HomeMy WebLinkAboutE-7 Staff Report - Award of Contract Residential RoadwayCONSENT ITEM
E-7
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: APRIL 17, 2023
SUBJECT: RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR THE 2022
AND 2023 RESIDENTIAL ROADWAY REHABILITATION PROJECT;
REJECTION OF BID PROTEST; AND APPROVE A PROFESSIONAL
SERVICES AGREEMENT WITH WILLDAN FOR INSPECTION SERVICES
BACKGROUND:
On January 17, 2023 the City Council of the City of Azusa (“City”) authorized staff to post a
Notice of Inviting Bids for the 2022 and 2023 Residential Roadway Rehabilitation Project and
solicit bids. The proposed 2022 and 2023 Residential Roadway Rehabilitation Project will
rehabilitate the pavement on nineteen (19) residential street segments approximately two (2.5)
miles in total length and three alleyways. There are various rehabilitation treatments being utilized
such as cape seals, slurry seals, 2-Inch thick and 4-Inch thick asphalt concrete pavement
restoration. Additional improvements include removal and replacement of curb ramps, sidewalks,
and curbs & gutters at various locations throughout the project limits.
This project is located within the area bounded by Thirteenth Street on the north, railroad tracks
on the south, Vernon Avenue on the west, and San Gabriel Avenue on the east; and within the area
bounded by Foothill Boulevard on the north, First Street on the south, Zachary Padilla Avenue on
the west, and San Gabriel Avenue on the east. The bid opening for this project was held on March
1, 2023.
On February 21, 2023, the City Council authorized the City Manager to increase the blanket
purchase order for Willdan, an On-Call Engineering firm with the City. The proposed actions will
approve a professional services agreement with Willdan to provide inspection services for the 2022
and 2023 Residential Resurfacing Project.
Approved
City Council
April 17, 2023
2022 & 2023 RRR PROJECT
APRIL 17, 2023
Page 2
On March 3, 2023, the City Clerk’s Office received a bid protest from the second lowest bidder,
Kalban Inc. (“Kalban”). Kalban protested the bid results due to the alleged failure by the lowest
apparent bidder Toro Enterprises Inc. (“Toro”) to list a land surveyor as a subcontractor.
RECOMMENDATIONS:
Staff recommends the City Council take the following actions:
1) Adopt Resolution No. 2023-C21 authorizing an award of contract in the amount of
$2,558,716, which includes a 10% contingency for potential change orders as needed, to
the lowest responsible bidder, Toro Enterprises, Inc., submitting a responsive bid;
2) Reject the bid protest from the second lowest bidder, Kalban.;
3) Approve a professional services agreement in the amount of $56,012.00, which includes a
10% contingency for potential change orders as needed, to Willdan; and
4) Authorize the City Manager to execute the project contract, in a form acceptable to the City
Attorney, on behalf of the City.
ANALYSIS:
Sealed bids were received publicly on March 1, 2023. The results are as follows:
Table 1 – 2022-2023 Residential Resurfacing Project Bid Opening Results.
No. Company Location Total Bid
1 Toro Enterprises, Inc. Oxnard, CA $2,326,105.25
2 Kalban, Inc. Santa Clarita, CA $2,666,535.00
3 Hardy & Harper Lake Forest, CA $2,675,000.00
4 Excel Paving Long Beach, CA $2,688,870.00
5 Copp Contracting, Inc. Buena Park, CA $2,973,922.50
6 All American Asphalt Corona, CA $2,994,090.00
7 Sully-Miller Contracting Company Brea, CA $3,082,725.00
The lowest, responsive bid was submitted by Toro, who has been in business in Southern
California since 1994 and is a general engineering contractor.
The Notice Inviting Bids published for this project specified, that the “City shall award the
contract for the Project to the lowest responsive, responsible Bidder as determined by the City from
the Base Bid alone. City reserves the right to reject any or all bids or to waive any irregularities or
informalities in any bids or in the bidding process”. On March 3, 2023, Kalban, the second lowest
2022 & 2023 RRR PROJECT
APRIL 17, 2023
Page 3
bidder, submitted a bid protest by email to the City Clerk’s Office (see Attachment 3)
protesting the bid submitted by Toro.
The bid protest claims Toro failed to list a land surveyor as a subcontractor. The bid protest
claimed that the value of the survey and construction staking work constitutes 3.3% of Toro’s
total bid and in accordance with Public Contract Code and the Subletting and Subcontracting
Fair Practices Act (“Act”), Toro should have listed a land surveyor as a subcontractor to
perform this scope.
City staff, in consultation with the City Attorney, carefully and thoroughly reviewed Toro’s
bid, the bid protest, the City’s bid documents, the Act and other applicable sections of Public
Contract Code and related statutes and case law. Following such review, staff concluded that
Toro’s bid is responsive, in accordance with the following analysis:
Registered civil engineers entitled to practice land surveying or licensed land surveyors providing
land surveying services are not considered subcontractors for purposes of the Act. Public Contract
Code section 4113 defines “subcontractor” as a contractor within the meaning of the provisions of
Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.
Chapter 9 defines contractor as synonymous with the term “builder” and includes any person who
undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to
construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building,
highway, road, parking facility, railroad, excavation, or other structure, project, development, or
improvement. (See Bus. & Prof. Code, § 7026.) Furthermore, Chapter 9 does not apply to a
licensed architect or a registered civil or professional engineer acting solely in his or her
professional capacity. (See Bus. & Prof. Code, § 7051.) Instead, registered civil engineers are
governed by the Professionals Engineers Act and licensed land surveyors are governed by the
Professional Land Surveyors’ Act. (See Bus. & Prof. Code, § 6700; § 8700.) Taken together,
registered civil engineers or licensed land surveyors providing land surveying services are not
subcontractors for purposes of the Act. Therefore, bidders are not required to list them in their bid
in order to comply with subcontractor listing obligations under the Act.
ENVIRONMENTAL CLEARANCE:
This action is categorically exempt from the requirements of the California Environmentally
Quality Act (CEQA) pursuant to Section 15301 Class 1 (c) – Rehabilitation of Existing Streets and
Highways. Staff has filed a Notice of Exemption with the Los Angeles County Clerk’s Office.
FISCAL IMPACT:
The recommended actions will award the contract to Toro in the amount of $2,326,105.25 and
further authorize Staff to increase the contract by 10% for potential change orders for a total not-
to-exceed contract amount of $2,558,716. The cost of this construction project is included in the
FY2022-23 approved CIP budget including $953,945 in SB1-Road Maintenance & Rehabilitation
Account Funds (Acct. 05-80-000-661-7120/66123C-7120) allocated for the FY 2021-2022
Residential Roadway Rehabilitation Project, $900,000 in SB1 Funds (Acct. 05-80-000-661-
2022 & 2023 RRR PROJECT
APRIL 17, 2023
Page 4
7120/66123A-7120) allocated for the FY 2022-2023 Residential Roadway Rehabilitation Project,
and $704,771 from the Citywide Sidewalk Improvements under (Acct. 10-80-000-662-
7120/66222B-7120).
Also, the recommended actions will approve a Professional Services Agreement for Inspection
Services with Willdan in the amount of $50,920.00 and authorize Staff to increase the contract by
10% for potential change orders for a total not-to-exceed contract amount of $56,012.00. The cost
for inspection services is included in the FY2022-23 approved budgeted under account (Acct.
1055651000-6399). and shall be charged to the blanket purchase order for On-Call Professional
Engineering Services.
Prepared by: Reviewed by:
Christina Curiel Robert Delgadillo, P.E.
Public Works Project Manager Director of Public Works/ City Engineer
Fiscal Review by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment:
1) Resolution No. 2023-C21
2) Toro Enterprises, Inc. - Bid Proposal
3) Kalban, Inc. – Bid Protest
4) Public Works Contract
5) Professional Services Agreement
RESOLUTION NO. 2023-C21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING AWARD OF CONTRACT FOR THE 2022 & 2023 RESIDENTIAL ROADWAY REHABILITATION PROJECT AND REJECTING A BID PROTEST
WHEREAS, City staff has prepared the construction bid documents and advertised
for construction of the 2022 & 2023 Residential Roadway Rehabilitation Project, hereinafter
referred to as the “PROJECT”; and
WHEREAS, in accordance with the City of Azusa’s Municipal Code, California
Public Contract Code Section 20162 and other applicable law, City staff solicited bids for the
“PROJECT”; and
WHEREAS, the “PROJECT” was bid on January 27, 2023, and seven (7) bids
were publicly received and opened on March 1, 2023 in accordance with applicable law; and
WHEREAS, the lowest responsive bid for the base bid was submitted by Toro
Enterprises, Inc. in the total amount of $2,326,105.25; and
WHEREAS, staff recommends the construction contract be awarded for the base
bid for a total contract amount of $2,326,105.25; and
WHEREAS, staff has determined that Toro Enterprises, Inc. bid is responsive and
satisfies the bidding requirements for the “PROJECT”; and
WHEREAS, staff has verified that Toro Enterprises, Inc., possesses a valid
California Contractor’s License, Class A, number 710580 that is acceptable for the “PROJECT”;
and
WHEREAS, the PROJECT is budgeted adequately to cover the recommended
construction contract award in the City’s FY 22/23 CIP budget; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Azusa as follows:
Section 1. In accordance with the City of Azusa’s Municipal Code, California Public Contract
code Section 20162 and other applicable law, rejects the bid protest letter dated March 3, 2023
submitted by Kalban, Inc., the second lowest bidder, in regards to Toro Enterprises, Inc. on the
2022 & 2023 Residential Roadway Rehabilitation Project, and finds the bid by Toro Enterprises,
Inc. of $2,326,105.25 to be the lowest, responsive bid and further finds that Toro Enterprises, Inc.
is a responsible bidder.
Attachment 1
Section 2. Awards the contract for the 2022 & 2023 Residential Roadway Rehabilitation Project
to Toro Enterprises, Inc. in the total amount of $2,326,105.25, the amount of the lowest responsive
base bid, conditioned on Toro Enterprises, Inc. timely executing the project contract and
submitting to the City all required documents, including but not limited to, executed bonds,
certificates of insurance, and endorsements, in accordance with the project bid and contract
documents.
Section 3. Authorizes and directs the City Manager to execute the project contract on behalf of the
City upon timely submission by Toro Enterprises, Inc. of the signed project contract and all other
required documents, including but not limited to, executed bonds, certificates of insurance, and
endorsements, in accordance with the project bid and contract documents.
Section 4. The City Clerk shall certify to the adoption of this resolution and shall deliver three
certified copies thereof to the clerk of the Board of Supervisors of the County of Los Angeles.
PASSED, APPROVED AND ADOPTED this ____ day of _______, 2023.
____________________________________
Robert Gonzales
Mayor
ATTEST:
____________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2023-XXX was duly adopted by the City
Council, at a regular meeting of said Agency held on the 17th day of April 2023, by the following vote of the
Council:
AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
___________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
___________________________________
Best, Best & Krieger, LLP
City Attorney
Attachment 2
Attachment 3
CONTRACT
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CITY OF AZUSA STANDARD CONTRACT
2022 AND 2023 RESIDENTIAL ROADWAY REHABILITATION PROJECT
THIS CONTRACT is made this day of March, 2023, in the County of Los Angeles,
State of California, by and between the City of Azusa, hereinafter called City, and Toro
Enterprises, Inc., 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:
2022 AND 2023 RESIDENTIAL ROADWAY REHABILITATION PROJECT
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 shall complete all Work required by the Contract
Documents within 45 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 Two Million Three
Hundred Twenty Six Thousand One Hundred and Five Dollars and Twenty Five Cents
($2,326,105.25). 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 $500 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
Attachment 4
CONTRACT
- 2 -
Designation of Subcontractors
Information Required of Bidders
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.
ARTICLE 10. CONFLICT OF INTEREST. In the procurement of supplies, equipment,
construction, and services by sub-recipients, the conflict of interest provisions in (State LCA –
24 CFR 85.36 and Non-Profit Organizations – 24 CFR 84.4), OMB Circular A-110, and 24 CFR
570.611, respectively, shall apply. No employee, officer or agent of the sub-recipient shall
participate in selection, or in the award or administration of a contract supported by Federal
funds if a conflict of interest, real or apparent, would be involved.
CONTRACT
- 3 -
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named
parties, on the day and year above written.
TORO ENTERPRISES, INC.
________________________________
Name and Title
________________________________
Signature of Contractor
License No. ______________________
CITY OF AZUSA
________________________________
Robert Gonzales
Mayor
________________________________
Sergio Gonzalez
City Manager
________________________________
Jeffrey Lawrence Cornejo Jr.
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
BONDS
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PERFORMANCE BOND
FOR
2022 AND 2023 RESIDENTIAL ROADWAY REHABILITATION PROJECT
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, City of Azusa (hereinafter referred to as “City”) has awarded to Toro
Enterprises, Inc., (hereinafter referred to as the “Contractor”) an agreement for 2022 AND 2023
RESIDENTIAL ROADWAY REHABILITATION PROJECT (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, Toro Enterprises, Inc., 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 Two Million Three Hundred Twenty Six Thousand One
Hundred and Five Dollars and Twenty Five Cents ($2,326,105.25), 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
BONDS
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remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations
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.
BONDS
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________________, 2023.
_________________________________________
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
BONDS
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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.
BONDS
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PAYMENT BOND
FOR
2022 AND 2023 RESIDENTIAL ROADWAY REHABILITATION PROJECT
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Azusa (hereinafter designated as the “City”) has awarded to Toro Enterprises, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: 2022 AND 2023 RESIDENTIAL ROADWAY REHABILITATION PROJECT (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 Two Million Three Hundred Twenty Six Thousand One Hundred and Five Dollars and Twenty Five Cents ($2,326,105.25) 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
BONDS
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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.
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1.PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ________________, 20___ 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 professional engineering 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 2022 AND 2023
RESIDENTIAL ROADWAY REHABILITATION 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 Engineering 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 April 17, 2023 to project
completion, unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
The Parties may, by mutual written consent, extend the term of this Agreement if necessary to
complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Attachment 5
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: Vanessa Munoz, P.E.
3.2.5 City’s Representative. The City hereby designates Robert Delgadillo 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.
3.2.6 Consultant’s Representative. Consultant hereby designates Chris Baca, 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
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.
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
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 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 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.
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 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 Fifty Thousand Nine Hundred Twenty and Zero Dollars ($50,920) 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 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 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 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 91746-3443
Attn: Vanessa Munoz, P.E.
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: Miguel Cabanas, P.E.
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged
acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s Services, the Project
or this Agreement, including without limitation the payment of all consequential damages, expert
witness fees and attorneys fees and other related costs and expenses. Notwithstanding the
foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise
out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with
legal counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims,
actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or
instituted against City or its directors, officials, officers, employees, volunteers and agents.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City
or its directors, officials, officers, employees, volunteers and agents as party of any such claim,
suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement
paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such
claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s
attorneys’ fees and costs, including expert witness fees. Consultant shall reimburse City and its
directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses
and costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant’s obligation to indemnify shall survive expiration or termination of this
Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its
directors, officials officers, employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent
lawsuit based upon the Government Code claims shall be limited to those matters that remain
unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed
conditions have been followed by Consultant. If no such Government Code claim is submitted, or
if any prerequisite contractual requirements are not otherwise satisfied as specified herein,
Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.6.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subcontractors of
Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.6.9 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.6.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.15 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney’s fees and all other costs of such action.
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and
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.
3.6.19 Federal Provisions. When funding for the Services is provided, in whole
or in part, by an agency of the federal government, Consultant shall also fully and adequately
comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and
incorporated herein by reference (“Federal Requirements”). With respect to any conflict between
such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the
more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
CITY OF AZUSA WILLDAN
By: By:
Sergio Gonzalez
City Manager
Name:
Attest:
Title:
Jeffrey L. Cornejo Jr.
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:
EXHIBIT “A”
SCOPE OF SERVICES
The Scope of Services is attached herein.
City of Azusa
2022 & 2023 Residential
Roadway Rehab
5
4. Scope of Services
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 verify 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.
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.
Project Closeout
The City’s 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.
EXHIBIT “B”
SCHEDULE OF SERVICES
The Scope of Services shall be completed in accordance with the timeline attached herein.
City of Azusa
2022 & 2023 Residential
Roadway Rehab
3
3. Methodology
Project Understanding
Willdan understands the City of Azusa requires the services of a
qualified construction engineering consultant to provide construction
inspection services for the 2022 & 2023 Residential Roadway
Rehabilitation Project. 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, 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 March 2023 with an expected project schedule of 45 working days.
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.
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
brings to each project. To these goals, we add individual project-oriented goals that include:
Basic Principles to Project
Approach
City of Azusa
2022 & 2023 Residential
Roadway Rehab
4
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 Specifications
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
EXHIBIT “C”
COMPENSATION
The Cost Proposal is attached herein.
City of Azusa
2022 & 2023 Residential
Roadway Rehab
6
5. Proposed Fee
Willdan proposes to perform the required inspection services on a time and materials (T&M) basis.
Willdan’s proposal is based upon the City’s estimated 45 working day construction schedule. Our
proposed not-to-exceed fee for the Scope of Work identified above is $50,920.00.
Classification Public Works
Observer
Administrative
Assistance
Total Hrs.
(Including
Optional)
Total
$128/hr $114/hr
Preconstruction 10 5 15 Hrs. $1,850.00
Construction 360 10 370 Hrs. $47,220.00
Post Construction 10 5 15 Hrs. $1,850.00
Total Not-to-Exceed Fee $50,920.00
1 Hours are estimated and will be dependent upon the Contractor’s final phasing and scheduling
of the work.
2 Additional service needed beyond this duration will be provided on a time-and-materials basis at
Willdan's standard hourly rates.
3 Overtime inspection services are not included but will be billed at 1.5 times normal hourly rate if
required and may require adjustment to the approved budget. Work performed by support staff
with titles not explicitly listed herein will be charged in accordance with Willdan's City of Azusa
Project specified hourly rates.