HomeMy WebLinkAboutF-23 Staff Report - Residential Resurfacing Project 2021 AwardCONSENT ITEM
F-23
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: JUNE 21, 2021
SUBJECT: AWARD A CONTRACT FOR THE RESIDENTIAL RESURFACING 2021 PROJECT
No. 66121A
BACKGROUND:
On April 05, 2021 the City Council authorized staff to solicit a Notice of Inviting Bids for the
Residential Resurfacing 2021 Project. Sealed bids were received on May 20, 2021. The proposed actions
will award the contract to All American Asphalt.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1)Award a contract in the amount of $987,056.95, which includes a 10% contingency for potential
change orders as needed, to All American Asphalt; and
2)Award a contract in the amount of $45,631.00 to Willdan for Construction Management and
Inspection Services; and
3)Authorize the City Manager to execute contracts, in a form acceptable to the City Attorney, on
behalf of the City.
ANALYSIS:
The proposed project will rehabilitate the pavement on various residential roads, which is approximately
2.2 miles in length. The rehabilitation method consists of a 3/8 inch asphalt rubber aggregate membrane,
and type II slurry seal with 2.5% latex. Additional improvements include: base repairs, skin patches,
crack sealing, weed spraying, weed removal, re-striping of traffic lanes, pavement marking, and legends,
reconstruction of sidewalk, curb & gutter, and curb ramps.
APPROVED
CITY COUNCIL
6/21/2021
Residential Resurfacing 2021 Project No. 66121A
June 21, 2021
Pg. 2
Sealed bids were received and opened on May 20, 2021. The results are as follows:
No. Company Location Total Bid
1 All American Asphalt Corona, CA $897,324.50
2 Onyx Paving Anaheim, CA $913,000.00
3 Toro Enterprises Oxnard, CA $949,858.00
The Construction Management and Inspection Services proposals results are as follows:
No. Company Location Total Bid
1 Willdan Industry, CA $45,631.00
2 KOA Monterey Park, CA $60,200.00
3 NV5 Irvine, CA $62,700.00
The lowest, responsive bid was submitted by All American Asphalt, who has been in business in
Southern California for over 50 years. All American Asphalt is a material production, and construction
company. The lowest Construction Management and Inspection Services proposal was submitted by
Willdan, which is one of the City’s on-call engineering firms.
ENVIRONMENTAL CLEARA NCE:
This action is categorically exempt from the requirements of the California Environmentally Quality Act
(CEQA) pursuant to Section 15301(c) Existing highways, streets, sidewalks, and gutters.
FISCAL IMPACT:
The recommended actions will award the contract to All American Asphalt in the amount of
$897,324.50 and further authorize Staff to amend the contract by 10% for potential change orders for a
total not-to-exceed contract amount of $987,056.95. Also, the recommended actions will award a
contract for Construction Management and Inspection Services to Willdan in the amount of $45,631.00
and authorize Staff to amend the contract by 10% for potential change orders for a total not-to-exceed
contract amount of $50,194.00. The cost of this project will be funded through the Senate Bill 1(SB1)
Funds and Utility Mitigation Funds. Upon Council approval, staff will prepare a budget amendment and
increase the total project budget from $820,000 to $1,037,251 ($987,056.95+$50,194). $820,000 was
included in the FY2021 approved budget for this project under account under 05-80-000-000/66121A-
7120, and staff will prepare a budget amendment in the amount of $217,251 using Utility Mitigation
funds (Staff will assign the project number following council approval) to cover remaining balance.
Prepared by: Reviewed and Approved by:
Phillip Flores Miguel Cabanas, P.E.
Engineering Assistant I Principal Engineer
Reviewed and Approved: Fiscal Impact Reviewed by:
Robert Delgadillo, P.E. Talika M. Johnson
Director of Public Works/City Engineer Director of Administrative Services
Residential Resurfacing 2021 Project No. 66121A
June 21, 2021
Pg. 3
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachments:
1) Contract with All American Asphalt
2) Willdan Professional Services Agreement
3) Proof of Project Advertisement
4) Willdan Proposal for Construction Management and Inspection Services
CONTRACT
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CONTRACT
THIS CONTRACT is made this _____ day of __________, 2021, in the County of Los
Angeles, State of California, by and between the City of Azusa, hereinafter called City, and All
American Asphalt, hereinafter called Contractor. The City and the Contractor for the
considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time
stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services,
and transportation to complete all of the Work required in strict compliance with the Contract
Documents as specified in Article 5 below for the following Project:
RESIDENTIAL RESURFACING 2021 PROJECT No. 66121A
The Contractor and its surety shall be liable to the City for any damages arising as a result of the
Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated
in the City’s Notice to Proceed. The Contractor is advised that the City has an aggressive
schedule for this project. The Contractor shall complete all Work required by the Contract
Documents within 30 working days from the commencement date stated in the Notice to
Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is
adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation
for the performance of the Contract, subject to any additions or deductions as provided in the
Contract Documents, and including all applicable taxes and costs, the sum of
Eight Hundred Ninety-Seven Thousand Three Hundred Twenty-Four Dollars and Fifty Cents
($897,324.50). Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section
53069.85, it is agreed that the Contractor will pay the City the sum of $300 for each and every
calendar day of delay beyond the time prescribed in the Contract Documents for finishing the
Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the
Contractor agrees the City may deduct that amount from any money due or that may become due
the Contractor under the Contract. This Article does not exclude recovery of other damages
specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents”
include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Attachment 1
CONTRACT
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Non-Collusion Affidavit form
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. This Contract shall
supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law
required to be included in these Contract Documents shall be deemed to be included in these
Contract Documents. The Contractor shall comply with all requirements of the California Labor
Code applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in
the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate
of wages in accordance with the Labor Code which such rates shall be made available at Azusa
City Hall or may be obtained online at http//www.dir.ca.gov/dlsr and which must be posted at the
job site.
ARTICLE 9. DECLARATION OF POLITICAL CONTRIBUTIONS. Consultant shall,
throughout the term of this Agreement, submit to City an annual statement in writing declaring
any political contributions of money, in-kind services, or loan made to any member of the city
council within the previous twelve-month period by the Consultant and all of Consultant's
employees, including any employee(s) that Consultant intends to assign to perform the Services
described in this Agreement.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named
parties, on the day and year above written.
CONTRACT
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All American Asphalt
___________________________________
Contractor
___________________________________
Name And Title
___________________________________
Signature Of Contractor
License No. _________________________
City Of Azusa
________________________________
Robert Gonzalez
Mayor
________________________________
Sergio Gonzalez, City Manager
________________________________
Jeffrey Lawrence Cornejo Jr.
City Clerk
Approved As To Form:
________________________________
Best Best & Krieger Llp
City Attorney
PERFORMANCE BOND
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Azusa (hereinafter referred to as “City”) has awarded to All
American Asphalt, (hereinafter referred to as the “Contractor”) an agreement for
RESIDENTIAL RESURFACING 2021 PROJECT No. 66121A.
(hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project (hereinafter referred to as “Contract Documents”), the terms
and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _________________________________________, the undersigned
Contractor and _____________________________________________ as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of California, are
held and firmly bound unto the City in the sum of Eight Hundred Ninety-Seven Thousand Three
Hundred Twenty-Four Dollars and Fifty Cents ($897,324.50), said sum being not less than one
hundred percent (100%) of the total amount of the Contract, for which amount well and truly to
be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of
all materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney’s
fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor
remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations
PERFORMANCE BOND
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under the Contract, law or equity, including, but not limited to, California Code of Civil
Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The
term “balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the CITY, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of
the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract Documents
or to the Project.
[Remainder of Page Left Intentionally Blank.]
PERFORMANCE BOND
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 2021.
_________________________________________
CONTRACTOR/PRINCIPAL
_________________________________________
Name
By_______________________________________
SURETY:
By: ______________________________________
Attorney-In-Fact
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of
process in California, if different ___________________________________________
from above)
___________________________________________
(Telephone number of Surety and ___________________________________________
Agent or Representative for service
of process in California
PERFORMANCE BOND
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STATE OF CALIFORNIA
COUNTY OF
On before me, (here insert
name and title of the officer), personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________
(Seal)
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must
be attached hereto.
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Azusa (hereinafter designated as the “City”), by action taken or a
resolution passed May 18, 2020 has awarded to All American Asphalt hereinafter designated as
the “Principal,” a contract for the work described as follows: RESIDENTIAL RESURFACING
2021 PROJECT No. 66121A
(the “Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Eight Hundred Ninety-Seven Thousand Three Hundred Twenty-Four Dollars and Fifty Cents ($897,324.50) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 2021 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor)
By
(Signature of Contractor)
(Seal of Surety)
Surety
By
Attorney in Fact
(Attached Attorney-In-Fact
Certificate and Required
Acknowledgements)
*Note: Appropriate Notarial Acknowledgments of Execution by Contractor and
+surety and a power of Attorney MUST BE ATTACHED.
8513273_1
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1.PARTIES AND DATE.
This Agreement is made and entered into this 21th day of June, 2021 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 Willdan with its principal place of business at 13191 Crossroads Parkway North, Suite 405,
Industry, CA 91746 (“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 providing CONSTRUCTION
MANAGEMENT AND IINSPECTION SERVICES 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 such services for the RESIDENTIAL
RESURFACING 2021 PROJECT NO. 66121A 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 Inspection 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 July 01, 2021 to
December 31, 2021, 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.
Attachment 2
Willdan
Page 2 of 17
8513273_1
3.2 Responsibilities of Consultant.
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: Chris Baca, RCI, CESSWI.
3.2.5 City’s Representative. The City hereby designates Robert Delgadillo,
P.E., or his or her designee, to act as its representative for the 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.
Willdan
Page 3 of 17
8513273_1
3.2.6 Consultant’s Representative. Consultant hereby designates Chris Baca,
RCI, CESSWI, or his/her 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.
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
Willdan
Page 4 of 17
8513273_1
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
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in
compliance with such requirements.
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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.
(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
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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.
(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
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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 Professional Liability. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability. Defense costs shall be paid in addition to limits.
3.2.11.4 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
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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(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.
3.2.11.5 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.
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3.2.11.6 Deductibles and Self-Insurance Retentions. Any
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.
3.2.11.7 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.
3.2.11.8 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.
3.2.11.9 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
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measures.
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-Five Thousand Six Hundred Thirty-One Dollars ($45,631) without
written approval of the City Council. 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
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rates of per diem wages for each craft, classification or type of worker needed to execute the
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
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documents pending resolution of the dispute. In addition, Consultant shall retain copies of all
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
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City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or
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:
Willdan
13191 Crossroads Parkway North, Suite 405
Industry, CA 91746
Attn: Chris Baca, RCI, CESSWI
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: Robert Delgadillo, 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,
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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.
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
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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
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.
Willdan
Page 16 of 17
8513273_1
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and
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]
Willdan
Page 17 of 17
8513273_1
CITY OF AZUSA WILLDAN
By: By:
Mayor
Name:
Attest:
Title:
City Clerk
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
Approved as to Form:
Best Best & Krieger LLP By:
Name:
City Attorney
Title:
A-1
8513273_1
EXHIBIT “A”
SCOPE OF SERVICES
See Attached Proposal
B-1
8513273_1
EXHIBIT “B”
SCHEDULE OF SERVICES
See Attached Proposal
C-1
8513273_1
EXHIBIT “C”
COMPENSATION
See Attached Proposal
Advertising Order Confirmation 8:16:52AM04/15/21
Page 1
Ad Order Number Customer
0011455970 CITY OF AZUSA/CITY CLERK
Payor Customer PO Number
CITY OF AZUSA/CITY CLERK
Sales Representative Customer Account Payor Account Ordered By
Mikki Almeida 5007657 5007657 Annette Juarez
Order Taker Customer Address Payor Address Customer Fax
Mikki Almeida ATTN: RUBY
213 E. FOOTHILL BLVD
ATTN: RUBY
213 E. FOOTHILL BLVD
AZUSA, CA 91702 AZUSA, CA 91702
jhernandez@ci.azusa.ca.us626-812-5200626-812-5200Select Source
Customer EMailPayor PhoneCustomer PhoneOrder Source
Current Queue Invoice Text
Ready
Tear Sheets Affidavits Blind Box Materials Promo Type Special Pricing
0 0
Attachment 3
Advertising Order Confirmation 8:16:52AM04/15/21
Page 2
Ad Number Production NotesProduction MethodAd AttributesProduction ColorColorAd Size
AdBooker0011455970-01 4 X 161 Li
External Ad Number Ad TypePick Up Released for Publication
Legal Liner
Advertising Order Confirmation 8:16:52AM04/15/21
Page 3
Advertising Order Confirmation 8:16:52AM04/15/21
Page 4
Product Run Dates # InsertsRequested Placement Requested Position
SGV Newspapers:Full Run 04/19/21, 04/30/21Legals CLS NoticeForBids - 1076~2
Order Charges:Amount DuePayment AmountTotal AmountTax AmountNet Amount
1,952.00 0.00 1,952.00 0.00 $1,952.00
If this confirmation includes an advertising proof, please check your proof carefully for errors, spelling, and/or typos. Errors not marked on the returned proof are not subject to credit or refunds.
Please note: To meet our printer’s deadline, we must have your proof returned by the published deadline, and as indicated by your sales rep.
Please note: If you pay by bank card, your card statement will show the merchant as "SoCal Newspaper Group".
C:\Program Files\NEWSCYCLE Solutions\AdBase Services\AdbaseWebServices\e5cca1e5-1551-450f-b720-05aedeb62d62_SCNG Order Confirmation.rpt 600358:527 r.LP22-03/14/17 Database: SCNG_PROD
1. Cover Letter
May 6, 2021
Robert Delgadillo, P.E., Director of Public Works
City of Azusa
213 E Foothill Boulevard, Azusa, CA 91702
Subject: Revised - Proposal for Construction Management and Inspection Services for Residential
Resurfacing Project, Project No. 66121A
Dear Mr. Delgadillo:
Willdan Engineering (Willdan) is especially qualified to provide construction management and construction
inspection services for the City of Azusa’s Residential Resurfacing Project, Project No. 66121A. Our firm has 57
years of experience providing similar services to client cities and districts throughout California.
Our staff is exceptionally qualified and experienced in providing professional construction management and
construction inspection services for street improvement related projects. We are well suited to partner with
the City of Azusa to achieve a fast-track approach for the City’s capital improvement projects. The following are
just a number of advantages Willdan brings to the City:
Street Improvement Project Experience. Willdan has provided inspection on
many street improvements projects over the past 57 years, including slurry
seal, curb & gutter work, sidewalk reconstruction, ADA compliant curb ramps,
pavement delineation, and landscaping. Our project team has experience working
together on hundreds of public works and permitted projects throughout the region,
including projects similar to the scope requested by the City of Azusa.
Mr. Chris Baca has
supervised a wide variety
of construction
improvements involving
street widenings and
roadway resurfacing.
Staffing Resources. Our in-house staffing resource bench of licensed and
technical experts includes specialists in construction management and
construction inspection, street improvements, public outreach, labor compliance,
drainage and flood control, utility coordination, geotechnical engineering and
material testing/inspection, and construction staff augmentation. We have
assembled a team of professionals who are committed to providing the City with top-
quality service.
Willdan can provide all
the requested services for
the City of Azusa in-house
without the need for
subconsultants.
Large Company with Boutique Company Approach. We have the resources
of a large company but are staffed by individuals who respect our clients' unique
needs. Every Willdan employee – including those working at City offices – seeks to
understand each City's goals, policies, and practices based upon what is written in their
general plans and development codes and how those goals and policies have been
applied over time. This approach has contributed to Willdan’s success.
We have worked with
nearly 90% of California
cities and counties to
deliver 13,000+ projects,
serving over 3,400 clients.
Mr. Chris Baca, RCI, CESSWI, our proposed Project Manager, is authorized to bind the firm to this proposal, any
further proposed agreements, and will be the City’s main point of contact. He can be contacted at the following:
Chris Baca, RCI, CESSWI
13191 Crossroads Parkway North, Suite 405, Industry, CA 91746
(310) 502-6335 | (562) 695-2120 | cbaca@willdan.com
We are confident that our construction engineering services, coupled with our recent City of Azusa experience,
provide the best advantage for the City as you take on these important projects.
Respectfully submitted,
WILLDAN ENGINEERING
Chris Baca, RCI, CESSWI
Director of Construction Management and Inspection Services
910005/WW.00.50/P21-169R1_21899
Attachment 4
City of Azusa
Residential Resurfacing Project
Project No. 66121A
2
2. Willdan Qualifications
Project Team
Willdan offers the City of Azusa a highly qualified team
of professionals with the technical qualifications and
diverse capabilities necessary to undertake
construction management and public works
observation for the Residential Resurfacing Project
2021, Project No. 66121A. Brief biographies of our
project team, detailing their qualifications, are
provided herein. Resumes of our key team members
have been provided in the appendix of this proposal.
Comprehensive resumes will be provided upon
request. Willdan understands that key person nel
assigned on projects shall not be reassigned without
prior written approval from the City.
Name and Role Relevant Certifications Qualifications
Chris Baca, RCI, CESSWI
Project Manager
37 Years’ Experience
▪ BS, Public Administration,
California State University,
Fullerton
▪ California, Division IV, Public
Works, RCI No. 4161
▪ 37 years of experience in construction management of large-
scale projects, including street improvements.
▪ Experienced with slurry seals and street resurfacing in
residential neighborhoods
▪ Extensive public outreach experience on public works projects
Jason Brown
Construction Manager
29 Years’ Experience
▪ Construction Inspector,
California No. 5510
▪ Public Works Inspection,
Fullerton, Community College
▪ Serves as both a construction manager and supervising public
works observer. His duties include the inspection and
management of large-scale public works improvement
projects.
▪ Vast experience includes the construction administration and
inspection of subdivisions, traffic signals, storm drains,
sanitary sewers, ARHM overlay, conventional asphalt
overlays, slurry seals, and street beautification projects.
Jesus Villaseñor
Construction Inspector
30 Years’ Experience
▪ Confined Space Certified
▪ Fall Protection Certified
▪ CPR, AED, First Aid Certified
▪ Possesses over 30 years of grading inspection and
construction experience.
▪ English / Spanish Bilingual, with excellent written and
communication skills, and works well with contractors,
subcontractors and clients, focusing on teamwork and
cooperation throughout projects.
▪ Strong management and organizational skills and is adept at
managing day-to-day operations, multi-tasking, attending to
detail, identifying resources needed for a project, assigning
responsibilities, and foreseeing potential challenges to resolve
them in a timely manner.
Mohsen Rahimian, PE,
GE
Material Testing/
Geotechnical Engineering
25 Years’ Experience
▪ MS, Civil Engineering, Tehran
University, Tehran, Iran
▪ Civil Engineer, California, No.
C73396
▪ Geotechnical Engineer,
California, No. 3059
▪ Well-versed in all aspects of material testing and geotechnical
engineering for pavement resurfacing, maintenance, and
rehabilitation projects.
▪ Experienced in a wide variety of projects ranging from public
works, transportation projects, schools and colleges,
commercial, industrial, residential, to ports and harbors.
Willdan Team Advantages
▪Delivers the combination of experienced, hands-on
skills and perspective that ensures the City receives
high-quality service at reasonable and competitive
cost
▪Assures that, in hiring Willdan, clients benefit from
the expertise, experience, and professionalism needed
to deliver successfully constructed projects on time
and within budget
▪Offers high-caliber staff through training and annual
performance assessments
▪Makes safety a priority
City of Azusa
Residential Resurfacing Project
Project No. 66121A
3
Jason Brown
Construction Manager
Mr. Jason Brown serves as both a construction manager and supervising public works observer. His duties include
the inspection and management of large-scale public works improvement projects. Mr. Brown's experience includes
the construction administration and inspection of subdivisions, traffic signals, storm drains, sanitary sewers, ARHM
overlay, conventional asphalt overlays, and street beautification projects. He possesses experience with specially
funded projects, such as ISTEA and CDBG. Mr. Brown has served as a Permit Inspector for the Cities of Paramount,
Bell Gardens, and Rosemead. His previous experience includes concrete cutting and core drilling, landscape
construction and maintenance, concrete finishing, and masonry construction. Mr. Brown has been providing
inspection and management of many large CIP and land development projects. Mr. Brown possesses 29 years of
experience in construction management and inspection.
Education
▪ Public Works
Inspection, Fullerton
Community College
Certifications
▪ Construction
Inspector, California
No. 5510
29 Years’ Experience
Experience
Slurry Seal Program, City of La Puente, California. Construction Manager. Willdan
provided construction management and inspection for the City of La Puente’s annual
Slurry Seal Program on various streets.
Slurry Seal Project FY 2019, City of Rialto, California. Construction Manager. Willdan
provided construction management, public works inspection, and material testing
services for the project. The project includes: traffic control; implementation and
maintenance of Best Management Practices; installation of hot asphalt-rubber sealant
material in designated pavement cracks; installation of asphalt concrete in designated
pavement cracks; pavement repairs; construction of slurry seal; construction of traffic
striping and pavement markings; and all appurtenant work.
Slurry Seal Project FY 2017, City of Rialto, California. Construction Manager. Willdan
provided construction management, public works inspection, and material testing
services for the project. The project includes: include traffic control; implementation and
maintenance of Best Management Practices; installation of hot asphalt-rubber sealant
material in designated pavement cracks; installation of asphalt concrete in designated
pavement cracks; pavement repairs; construction of slurry seal (approximately
3,579,505 SF of street slurry and 3,435,505 SF of scrub seal); construction of traffic
striping and pavement markings; and all appurtenant work.
Resident Street Overlay and Slurry, City of Rancho Palos Verdes, California.
Construction Manager. Willdan provided project management, contract administration,
and construction observation services for the City’s Residential Street Overlay and Slurry
Seal Project. The improvements included asphalt concrete overlay, slurry seal Type 1,
concrete repairs, access ramps in compliance with ADA requirements, root control
barrier, and traffic striping.
Baseline Beautification Project, City of Highland, California. Construction Manager.
Willdan provided construction management, labor compliance, material testing,
construction inspection, and federal-aid fund administration for the City's $4.5 million
street improvement project. The project involved installing landscaped medians,
drainage, decorative streetlights, ADA-compliant ramps, brick pavers at two
intersections, decorative crosswalks, and traffic signals; cold milling asphalt;
reconstructing damaged curb and sidewalk, and other appurtenant work. The project
was federally funded and Willdan was responsible for maintaining the file pursuant to
Caltrans LAPM. Willdan completed this job within budget and on schedule.
City of Azusa
Residential Resurfacing Project
Project No. 66121A
4
Jesus Villaseñor
Construction Inspector
Mr. Jesus Villaseñor possesses over 30 years of grading inspection and construction experience. He has expertise in
project cost containment by adhering to tight budgets, thus maintaining or increasing profitability. He is English /
Spanish Bilingual, with excellent written and communication skills, and works well with contractors, subcontractors
and clients, focusing on teamwork and cooperation throughout projects. He has strong management and
organizational skills and is adept at managing day-to-day operations, multi-tasking, attending to detail, identifying
resources needed for a project, assigning responsibilities, and foreseeing potential challenges to resolve them in a
timely manner. He is diligent and efficient and works well under pressure. Mr. Villaseñor is computer literate,
including MS Office.
Mr. Villaseñor is proficient in geotechnical testing such as:
• Soils and Earthwork
• Compaction
• Asphalt Concrete Paving
• Reinforced/Precast/Prestressed Concrete
• Structural Steel Welding/Fabrication/Non-Destructive Testing
He provides detailed assistance in the administration of the projects, processing forms and documentation as
needed to meet requirements. Mr. Villaseñor monitors projects to confirm grading meets surveying requirements.
He reads plans and specifications to assure code compliance, and he ensures Best Management Practices are in
place.
Certifications
▪ Confined Space
Certified
▪ Fall Protection
Certified
▪ CPR, AED, First Aid
Certified
30 Years’ Experience
Experience
Street Improvements on Eastern Avenue, California. Public Works Observer. Willdan
provided project management, contract administration, construction observation,
utility coordination, funding administration, material testing, and labor compliance
services for the street improvements on Eastern Avenue from Bandini Boulevard to
Rickenbacker Road.
Miscellaneous Concrete Repairs, City of Downey, California. Public Works Observer.
Willdan provided public works inspection for the City's annual concrete repair project,
CIP 20-01. The project included construction and repair of miscellaneous concrete
improvements at various locations, including removal and reconstruction of PCC curb,
gutter, sidewalk, driveways, and ADA curb ramps; removal and reconstruction of AC
paveouts and driveway transitions; clearing, grading, excavation, and tree root
removals; backfilling, re-grading, restoration of parkways and areas disturbed by the
construction; reseeding and/or planting sod turf, and other appurtenant work.
Signing and Marking, City of Bell, California. Public Works Observer. Willdan provided
project management, contract administration, construction observation, engineering
support, utility coordination, and labor compliance for the signing, pavement marking
and curb marking rehabilitation project in the City of Bell.
Florence Avenue Improvements, City of Bell, California. Public Works Observer.
Willdan provided project management, contract administration, construction
observation, engineering support, utility coordination, and labor compliance for the
Florence Avenue project in the City of Bell. The project included construction of
median islands, entry monuments, bulb-outs, decorative concrete sidewalks, bus
shelter furnishings, and parkway trees.
City of Azusa
Residential Resurfacing Project
Project No. 66121A
5
Project Experience
Azusa Avenue Pavement Project, HPLUL 5112
(014)
City of Azusa
Willdan provided construction engineering services
for the City of Azusa’s downtown rehabilitation
project. The project included pavement rehabilitation
on Azusa Avenue from Fifth Street to Santa Fe
Avenue including cold milling, drainage
improvements, PCC crosswalks and bus pads, minor
concrete repairs, landscaping, weeding, and
irrigation, AC overlay, traffic detector loops,
thermoplastic striping, and other appurtenant work.
Willdan’s services included resident engineering,
public works inspection, federal invoicing, labor
compliance, and material testing services.
Similar Project Features to Azusa’s RFP:
▪ Base Repairs
▪ Concrete Repairs
▪ Signing and Striping
▪ Utility Adjustments
▪ Weed Abatement
Annual Street Resurfacing, FY 19/20
City of Westlake Village
Willdan provided construction management,
inspection services, material testing, and labor
compliance services for the City’s annual street
resurfacing project. This project included
miscellaneous minor concrete repairs, AC digouts,
skin patch, slurry seal, AC/ARHM overlay, pavement
delineation, and utility adjustments on Agoura Road
and Lindero Canyon Road.
Similar Project Features to Azusa’s RFP:
▪ Base Repairs
▪ Concrete Repairs
▪ Skin Patch
▪ Crack Sealing
▪ Slurry Seal
▪ Signing and Striping
▪ Utility Adjustments
Annual Slurry Seal Project
City of Rialto
Willdan provided construction management, public
works inspection, and materials testing services for
the City’s Annual Slurry Seal project. The project
included minor concrete, micro milling, application of
Type II slurry, pavement delineation, and other
appurtenant work.
Similar Project Features to Azusa’s RFP:
▪ Base Repairs
▪ Crack Sealing
▪ Concrete Repairs
▪ Slurry Seal
▪ Signing & Striping
Slurry Seal, Project No. 15-02
City of Palm Springs
Willdan provided construction management, public
works inspection, and materials testing services for
the City’s Annual Slurry Seal project. The project
involved the micromilling application of slurry seal,
traffic markings, and other appurtenant work.
Similar Project Features to Azusa’s RFP:
▪ Crack Sealing
▪ Curb Ramps
▪ Slurry Seal
▪ Signing and Striping
▪ Utility Adjustments
Elizabeth Reservoir Booster Pump Station and
New Well No. 29
City of South Gate
Willdan provided construction management services
for the Elizabeth Reservoir and Booster Pump Station
at the Well No. 28 site and the new Well No. 29 at the
Santa Fe Tank Site. The $10 million project included a
new 1.8-million-gallon reservoir, booster pump
station, seismic retrofit of an existing elevated tank,
drilling and equipping of a new well, 10,000 LF of
water distribution main, and pertinent site
improvements. After completion of the water main
installation, a cape seal and RAP slurry seal were
constructed on Ardmore Avenue and San Luis
Avenue.
Similar Project Features to Azusa’s RFP:
▪ Base Repairs
▪ Slurry Seal
▪ Cape Seal
▪ Signing and Striping
▪ Utility Adjustments
City of Azusa
Residential Resurfacing Project
Project No. 66121A
6
3. Methodology
Project Understanding
Willdan understands the City of Azusa requires the services of
a qualified construction engineering consultant to provide
construction management and inspection services for the
Residential Resurfacing Project 2021, Project No. 66121A.
The Project proposes various improvements to residential
streets within the City of Azusa.
The scope of work includes base repairs, skin patches, crack
sealing, cape seal, slurry seal (all streets), chip seal (cape
streets only), weed spraying, weed removal, restriping of
traffic lanes, pavement marking and legends, reconstruction
of sidewalk, curb and gutter, and curb ramps.
The City anticipates the project to begin in late May/early June 2021 with an expected project schedule of 30
working days.
PROPOSED STREETS – CITY OF AZUSA RESIDENTIAL RESURFACING PROJECT
CAPE SEAL STREETS SLURRY SEAL STREETS
Aspan Avenue Gladstone Street – Paramount
Street
Ghent Street Cul-De-Sac – Gaillard Street
Manson Street Arthur Avenue – Nobel Avenue Zamara Street Jerez Street – Parkside Street
Dixon Street Arthur Avenue – Elliot Avenue Mason Street Noble Avenue – Pasadena Avenue
Arthur Avenue Mason Street – Roland Street Jerez Street Zamara Street – Jackson Avenue
Sally Lee Avenue Renwick Road – Orkney Street Torreon Avenue Jerez Avenue – Parkside Avenue
Susanne Marie Court Sally Lee Avenue – Cul-De-Sac Grandview Drive Enid Avenue – Cul-De-Sac
Cindy Lou Court Sally Lee Avenue – Cul-De-Sac Grantland Drive Gladstone Street – Gaillard Street
Mary Court Sally Lee Avenue – Cul-De-Sac Enid Avenue Gladstone Street – Grandview Drive
Pasadena Avenue Mason Street – Manning Street
Mc Kindley Street Noble Avenue – Cerritos Avenue
Jackson Avenue Paramount Street – Parkside Street
Gladstone Street
(Frontage Road)
Galanto Avenue – Cul-De-Sac
Gaillard Street Cul-De-Sac – Fairvale Ave
Project Approach
Willdan provides expertise in all areas of construction management, inspection, labor compliance, and community
relations to residents and businesses affected by construction. Our experienced team members serve as
construction managers, resident engineers, and inspectors and provide significant insight for identifying and
correcting discrepancies, ambiguities, omissions, or conflicts in contract documents that could generate
misinterpretation and/or disagreements between the City and the contractor. Our goal is to anticipate or diminish
potential problems before they arise through continual review of project plans, specifications, contractor’s
schedule, and other contract documents.
City of Azusa
Residential Resurfacing Project
Project No. 66121A
7
Our team is adept at:
▪ Anticipating job site problems and dealing with issues in a professional,
straightforward fashion
▪ Review Project plans and provide independent review of the proposed
quantities and immediately bring discrepancies to the City’s attention
▪ Calling job site problems to the project manager’s and/or contractor’s
attention
▪ Offering constructive recommendations and achieving cooperation from
the contractor
▪ Addressing concerns of the public
Our approach to issue resolution is to:
▪ Obtain and document the facts surrounding the issue
▪ Develop reasonable solutions in conjunction with the contractor and City
project manager
▪ Respond quickly and effectively so that job progress and quality do not
suffer
Through close communication with the City’s project staff, timely corrective action is taken to alleviate potential
adverse impacts of work progress, costly change orders, and construction claims.
Goals
Willdan has had two primary objectives since our inception in 1964:
▪ Ensuring the success of our clients
▪ Enhancing their communities
Working steadily toward these goals we gained a notable reputation for project understanding, technical excellence, cost
effectiveness, and client responsiveness. It is these attributes that our construction management and inspection team
bring to each project. To these goals, we add individual project -oriented goals that include:
▪ Continuous communication with City staff, contractor, and design team
▪ Impeccable recordkeeping and reporting
▪ Rigorous budget control – minimizing change orders and applying value engineering where applicable
▪ Comprehensive schedule control – keeping the project moving while resolving design, contractor, or other project-
related challenges
Our ultimate goal is to surpass our clients' expectations and provide a completed project that benefits City staff, Council
members, business owners, and residents.
Regulatory Agency Compliance
Willdan is thoroughly familiar with regulatory agency permitting requirements and environmental, design, and
construction procedures and requirements for projects within Caltrans’s right-of-way. Although each project may
encompass different components and requirements, the general process remains the same – following the Caltrans Local
Assistance Procedures Manual (LAPM). Over 26 years ago, Willdan adopted Caltrans' Construction Manual as our in-house
standard and has incorporated Caltrans' prescribed standards and procedures into our everyday inspection routine. Our
inspectors possess strong familiarity and in-depth knowledge of:
▪ State of California (Caltrans) Design Manuals, Standard Plans, and Standard Specification s
▪ State of California (Caltrans) Manual of Uniform Traffic Control Devices (MUTCD)
▪ State of California (Caltrans) Local Assistance Procedures Manual
▪ Standard Specifications for Public Works Construction (Greenbook), BNi
▪ Standard Plans for Public Works Construction, BNi
Basic Principles to Project
Approach
City of Azusa
Residential Resurfacing Project
Project No. 66121A
8
4. Scope of Services
Construction Management
The Construction Manager will manage and
coordinate all aspects of the project including
delivering the project on time and within budget.
1. Assist City with public awareness and information
program to keep residents and local stakeholders
advised of project status along with impacts to traffic
flow circulation, including answering public’s
questions about project.
2. Prepare construction file. A copy of Willdan’s file
checklist can be provided upon request.
3. Prepare special concerns to be presented at
preconstruction conference.
4. Conduct preconstruction meeting, prepare meeting
minutes, and distribute to attendees.
5. Review contractor’s safety program in consultation
with City staff.
6. Through Willdan’s system of project control, monitor
activities related to project such that project is
constructed in timely fashion pursuant to contract
documents.
7. Closely review schedule and advise contractor to take
action on schedule slippage.
8. Monitor and coordinate activities of design
engineering support, surveying, testing, and work by
utilities or other agencies.
9. Prepare weekly statement of working days and
submit to contractor and City.
10. Establish, conduct, and prepare agendas and minutes
for weekly construction progress meetings.
11. Provide claims mitigation monitoring, including
proactively applying foresight to discover unforeseen
conflicts prior to contractor encounter.
12. Ensure that all questions, conflicts, and issues are
immediately brought to City’s attention and
addressed with appropriate directives to contractor.
13. Conduct special site meetings, when necessary, with
contractor and City staff.
14. Perform quantity, time, and cost analyses required for
negotiation of contract changes.
15. Negotiate and prepare change orders, including
memorandum of explanation and cost estimates to
substantiate change order, and send to City for
review.
16. Monitor materials documentation and testing results
and enforce corrections.
17. Review for approval contractor’s progress payment
requests; negotiate differences over amount with
contractor; and process payments through City's
Project Manager.
18. Routinely review construction files to ensure
conformance to City standards and good construction
management practices.
Construction Inspection
The Construction Inspector will act as a full-time
inspector (8 hours a day) for the life of the project.
1. Review plans, specifications, and all other contract-
and construction-related documents.
2. Conduct a field investigation of the project area to
become familiar with the existing facilities and the
project environment.
3. Become familiar with traffic control plans,
construction schedule, construction sequence, and
permit requirements from other agencies.
4. Verify that the contractor conforms to the design
survey line and grades.
5. Prior to beginning of construction, layout asphalt
removals and confirm removal quantities with the
City’s Project Manager.
6. Revise plans and provide Willdan’s CM with quantity
take-off to verity accuracy of project bid item
amounts.
7. Attend weekly progress meetings.
8. Provide full-time and as-needed construction
inspection, including night inspection, of the work to
monitor materials and methods for compliance with
plans, specifications, and contract documents.
9. Monitor compliance with Cal OSHA requirements and
compliance with all local, state, and federal
regulations. Although Willdan will monitor the
activities, it is the contractor’s sole responsibility to
provide workers with a safe working environment.
10. Monitor compliance with the Clean Water Act
(National Pollutant Discharge Elimination System –
NPDES best management practices) and SWPPP.
11. Meet with the contractor at the beginning of each day
and review the proposed work plan.
12. Conduct daily measurements of quantities of work
with the contractor.
13. Review actual contractor performance throughout
the day and discuss discrepancies with the contractor
as they occur.
14. Assist in coordination of engineering support,
surveying, specialty inspections, and fieldwork by
utility companies.
15. Coordinate with Contractor and utility companies to
assist in the identification of unknown utilities and
possible relocation of interfering structures or lines.
16. Ensure compliance of Underground Service Alert
notification/delineation.
17. Evaluate the contractor’s operation and production
with respect to quality and progress and report to the
construction manager.
City of Azusa
Residential Resurfacing Project
Project No. 66121A
9
18. Photograph continuous property frontages along the
street alignment once prior to construction and once
immediately following construction. Maintain a
photographic record of key elements of each major
operation of work each day, with increased detail in
situations of potential changes or claims.
19. Closely monitor testing results and require the
contractor to provide corrective measures to achieve
compliance.
20. Maintain copies of all permits needed to construct the
projects and enforce special requirements of each.
21. Prepare and maintain detailed daily diary inspector
reports on construction progress.
22. Prepare clear and concise letters and memoranda, as
needed. Establish a solid paper trail.
23. Provide complete measurements and calculations
documentation to administer progress payments.
24. Maintain and submit a clean set of plans marked in
red for as-built corrections on record drawings to be
filed with the City.
25. Prepare a punch list at substantial completion and
follow up with the contractor regarding progress of
corrections.
Materials Testing (Optional)
Compaction Material Testing will be provided as
needed for the project.
1. Attend meetings, as needed, with project team.
2. Review existing geotechnical reports and project
plans and specifications.
3. Perform laboratory testing.
4. Verify compliance with approved project plans,
specifications, and applicable code requirements.
5. Provide as-needed testing for proposed removal and
replacement of damaged street sections.
6. Provide compaction testing for leveling course and
final paving.
7. Provide as-needed asphalt plant inspection and
monitoring.
8. Provide engineering support, inspector/technician
coordination, dispatch, material engineering review,
test reporting, QA/QC, and administrative support
services.
9. Submit reports/updates of ongoing tests, i.e., seven-
day and off-schedule breaks.
10. Submit final report of completed laboratory tests,
i.e., 28-day results for concrete.
11. Submit – for City review – daily field-testing and
inspection reports indicating information pertinent
to inspections performed and compliance/non-
compliance with project documents and applicable
codes.
Project Closeout
The Construction Manager and Construction
Inspector will assist the City in the Project Closeout
Phase.
1. Review, finalize, and transmit the contractor’s
approved record drawings (as built) to the City.
2. Schedule a final inspection with the City and
applicable agencies; prepare, distribute, and inspect
corrections to the final punch list for completion;
and recommend final acceptance.
3. Secure and transmit required guarantees, affidavits,
releases, waivers, and operation manuals to the
City’s Project Manager.
4. Finalize contract bid items, claims, change orders,
and punch list items.
5. Prepare documentation for final payment to the
contractor.
6. Prepare all final reports including report of
completion for acceptance of the projects.
7. Finalize and deliver all construction files to the City
ready for archiving.
8. Assist the City’s Project Manager with resolving any
unresolved issues, including, but not limited to,
change orders, claims, etc.
9. Assist City with stop notices and release of retention.
10. Provide memorandum of clearance to issue notice of
completion.
City of Azusa
Residential Resurfacing Project
Project No. 66121A
10
5. Proposed Fee