification; Supplement “A” to the Riverside County DAMP Certification, presented by
AEI-CASC’s Storm Water Management Team; Field Testing Technician Grade I Certification,
American Concrete Institute; Infrastructure Inspector CPII Certification, APWA; Airport Pavement
Workshop: Design, Construction and Maintenance, Asphalt Institute Professional Development
KEY QUALIFICATIONS: Over forty-five (45) years of experience working for small contract
service and full service Cities, San Bernardino County as well as private consultants. The
experiences include construction observation, field and office engineering of new water, sewer
(gravity and force mains), laterals, storm drain facilities, new street improvements and existing
roadways (curbs, gutters, curb ramps, driveway approaches, sub-base/base materials, Full Depth
Reclamation (FDR), grind/overlay, ARHM, PCC pavement, pavement fabric, signage, striping,
variety of sewer lines, facilities, laterals, waterline, storm drain, parks, airports, commercial and
residential land development, irrigation and landscaping, underground facility installations
projects. Extensive experience in ensuring compliance with contract documents, state laws, local
ordinances, NPDES standards, and proper construction practices.
RELEVANT EXPERIENCE:
Specific Sewer, Water, Storm Drain, Other Underground Facility Projects
o Inspected the required $11 million infrastructure work associated with construction of tract
homes. The projects consisted of the construction of street improvements, curbs, gutters,
asphalt paving, variety of sewer lines/facilities, Flood Control channel, storm drain, and
other improvements, Fontana.
o Wet and dry construction, excavation and the placement of various size sewer and water
mains, Ontario.
o Inspected all improvements associated with construction of all new heating and air
conditioning systems for the Los Angeles International Airport (LAX) terminal buildings.
The project consisted of a variety of structure, concrete, plumbing, mechanical and
electrical facilities, Los Angeles (LAX).
P a g e | 21
o Inspection of commercial and residential developments as well as a variety of water,
sewer, streets, and other utilities’ capital improvement projects, County of San Bernardino.
LAE Associates, Inc.: Construction Observer
Lead Public Works Construction Observer for a recently completed $1.2 million Safe Streets
Pedestrian/Bicycle Improvement Project in the City of Compton. This project aims to improve
pedestrian and bicycle safety for the communities adjacent to the project area by developing safer
pedestrian crossings and intersections, as well as installing bicycle lanes to improve bicycle
visibility and safety, thereby reducing collisions. His last project was a $1.6 million Pavement
Rehabilitation Project. The highlights of the project included Cold Central Plant Recycling, Full
Depth Reclamation (FDR), Variable Depth PCC Pavement Cold Mill, Installation of Pavement
Fabric, Cold Milling AC Pavement, Concrete Pavement Crack Sealing, AC Leveling Course,
Asphalt Rubber Hot Mix (ARHM), curb ramps, curb & gutters, sidewalks, driveway approaches,
as well as signage and striping.
CALTROP Engineering Corp.: Public Works Inspector
Inspected the construction of a $5 million Ball Park improvements which included three baseball
enclosures, tots play area, canopy picnic areas, sound wall, and the placement of a pre-fabricated
structure having restrooms and snack bar within. In conjunction with the Parks Department’s
Inspector, the inspection included the parking lot, sewer pipelines, other sewer facilities, laterals,
water connections, sidewalks, catch basins, grading, paving, concrete placement, street light
foundations parking stalls, and striping.
City of Ontario: Senior Public Works Inspector
As a Public Works Construction Inspector, reviewed and applied the general requirements of the
construction plans, and contract specifications to State, Federally or locally funded projects.
Inspection included, but not limited to the following: wet and dry construction, excavation and the
placement of various size sewer and water mains, street construction, (new or rehabilitated
paving), concrete construction (curbs/gutters/sidewalks/catch basins/junction structures and
reinforced concrete boxes), earthwork (roadbed preparation, trench excavation and backfilling),
electrical (streetlights and signal installation), and soils testing with the nuclear gage as needed.
Worked in conjunction with the City of Los Angeles’ Airports Inspector in the construction of the
infrastructure for Ontario International Airport.
San Bernardino Co. Public Work Agency: Public Works Inspector
Performed construction inspection to ensure that the public works projects were being constructed
in accordance with the plans and specifications. Duties included inspection of the construction
activities within the County right-of-way, which consisted of inspection of commercial and
residential developments as well as a variety of county capital projects (water, sewer, streets,
other utilities).
P a g e | 22
James Peters
Senior Construction Observer
EDUCATION: Educational background includes an Associate’s Degree from Riverside City
College and multiple certifications.
PROFESSIONAL DATA: American Construction Inspectors Association (ACIA), Registration No.
5104; Air Quality Management District (AQMD), Fugitive Dust Control; Certified Inspector of
Sediment and Erosion Control (CISEC #0779); Qualified SWPPP Practitioner (QSP #20637).
KEY QUALIFICATIONS: Over forty-seven (47) years of local experience performing public works
construction inspection, materials testing and construction management. Experience includes
coordinating multiple underground utilities, geotechnical testing, and surveying. Coordinated
work for small and large cities, Caltrans bridge and highway projects, and electrical and lighting
retrofit projects on military bases. Experience on projects involving federal, state and local
funding, and familiar with grant program requirements and the Caltrans Local Assistance
Program. Provided outstanding service for public works projects consisting of multiple contractors,
complex traffic control, and community relations with property owners, residents, businesses, and
public agencies. Services provided include daily inspection and reports for all construction
activities, attendance to all job-related and project meetings, and review of contract quantities for
pay requests and change orders.
ACIA Construction Inspector Registration encompasses the following comprehensive skills:
Contract administration, inspection of engineered works and inspection of all related trades or
materials of construction, such as irrigation, drainage, water, power, water supply, flood control,
inland waterways, reclamation works, railroads, highways, streets, roads, tunnels, airports,
sewers, sewage treatment plants, waste reduction plants, bridges, overpasses, underpasses,
pipelines for liquid or gaseous substances, parks, playgrounds, recreational facilities, industrial
plants requiring specialized construction knowledge and skills, powerhouses, utility plants and
installation, land leveling earth moving, excavating, grading, trenching, paving, surface work,
concrete and engineered buildings, structures and appurtenant duties.
RELEVANT EXPERIENCE:
Specific Sewer, Water, Storm Drain, and Other Facility Project Experience
o Inspection of sewer, water, storm drains, and street improvement construction projects,
working with Ms. Naghmeh Imani, Chino
o Washington Drive Detention Basin, La Quinta
o Legacy Villas Storm Drain Improvements, La Quinta
o Daily Project PM-10 and NPDES Inspections, La Quinta
o Cove Improvement District-Sewer, Street, Storm Drain and Water Line Project, Cathedral
City
o 35th Ave. Neighborhood Sewer & Street Assessment District Project, Cathedral City
o Cathedral City Civic Center Drive North Sewer and Street Project, Cathedral City
o Griffin Ranch Tract Improvements by Lennar
P a g e | 23
City of La Quinta: Public Works Inspector
Provide inspection services on various projects within the City of La Quinta. Responsibilities
include coordination with city staff, contractors, subcontractors, and other vendors; administration
and documentation of the construction projects in accordance with Green Book, City, County, and
Caltrans requirements; quality assurance and quality control oversight for construction; review of
contractor’s traffic control; and job-site safety compliance. Duties also include responding to and
working with citizens regarding questions or complaints regarding construction projects.
Capital Improvement Program (CIP) Projects include:
o Fred Waring Drive Median Island Landscape Improvements
o Calle Tampico Parkway Landscaping Project
o City Wide Yearly Slurry Projects
o Washington Street at Avenue, 48 Intersection Improvements
o Eisenhower Drive and Calle Sinaloa Modern Roundabout
o Calle Sinaloa and Avenue, 52 Sidewalk Improvement Project
o Washington Street and Highway, 111 Intersection Improvements
o La Quinta Health and Wellness Center
o Phase 2 ADA Improvements
o La Quinta Sports Lighting Soccer and Baseball Fields
o Pavement Management (Cold In-Place Recycling) and ADA Improvements
o Private Development Projects throughout the City of La Quinta Trilogy
o Coral Mountain Apartments
o Griffin Ranch Club House by Lennar
o Andalusia Club House
o Signature at PGA West
o Darby Estates by GHA
o Madison Club Landscaping
o Private Driveway Permit Inspections
Corona Transit Facility, Riverside Transit Agency: Public Works Inspector
Construction Inspector for an eight-bus bay transit station with a pedestrian plaza. The plaza
provides amenities for commuters waiting for buses, and allows them to readily transfer to
buses or the Metrolink train with comfort, ease and safety. The project extends to an existing
pedestrian bridge which provides access between the RTA transit station with the Metrolink
train platforms. The project scope included parking, restrooms, weather shelters, signage,
seating, trash/cigarette receptacles, drinking fountains, newspaper racks, security systems,
lighting, bicycle ranks, landscaping, etc.
City of Cathedral City: Public Works Inspector
o Public Works Construction Inspection for City of Cathedral City Engineering Department
o East Palm Canyon Bridge Widening Improvements and Traffic Signal Installation at the
West Cathedral Canyon Channel
o Date Palm Drive Caltrans I-10 Interim Interchange Widening Improvements
o Date Palm Drive Railroad Bridge Widening at Vista Chino
o Perez Road Street, Federally-Funded Rehabilitation Project
o Cathedral City 17-Acre Dennis Keat Soccer Park
o Dream Homes Neighborhood Sewer and Street Assessment District Project
o East Palm Canyon Drive Bridge Widening Project at Date Palm Drive
o East Palm Canyon Drive Pavement Rehabilitation Project
P a g e | 24
Fred Agah, P.E.
Resident Inspector
EDUCATION: B.S. Civil Engineering, 1981 California State University, Fresno.
PROFESSIONAL DATA: California Professional Civil Engineer - License No. 56386
QSD/QSP - License No. 22561
KEY QUALIFICATIONS: Over thirty-four (34) years of Transportation and Construction
Engineering experience working for California Department of Transportation (Caltrans)
and Consulting Firms. Experiences include field inspection, managing construction and
transportation projects, storm-water management of State construction projects,
geometric designs for freeway widenings and ramp improvements, initiation of Traffic
Operation projects to improve traffic flow and increase safety, interacting with Cities,
Counties, Consultants, Contractors, Utility Companies, Regional Water Boards, General
Public and other Federal/State Agencies including Federal Highway Administration
(FHWA) and Environmental Protection Agency (EPA).
PRIOR RELEVANT EXPERIENCE:
Construction Resident Engineer
Routinely planned, scheduled, and attended pre-construction, kick-off, close-out, and
contract acceptance meetings. Reviewed Plans, Specifications and Estimate (PS&E)
packages and inspected project sites to assure contractor’s adherence to project
requirements.
Prepare and review Daily Inspection Reports. Prepare Weekly Statement of Working Day
Reports. Prepare and process documents regarding Contract Change Orders (CCOs),
Item Adjustments and Interest Payments. Estimate quantities and cost of materials,
equipment, and labor for Monthly Progress Payments. Interview Consultants, Contractors
and Subcontractors personnel to assure labor compliance. Maintain, complete, and turn-
over project files upon contract completion.
Construction Storm Water Inspector
Routinely reviewed Storm water pollution prevention plans (SWPPPs) and Water
Pollution Control Plans (WPCPs) reports and documents to comment and/or approve
submitted reports. Scheduled and conducted field inspections along with Resident
Engineers and Contractors personnel to grade projects, and prepared reports to ensure
compliance with SWPPP/WPCP regulations.
P a g e | 25
Traffic Engineer
Prepared Safety Analysis and Speed Survey Reports. Prepared Sign and Pavement
Delineation Plans. Reviewed Advance Planning, Negative Declarations reports and
Permit document for recommendations and/or approval. Prepared PS&E packages for
Traffic Operations projects. Prepared plans for Project Area and Detour Signage, and
Placement of Changeable Message Board Signs. Conducted traffic volume counts and
compile traffic accident data to improve road safety and overall operational efficiency.
Transportation Engineer
Prepared Geometric Designs for freeway and ramp widenings. Prepared Asphalt
Concrete (AC) and Portland Cement Concrete (PCC) designs for conventional highway
rehabilitation projects. Prepared Geotechnical Reports for State Freeway projects.
Performed Soils Consolidation and Compressibility lab testing.
B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
The Scope of Services shall be completed in accordance with the timeline provided in the
attached Proposal.
C-1
EXHIBIT “C”
COMPENSATION
The total compensation shall not exceed Forty-One Thousand Six Hundred Seventy-Two Dollars
and Zero Cents ($41,672.00) without written approval of the City Manager.