HomeMy WebLinkAboutC-9661-1 - On-Call PSA for On-Call Inspection ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT
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WITH WILLDAN ENGINEERING FOR
V ON -CALL INSPECTION SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 9th day of July, 2024 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and WILLDAN ENGINEERING, a California corporation ("Consultant"), whose
address is 2401 East Katella Avenue, Suite 300, Anaheim, CA 92806, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide on -call inspection and permitting
services for the Public Works Department ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on July 9, 2027, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
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4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Chris Baca to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
Willdan Engineering Page 4
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
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17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. 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 to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
Willdan Engineering Page 7
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
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25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Chris Baca
Willdan Engineering
2401 E. Katella Avenue, Suite 300
Anaheim, CA 92806
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
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28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
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28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Willdan Engineering Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 6LU,,L�(
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By: �Hadrp
Aa ,on C. s
City Attorney
F�� y
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
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,V
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:/9/zd z y
By:e���/��.Gr�'
Will O'Neill
Mayor
CONSULTANT: WILLDAN
ENGINEERING, a California corporation
Date:
Signed in Counterpart
Bv:
Vanessa Munoz
Chief Executive Officer
Date:
Signed in Counterpart
Bv:
Kate Nguyen
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Willdan Engineering Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: t A
A n C. Harps
Ci y Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
Attachments
4/Z �
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: WILLDAN
ENGINEEI)ING, a California corporation
Date: —4 1 /j4
By'
Vanessa Mu
Chief Executive Officer
Date:
--7,/ 1 /2,4
By:
_Wk4l�
Kate Nguy6n
Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Willdan Engineering Page 12
EXHIBIT A
SCOPE OF SERVICES
Willdan Engineering Page A-1
SCOPE OF SERVICES
ON -CALL INSPECTION SERVICES
Services include Development Permits, Encroachment Permits and Utility Permit
Inspections to supplement the City's current inspection staff, in addition to construction
administration services.
Prior to authorization to commence work on any particular assignment by the City, the
City and Consultant shall agree to a written scope of work (task order) and a time
schedule. Consultant's services shall include, but not necessarily be limited to, providing
a Public Works Inspector or Construction Administrator to work at City Hall within the
Public Works Department. Depending on the project or inspection activity, services may
be assigned on a part time, percent time, full time, and/or evening or weekend basis
depending on the need for services. Consultant will be assigned to specific
projects/permits and work with City staff on administration and inspection of City projects
and private improvements/encroachments within public right-of-way in the following areas
as necessary:
• Construction observation;
• Public contract administration;
• Attend project meetings;
• Utility coordination;
• Minimizing traffic impacts;
• Construction staking and surveying;
• Material testing;
• Project documentation;
• Record drawings;
• Permit system record keeping;
• Liaison with Staff.
CITY OF NEWPORT BEACH
Proposal to Provide
On -Call Inspection Services
R F P No. 24-56
April 4, 2024
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40/W I LLDAN
1. Cover Letter
April 4, 2024
Omar Khalil, Assitant Management ANalyst
100 Civic Center Drive
Newport Beach, CA 92660
Submitted through Planet Bids
Subject: RFP 24-56 — On -Call Insepction Services to the City's Public Works Department
The City of Newport Beach is seeking qualified firms with outstanding reputations, capacity, knowledge, and
proven track records to provide development permits, encroachment permits, and utility permit inspections to
supplement the City's current inspection staff, in addition to construction administration services. Along with a 60-
year history of providing these services to municipal agencies throughout California, Willdan has been providing
on -call construction management and inspection services to numerous cities and counties. We are well suited to
partner with the City to achieve a fast -track approach for the City's On -Call Staff Augmentation including our ability
to perform on short notice (24 hours). Willdan's proposed staff members are experienced working together as an
integral part of municipal agency on -call improvement projects. As a multi -disciplinary firm, we have a full
complement of resources to provide additional staffing as well as technical support and research. The advantages
Willdan's proposed project team brings to the City include:
■ Local Knowledge. Providing construction management and inspection services for numerous cities, we
possess a keen understanding of the City's goals and objectives. We are highly familiar with the City's policies,
procedures, funding resources, guidelines, and standards. This knowledge and experience enable us to quickly
initiate projects and respond appropriately to City staff input and/or concerns.
■ Responsiveness. Willdan has an office location less than 20 miles from the City of Newport Beach and can
respond to requests for face-to-face meetings with a 24 hour notice. Each resident engineer/construction
manager and inspector is equipped with a cell phone — providing accessibility while out in the field.
Unmatched Ability to Deliver Requested Services While Supporting City Goals. The City has a firm
commitment to the ideal of a quality community. This ideal underpins the City's goals and objectives and
requires a very high standard of integrity at all levels. From fiscal responsibility to responding to community
concerns, the expectation is for excellence. Willdan is the right firm to help the City achieve these
commitments and expectations as they are directly in line with our internal goals of providing the highest level
of service to our clients. Willdan is truly the City's one -stop resource for on -call projects. By combining depth
of staffing, state-of-the-art technical resources, and local offices rooted in communities, Willdan has earned
our reputation as an exceptional problem solver and client advocate whose business model centers around
our clients' best interests.
■ Strong Project Manager. Mr. Christopher Baca is responsible for managing improvement and land
development construction management and inspection projects for various other agencies and municipalities
throughout Southern California. Mr. Baca has provided similar services for:
✓ City of Palm Springs— On -call construction management and inspection services, including permit
inspection of large subdivisions
✓ City of Brea — On -call construction management and inspection services, including permit inspection of
large subdivisions
✓ City of Highland — Permit inspection services for the past 20 years
✓ City of Garden Grove — On -Call construction management and inspection services
✓ City of Long Beach — On -call construction management and inspection services, including permit
inspections for over 21 years
714.940.6300 1 800.424.9144 1 fax: 714.940.4920 1 2401 East Katella Avenue, Suite 300, Anaheim. California 92806 1 www.wiIldan.corn
✓ City of Santa Ana - On -call construction management and inspection services, including permit
inspections
Unmatched Expertise. Willdan has been providing construction management and inspection services to public
agencies for over 53 years. Serving public agencies is the cornerstone of Willdan's business. The project team
has past experience working together on hundreds of public works and permitted (land development) projects
throughout the region.
Staffing Resources to Meet Scope of Services and Additional Services Provided. Our staffing resource bench of
licensed and technical experts includes specialists who will provide the following services construction
observation, public contract administration, attendance at project meetings, utility coordination, minimizing
traffic impacts, construction staking and surveying, material testing, project documentation, record drawings,
permit system record keeping, and liaison with City staff. Willdan will provide a Public Works Inspector to work
at the City Hall within the Public Works Department, for a part-time, %-time, full-time, and or
evening/weekend basis, as needed for inspection services. Additionally, Willdan has staff resources highly
qualified in water resources, highway and roadway engineering, drainage and flood control, bridge
engineering, traffic and transportation engineering, municipal engineering, landscape architecture,
environmental planning, building safety, urban and regional planning, structural engineering, computer -aided
analysis and design, and other technical fields. The breadth and diversity of the firm's expertise means that our
construction management experts can draw upon the considerable experience of the firm - maximizing
efficiency, productivity, and quality in meeting project schedules and budgets. A pool of additional resident
engineers, construction managers, construction inspectors, and geotechnical inspectors and testers located in
our Industry, Anaheim, and Ventura offices can provide back up support, if necessary. Other services such as
federal invoicing and labor compliance are also available through our Industry office.
Willdan Engineering attests that all information submitted with this proposal is true and correct. This statement of
qualifications and associated rates are valid for a minimum of 180 days from the date of submission.
We are sincerely interested in this on -call construction management and inspection services contract and
appreciate the opportunity to present our proposal. We look forward to working with the City to implement
desired public works and staff augmentation services. If there are any questions regarding this proposal, please
contact me by mail at Willdan Engineering, 13191 Crossroads Parkway North, Suite 405, Industry, CA 91746; by
phone at (562) 364-8198, by fax at (562) 695-2120; by cell phone at (310) 502-6335; or by email at
cbaca@willdan.com.
Respectfully submitted,
Willdan Engineering
—��- w,,,_-a
Chris Baca, RCI, CESSWI
Director of Construction Management
and Inspection Services
Comprehensive. Innovative. Trusted. W",
Table of Contents
1. Cover Letter
2. Local Staffing List............................................................................................................................................ 2
KeyStaff.....................................................................................................................................................................2
AdditionalBench of Staff...........................................................................................................................................2
3. Advance Notice Requirements........................................................................................................................ 4
4. Resumes of Proposed Personnel..................................................................................................................... 5
5. List of Public Agency Work Performed in the Last Five Years..........................................................................17
6. References....................................................................................................................................................21
7. Fee Schedule.................................................................................................................................................22
RequiredForms.................................................................................................................................................23
ProposalInformation Form.....................................................................................................................................24
Statementof Compliance........................................................................................................................................26
v✓
SignedAddendum 1.................................................................................................................................................27
Proposal for On -Call Inspection Services 1
RFP No. 24-S6
2. Local Staffing List
Key Staff
Although overall firm credentials and experience are important, the key to success on any assignment is the caliber
and depth of experience, as well as the overall professionalism, of the specific individuals assigned to the project
team. A successful partnership for this type of project requires not only expertise to provide construction
management and inspection services but to also effectively coordinate with the City of Newport Beach staff,
contractors, communities, and other project stakeholders to ensure that the project reflects the expectations of its
stakeholders. Willdan believes that the project team should possess, not only the knowledge, but should also be a
team anchored with local personnel to provide the intimate working knowledge and expertise necessary to fully
serve the City of Newport Beach. The Willdan team specifically provides this capability.
Chris Baca, RCI, CESSWI
Project Manager
36
20%
20%
Michael Bustos, PE, ENV SP
Resident Engineer
22
50%
50%
Barry Knutson
Public Works Inspector
37
100%
100%
Victor Ayala
Public Works Inspector
42
100%
100%
John De La Cruz
Public Works Inspector
42
100%
100%
Ron Brahs
Public Works Inspector
32
100%
100%
Heleo Espinoza
Public Works Inspector
42
100%
100%
Justin Parent
Public Works Inspector/
15
95%
95%
Soil Technician/Special
Inspector
Roy Shaver, PE
Construction Manager
29
40%
40%
Arne Cvek
Construction
18
25%
25%
Manager/Inspector
Resumes for the above staff are in the section following our commitment to provide service on short notice.
Additional Bench of Staff
In addition to the key staff proposed above, Willdan has the following bench of staff members available, providing
extra reliability to respond to service requests on short notice.
v✓
Charles Dalton
! Public Works Inspector j
20
50% i
50%
Harrison "Otis" Chandler
Public Works Inspector
10
95%
95%
Ruben Durant
Public Works Inspector
25
100%
100%
Simon Hernandez
Public Works Inspector
27
100%
100%
Macy Eskandari, CESSWI
Public Works Inspector
31
100%
100%
Paul Merrill, QSD/P
Public Works Inspector
12
100%
100%
Glenn Stanley
Public Works Inspector
20
100%
100%
Danny Ayala
Public Works Inspector
39
50%
50%
Proposal for On -Call Inspection Services 2
RFP No. 24-56
Ajit "Alex" Chandhok
John Crowe
Mike Corral
Jason Brown, RCI
Loren Clifton, PE
Joe Putrino
Sal Martinez, EIT, CESSWI,
QSP
Public Works Inspector
47
100%
Public Works Inspector
46
100%
Geotechnical Field
18
50%
Testing
Lead Construction
27
50%
Manager
Construction Manager
33
20%
Construction Manager
43
33%
Construction Manager
25
33%
Mike Paieri
Public Works Inspector
Amy Rodriguez
Inspector/Special
Inspector
Dwayne Mozden
Public Works Inspector/
Soils Technician/Special
Inspector
Mario Cisneros
Construction
Manager/Inspector
Matthew Villegas
Public Contract
Administration
Jeff Lau, PE, TE
Traffic Impacts
CL Survey (Sub)
Construction Staking and
Surveying
Tamara Boeltl
Utility Coordination
Chien -Chang Chen, PhD, PE, Material Testing
GE
40
100%
3
100%
4
100%
10
33%
11
25%
19
15%
17
10%
34
25%
24
10%
100%
100%
50%
50%
20%
33%
33%
100%
100%
100%
33%
25%
15%
10%
25%
10%
Proposal for On -Call Inspection ServicesIt 3
RFP No. 24-56
3. Advance Notice Requirements
Willdan understands the unique aspect of working under an on -call contract. Success in working with this type of
contract is dependent upon understanding a variety of elements that may be encountered, such as:
• Short project durations and minimal lead times for assignments.
• In some cases, flexible service assignments will be used to complete project tasks already started by
agency staff. The need to understand the work -to -date and coordinate completion activities is important.
■ Assignment of specific Willdan staff selected by the client may be requested. Availability of our staff to
the work assignment as it develops is often critical to moving that project forward.
■ The need for a consistent, organized project management approach due to the potentially large numbers
of projects that may be in process.
■ Special attention to quality assurance and quality control is particularly important. Shorter projects may
not have the numerous interim review steps often associated with a project -specific contract.
■ Project assignments can be relatively small; therefore, efficient use of resources is critical.
Willdan has included key staff members who are currently available to start services for the City within 24 hours'
notice from the City. Each of our proposed construction inspectors are available from 50% FTE to full-time at
present.
v✓
Proposal for On -Call Inspection Services
RFP No. 24-56
City of Newport Beach
4. Resumes of Proposed Personnel
The resumes of Willdan's proposed key personnel are provided on the following pages.
Proposal for On -Call Inspection Services
RFP No. 24-56
Christopher D. Baca, RCI
Director, Construction Inspection and
E Management Services
EDUCATION
Christopher D. Baca is responsible for directing and monitoring public works inspection
BS, Public
services and overseeing construction services personnel. His expertise encompasses
Administration,
construction management of capital improvement projects involving water systems, streets,
California State
University, Fullerton, CA
parks, storm drains, sanitary sewers, asphalt resurfacings, concrete paving, landscaped
medians, and traffic signals. Christopher is experienced with inspection of and contract
Caltrans Resident
administration for federally funded projects in accordance with the State of California
Engineer Academy
Department of Transportation Local Assistance Procedures Manual.
Public Works Inspection,
Prior to joining Willdan, Christopher worked for a soils engineering firm conducting field
California State
University, Los Angeles
inspections and performing laboratory testing.
Extension
Relevant Project Experience
Asphalt Paving,
On -Call Public Works and Land Development Inspection Services, City of Long Beach, CA.
Contract Administration
and Change Orders for
Project Manager. Willdan is providing on -call public works inspection for various CIP and
Federally Funded
permitted projects throughout the City of Long Beach. Willdan has maintained a continuous
Projects Seminars
presence in the City since 2004. Willdan is responsible for inspecting and observing curbs,
gutter, sidewalk, storm drain, traffic signal and sewer system installations, asphalt over -lays,
Inspection Principles,
grading, and other related work. Field files are maintained in accordance with Caltrans
Public Contact Slurry
Seal, and Traffic Signal
standards; Willdan provided labor compliance and coordinated all material testing.
Inspection and Design
On -Call Construction Management Services, City of Norco, CA. Project Manager. Willdan
Seminars
provides on -call public works inspection for various projects throughout the City of Norco.
ASSOCIATIONS
On -Call Public Works and Construction Management Services, City of Redlands, CA. Project
American Construction
Manager. Willdan provides public works inspection and construction management services
Inspectors Association
for various projects located throughout the City.
PROFESSIONAL
On -Call Construction Management and Inspection Services, City of Rancho Cucamonga, CA.
CERTIFICATIONS
Project Manager. Willdan is providing construction management and inspection services for
Registered Construction
the City of Rancho Cucamonga. A few of the projects are Crest Road at Whitley, Robert Ryan
Inspector, Division IV—
Park Construction, Arterial Street Resurfacing, and Hawthorne Boulevard at PVDW Landscape
Public Works, American
Construction Inspectors
On -Call Construction Management and Inspection Services, City of Newport Beach, CA.
Association No. 4161
Project Manager. Willdan provides construction management and inspection on various
Registered Construction
permitted and capital improvement projects throughout the City.
Inspector, Division 1—
Engineering, American
Construction Inspectors
Association No. 5161
Proposal for On -Call Inspection Services
RFP No. 24-S6
Michael Bustos, PE, ENV SP
Deputy Director, Construction Management and
Inspection
AW
EDUCATION
Michael Bustos currently serves as Deputy Director of Willdan's Construction Management
BS, Civil Engineering
and Inspection Group, which also encompasses geotechnical/materials testing, and labor
(Magna Cum Laude),
compliance services. He is responsible for construction management, analysis, design, and
California Polytechnic
plan review of roadway reconstructions; drainage; water and sewer pipelines; pavement
State University, San
rehabilitation; and street projects including traffic signal, landscaping, irrigation, grading, and
Luis Obispo, CA
American with Disabilities Act (ADA) improvements. He has served as Resident Engineer for
Coltrans Resident
over a dozen federally and state -funded projects over the last five years and also as a
Engineer Academy
Construction Manager or Resident Engineer for 125+ public works projects for various
agencies throughout California with projects totaling $200M+ on construction costs. Through
REGISTRATIONS /
his unique experience and vantage point of serving as a Design Engineer, Project Engineer,
CERTIFICATIONS
Project Manager, Resident Engineer, and Construction Manager, Mike has developed an
Civil Engineer, California
expertise in public infrastructure planning, design, award, funding, and construction; he
No. 73173
understands the varying unknowns project construction can present; and he tackles those
Envision Sustainability
unknowns by working with contractors, City staff, and other stakeholders to resolve
Professional, Institute
challenges.
for Sustainable
Infrastructure No. 2696
Relevant Project Experience
FY 22-23 Measure V Pavement Rehabilitation and Chip Seal, City of Ridgecrest, California.
Project Manager/Resident Engineer responsible for oversight of Willdan's civil and traffic
engineering design, environmental compliance, right-of-way acquisition, bidding assistance,
resident engineering, construction management, inspection, materials testing, federal
funding administration, and labor compliance services for two construction projects funded
by the City's local gas tax. The $6 million pavement rehabilitation project included PCC
Improvements, widenings, and overlay of 19 street segments throughout the city and the
$700,000 chip seal project included chip seal and striping of 17 street segments throughout
the city.
Downs Street Widening Project, City of Ridgecrest, California. Resident Engineer responsible
for oversight of Willdan's civil and traffic engineering design, environmental compliance,
right-of-way acquisition, bidding assistance, resident engineering, construction management,
inspection, materials testing, federal funding administration, and labor compliance services
for widening improvements from two lanes to four lanes on Downs Street between
Ridgecrest Boulevard and Upjohn Avenue. The project involved utility pole relocations, raised
median, curb ramps, curb, gutter, sidewalk, driveway approaches, street lighting conduit,
culvert, cement treatment, ARHM overlay, signing, striping, and RRFB. These services were
provided under Willdan's on -call engineering contract.
ITS Gap Closure Project, Inglewood, CA. Project Manager/Construction Manager. Willdan is
currently providing construction management, inspection, and material testing for the City's
ITS Gap Closure project. The City has already implemented Phase 1-4 of the Intelligent Traffic
Systems Program with future phases 5-6 scheduled. This Project is a continuation of the ITS
Program that will expand and improve existing ITS network by upgrading traffic signal
hardware, software, and fiber optic communications. Traffic signal installations and/or
modifications are being made at 17 intersections throughout the city. The construction
contracts were separated into two contracts (material procurement and installation).
x Proposal for On -Call Inspection Services
1 RFP No. 24-56
Intermodal Transit Facility Project, City of Inglewood, California. Construction Manager
responsible for oversight of Willdan's construction management, inspection, and material
testing services for the Intermodal Transit Facility Project, which included remediation of
hazardous and contaminated soils, grading, driveways, sidewalks, curbs, gutters, utility
relocations, lighting, security systems, electrical systems, low -voltage systems, ADA
improvements, bollards, pavement legends, striping, storm water systems, storm drain
systems, catch basins and drop inlets, and all necessary items complete in place. Willdan
provided CM, public works inspection, labor compliance, and material testing services. These
services were provided under Willdan's on -call engineering contract. Willdan provided design
services on this project as well.
Old River School Road Rehabilitation, City of Downey, California. Resident Engineer
responsible for oversight of Willdan's construction management, inspection, and materials
testing services for the federally funded Old River School Road Pavement Rehabilitation
Project. This project generally consisted of the installation of 32,000 LF of fiber-optic traffic
signal communications conduit, pull boxes and termination panels; cold milling, leveling
course and overlay; curb ramps, curb and gutter, and sidewalk; implementation of Class II and
Class III bike facilities; and striping and signage. These services were provided under Willdan's
on -call construction management and inspection contract.
3rd Street Water System Improvements Project (Rives Ave to Old River School Road), CIP
20-23, City of Downey, California. Construction Manager. Willdan provided inspection and
materials testing services for this water system improvements project on 3rd Street between
Paramount Blvd and Civic Center Drive. The project involved installation of new potable
water ductile iron pipe, gate valves, tees, bends, thrust blocks and appurtenant fittings;
installation of new fire hydrant assemblies, water service lines, meters, and boxes;
abandonment of existing water mains, service lines, and associated facilities; trenching,
backfill, and compacting; asphalt concrete (AC) and Portland cement concrete (PCC)
pavement reconstruction; reconstruction of miscellaneous PCC improvements; and other
appurtenant work.
Sumac Park Restroom Renovation, City of Agoura Hills, CA. Project Manager responsible for
oversight of construction management and inspection services for the restroom renovation.
The restroom building rehabilitation involved roof replacement, electrical and plumbing
repairs, new water bottle filling station, fixture replacements, stucco exterior, stone veneer
pilasters, security mesh screening, new gates and hardware, toilet accessories, slab
reconstruction, and painting. Minor concrete improvements entailed removing and
reconstructing concrete sidewalks, curb ramps, and curbs and installing parking lot striping.
Triunfo Canyon Road at Saddle Mountain PHB, City of Westlake Village, California. Project
Manager responsible for oversight of construction management, inspection, labor
compliance and material testing services for the installation of a new pedestrian hybrid
beacon (PHB) system. The project included curb ramp reconstructions, new electrical service,
pole foundations and pole installations, conduit, pull boxes, and signage. These services were
provided under Willdan's on -call city engineering contract.
Proposal for On -Call Inspection Services
RFP No. 24-56
Barry Knutson
Senior Public Works Observer
EDUCATION
Mr. Barry Knutson possesses experience working as a carpenter's apprentice, journeyman
Construction Estimating,
carpenter, carpenter foreman, estimator, assistant superintendent, superintendent, and
Electrical House Wiring,
purchasing agent. As a Senior Construction Administrator on large-scale capital improvement
Heat VentA/CSystems,
projects, he has managed and inspected construction projects throughout the County of Los
Fullerton College,
Angeles for the past 12 years.
Fullerton
Relevant Project Experience
Graduate, Carpenter's
Union Apprenticeship
Pavement Rehabilitation #501 FY 2015, City of Palm Springs, California. Public Works
School Local1815
Observer. Willdan provided construction management, public works inspection, and material
testing services for the City's $10 million citywide pavement rehabilitation project. The
CERTIFICATIONS
project involved pulverizing of the existing street sections, grading of the pulverized section,
General Contractor,
cement treatment, asphalt paving, ADA ramps, traffic markings, and other appurtenant work
California No. e-1
for over 100 streets throughout the city.
Tidelands Beach Restrooms, City of Long Beach, California. Assistant Construction Manager
& Inspector. Construction of new and renovations to ten restrooms located within the
Tidelands (beach) area of Long Beach. Three of the restrooms included complete demolition
of existing structures which were then replaced by pre -fabricated modular structures. Three
more of the restrooms included complete demolition of existing structures which were then
replaced by ground up construction of new structures. The final four restrooms included
selective demolition of the existing structures which were then rebuilt/remodeled.
Hawthorne Boulevard Overlay, City of Rolling Hills Estates, California. Senior Public Works
Observer. Responsible for providing construction inspection services for the City's $355K
ARHM overlay paving project.
Bolivar Park, City of Lakewood, California. Construction Manager/Public Works Inspector
responsible for providing construction management and inspection services for inspection of
the new tot lot area for this $9 million improvement project. The project involves channel
drop inlet, diversion structure, two new stormwater pump stations, and mechanical and
storm drain piping, pavement removal and replacement, underground storage and infiltration
area, building expansion, electrical equipment modifications, instrumentation and controls,
irrigation and planting, picnic shelters, and tee -ball backstop.
Palms Park Community Center Remodel, City of Lakewood, California. Construction
Manager/Public Works Inspector responsible for providing construction management and
inspection services for this $1.5 million project. The improvements involved ADA access,
gymnastics gymnasium, foyer remodel, and Parks and Recreation office remodel with HVAC
and electrical upgrades, glass curtain wall and flooring.
Del Valle Memorial Park, City of Lakewood, California. Construction Manager/Public Works
Inspector responsible for providing construction management and inspection services for this
$1.5 million improvement. The project involved an F3 fighter jet aircraft exterior restoration,
aircraft carrier like marble conning tower, and stamped concrete sidewalk.
Rynerson and Del Valle Parks, City of Lakewood, California. Construction Manager/Public
Works Inspector responsible for providing construction management and inspection services
for this $1.9 million improvement. The project involved playground removal and
replacement at two locations.
Proposal for On -Call Inspection Services
RFP No. 24-56
E1
City of Newport Beach V
Victor Ayala
Senior Public Works Observer
EDUCATION
Mr. Victor Ayala's experience includes over 40 years of public works construction experience
— specializing in traffic signal and fiber optic inspections. Mr. Ayala's extensive experience
Certificate, Fiber optic
includes electrical inspections of developer/public works improvement projects, including
Theory, Air Quality
installations and modifications for traffic signals, controllers, fiber optics, street lights, and
Management District
irrigation systems. In addition, he has wide-ranging expertise with civil improvement projects,
Certificate, Professional
including road reconstruction/rehabilitation inspections involving asphalt -rubber hot -mix
Development, Asphalt
overlays, conventional asphalt overlays, sidewalks, curbs and gutters, curb ramps and
Institute
driveways, grading, paving, storm drains, sanitary sewers, and beautification with raised
CERTIFICATIONS
landscape medians and decorative parkway renovations. He is a licensed C-10 electrical
contractor and is certified by the Air Quality Management District for fiber optic theory.
Contractor, California
No. C-10
Mr. Ayala's involvement with numerous street rehabilitation projects provides him with the
necessary tools and experience to effectively communicate and address the concerns of the
public during construction.
YEARS OF
Relevant Project Experience
Tamarack Avenue and Central Avenue Traffic Signal and Street Widening, City of Brea,
California. Public Works Observer responsible for performing public works observation for
traffic signal and street widening improvements. The project involved modifying the traffic
signal at Tamarack Avenue and Central Avenue and widening Tamarack Avenue. Construction
included replacing a traffic signal controller; relocating traffic signal poles; relocating a water
line; installing safety lighting, two catch basins, four driveways, and traffic markings; and
other appurtenant work.
West Highland Bikeways Infrastructure and Base Line Street Pavement Improvements, City
of Highland, California. Assistant Inspector responsible for assisting with daily observation of
the contractor's operations, scheduling and coordinating materials testing, tracking
quantities, public relations, and reporting to the construction manager and City Engineer.
Willdan provided construction management, inspection, and materials testing services for
this $3 million project. The project involved cold -in -place recycling and street pavement
overlay; removing and replacing concrete curb and gutter, sidewalk, driveway approaches,
and ADA-compliant ramps; constructing concrete bus pads; and installing striping, pavement
markings, signage, and video detection at various signalized intersections on Base Line Street
between Del Rosa Drive to Cole Avenue and between Bounder Avenue to Church Street.
Birch Street Traffic Signal Synchronization Improvements, City of Brea, California. Public
Works Observer. The project included the installation of traffic signal gear and traffic signal
communication equipment to facilitate the synchronization of traffic signals along the project
corridor, Birch St and Rose Drive from Brea Boulevard to Vesuvius Drive. Work included the
installation of fiber optic cable, conduits, termination units, Ethernet fiber switches, fiber
optic HUB cabinet, and other appurtenant work. The project had a construction cost of
$500,000 and took 90 days to construct.
Cycle 3 Safe Routes to School (SRTS) Project, City of Brea, California. Public Works Observer.
Willdan will provide inspection services for the City's Cycle 3 Safe Route to School Project.
The project involves traffic signal modification, sidewalks, and other appurtenant work.
Proposal for On -Call Inspection Services 10
RFP No. 24-56
John Dela Cruz
Construction Inspector
Mr. John Dela Cruz has over 40 years of private and public works project construction
management and inspection experience. Mr. Dela Cruz has a thorough knowledge of the
Public Works Standard Plans and Specifications, Caltrans Standard Plans and Specifications,
EDUCATION
Work Area Traffic Control Handbook, Greenbook, Construction General Permit and OSHA
College
safety orders. His project expertise includes residential, commercial, retaining walls, grading,
Coursework/Saddleback
wet and dry utilities, parking lots, roadways, highways, bridges, retaining walls, water
College, Mission Viejo,
treatment and storage facilities, construction and post construction water quality structures
CA College
Coursework/Rancho
and environmental projects.
Santiago College, Santa
Relevant Project Experience
Ana, CA
College
Garden Grove Boulevard Rehabilitation, Federal Aid Project No. CRAL-5328(088), City of
Coursework/Harbor
Garden Grove, California. Public Works Inspector. Willdan provided inspection and materials
College, Harbor City, CA
testing for this federally funded street rehabilitation project on Garden Grove Blvd between
Harbor Blvd and Fairview St. This project consisted of clearing and grubbing, roadway
PROFESSIONAL
excavation, removing and reconstructing failed pavement areas, asphalt paving, asphalt
CERTIFICATIONS
rubber aggregate membrane (ARAM), RHMA-G surface course, replacement of PCC curb and
Certified Erosion,
gutter, bus pads, driveway approaches, sidewalks, depressions and wheel chair ramps,
Sediment and Storm
adjustments to utility covers to finish grade, installation of traffic striping, signing, pavement
Water Inspector
marking and markers, traffic detector loops, and re-establishment of centerline ties and
(CESSWI), #4694
Qualified Storm Water
monuments. Mr. Dela Cruz served as the primary inspector responsible for providing
Practitioner (QSP),
inspection services to monitor completion of all specified work in compliance with the
#25924
contract documents. He tracked all quantities, coordinated with the Contractor's Foreman,
prepared daily inspection reports, and reported directly to the City's Construction Manager.
AHERA Building
Inspector#02121;
Chapman Avenue Resurfacing, CIP No. 1341000, City of Garden Grove, California. Public
EPA/AHERAAsbestos
Works Inspector. Mr. Dela Cruz served as the primary inspector responsible for providing
Abatement Contract
inspection services to monitor completion of all specified work in compliance with the
Supervisor#ARCS-817-
contract documents. He tracked all quantities, coordinated with the Contractor's Foreman,
95
prepared daily inspection reports, and reported directly to the City's Construction Manager.
City Right -of -Way and Capital Improvement Projects, City of Huntington Beach, California.
Senior Public Works Construction Manager and Inspector for Utility Company contracts
performing work in the City Right of Way and Capital Improvement Projects. Duties included
inspection and observation for asphalt removal and replacement; asphalt grind and overlays;
asphalt crack seal and slurry seal; replacement of damaged curb and gutter, sidewalks,
handicap ramps; and striping and signage. Additional duties included project documentation,
public outreach, and coordination of consultants and utility agencies.
Street Improvements Project on Lakewood Boulevard, City of Downey, California. Senior
Public Works Inspector. Mr. Dela Cruz provided inspection services for the Street
Improvements Project for Lakewood Boulevard, including inspection of hardscape and
softscape demolition, installation of wet and dry utilities and structures, street and sidewalk
improvements, handicap ramps, retaining walls, traffic signals, street lighting, striping and
signage, irrigation, landscaping, and relocation of existing utilities.
Street Improvements Project, City of Long Beach, California. Senior Public Works Inspector.
Mr. Dela Cruz provided inspection services for this $15 million improvement project, which
involved replacement of curb and gutter, handicap ramps, cross gutters, and asphalt overlays.
Proposal for On -Call Inspection Services
Nh/ RFP No. 24-56
11
Ron Brahs
Construction Inspector
Mr. Ron Brahs has been involved in the construction inspection and public works sector for
over 32 years and his project responsibilities have included simultaneous inspection of
multiple public works projects. He has inspected projects encompassing the following: water,
REGISTRATION sewer, storm drains, pipelines, curb and gutter, sidewalks, asphalt concrete placement, street
Safety Training rehabilitation, and street restoration. As an inspector, he oversaw project work to ensure
contract and design compliance. He documents labor and equipment allocations as well as
daily work in daily construction reports. He has a great deal of knowledge and is adept at
F�2 YEARS proposing effective and efficient solutions for problems that arise. He collaborates with
' project stakeholders and is an effective communicator.
Relevant Project Experience
Capital Improvement Project 7968 Parking Project, City of Brea, California. Public Works
Observer. Willdan is provided inspections for the City's BHGC Parking Lot Crack/Seal Coat and
Striping Project. The project involved sealing of the existing cracks, removal of severely
damaged asphalt, cold milling, and asphalt melting.
57 Freeway Project, City of Brea, California. Public Works Observer. This project included
widening the 57 Freeway/Lambert off -ramp, two additional off -ramps, new sidewalks, street
paving, two new traffic signals, landscaping, and other appurtenant work. Willdan provided
third party inspection of the Caltrans improvements within the City of Brea right-of-way.
On -Call Permit Inspections, City of Brea, California. Public Works Observer. Willdan provided
construction permits and public works inspections of various permitted projects throughout
the City of Brea.
Various Projects within City of Brea. As a former Public Works Inspector for the City of Brea,
Mr. Brahs performed inspections on the following CIP Projects:
■ 57 Freeway & Lambert Road Interchange Project
■ Superblock I Parking Structure
■ Brea Blvd at Fire Station No. 2 and Tracks at Brea City Project
■ Citywide Sewer Pipe Tec CCTV inspection & coordination
■ Brea Creek Golf Course Parking Lot ADA upgrades/parking lot rehabilitation
■ City of Brea CIP Annual Slurry Seal Projects /Inspect yearly
■ Utility Permits throughout the City
■ Lagos De Moreno Park Upgrade
Proposal for On -Call Inspection Services
VV RFP No. 24-56
12
City of Newport Beach
EDUCATION
Citrus College, Mount
San Antonio College,
and Rancho Santiago
College
Heleo Espinoza
Public Works Inspector
Heleo Espinoza has 37 years of experience in Public Works, with strong leadership qualities
and the ability to manage projects successfully. He possesses exceptional decision -making
capabilities and is meticulous in ensuring project specifications are compliant with contracts
and requirements. He has outstanding customer service skills dealing with clients and
contractors and is well organized, with excellent time management abilities, to complete
projects on time and within budget.
Courses in: Water
Relevant Project Experience
Science and Public
Various Public Works Projects, Santa Fe Springs, California. Assistant Municipal Services
Works involving Traffic
Control Safety,
Manager. Mr. Espinoza assisted the Municipal Yard Manager and the Water Utilities
Concrete, Asphalt
Manager in the management of 62 Public Works employees. In addition, in the two years
Trees, Storm Systems
prior to his retirement from the City, he managed the entire yard on his own.
IPIA Training Courses
Various Projects for Public Works Maintenance Division, City of Santa Fe Springs, California.
A WWA Training Courses
Streets/Grounds Superintendent. Mr. Espinoza planned, organized, and evaluated
Maintenance Operations and its staff. He provided leadership to develop and retain highly -
City of Santa Fe Springs
competent, customer service -oriented staff through daily practices and staff training. He
Supervisor Training
inspected the work of Contractors and City personnel to identify issues and take corrective
Courses
action. He assisted with City remediation projects involving reconstruction of asphalt, curb
ASSOCIATIONS
and gutter, and sidewalks. He managed the ballfield maintenance projects and the Public
Member of Municipal
Works fleet. He also managed the contracts for Graffiti removal, Complete Landscape, West
Superintendents
Coast Arborist, and Nationwide Environmental Services. He responded to inquiries and
Association (MSA)
complaints from the public, the City, and Contractors and assisted in budget preparation.
PROFESSIONAL
Various Projects for Water Utility Division, City of Santa Fe Springs, California. Water Utility
CERTIFICATIONS
Distribution Supervisor. Mr. Espinoza managed and supervised the City's water distribution
State Certified in Water
system, including directing installation of new water mains and water service connections.
Treatment (1)
He oversaw the maintenance of the underpass storm pumps to meet NPDES standards. He
managed the overall operational, budgetary, and financial responsibilities of each new water
State Certified in Water
Distribution (2)
service installation. He planned and implemented systems that performed the work and
fulfilled the goals of the department with safety and efficiency in mind. He performed
emergency repairs and stand-by responsibilities, as well as training and preparedness for
major disasters. He trained personnel in safety and policy issues.
Various Projects for Water Utility Division, City of Santa Fe Springs, California. Water Utility
Maintenance Worker. Mr. Espinoza performed labor and maintenance throughout the City's
water distribution system, including emergency repairs of water infrastructure, hydrants,
meters and pumps. He was responsible for traffic control, confined space entries, pool
maintenance and customer service complaints. In addition, he safely operated a variety of
City vehicles, tools and heavy equipment. He assisted in the development of the City's
apprentice program.
Various Projects, Design Concepts Consulting, Inc. in Irwindale and GK & Associates in
Diamond Bar, California. After retirement from the City of Santa Fe Springs, Mr. Espinoza
has worked for two consulting firms in the public works/municipality fields in construction
management and construction inspection.
Proposal for On -Call Inspection Services 13
RFP No. 24-56
Justin Parent
Construction Inspector/Special Inspector
CERTIFICATIONS
Mr. Justin Parent has 15 years' experience in public works construction, specializing in
Master of Special
concrete, masonry, and structural inspection, monitoring for compliance to approved plans
Inspection, ICC
and specifications and maintaining documentation of construction and inspection activities.
#8095138
He has been a Special Inspector for 12 years and is certified in Structural Welding, Steel and
Bolting, Reinforced Concrete, and Masonry. He has deep knowledge of construction
Radiation Safety and
Nuke Gauge Training
techniques and understands blueprints, codes, and applicable manuals. Mr. Parent possesses
great attention to detail, works well with contractors and cities, and has excellent technical
Structural welding
and communication skills.
Special Inspector (S2),
ICC#8095138)
Relevant Project Experience
Structural Steel and
BUSD, Mayfair High School Steam Center, Lakewood, California. Special materials inspector
Bolting Special Inspector
- A new 77,566 square foot, 2-story STEAM Building with 42,284 square foot first floor and
(Sl), ICC#8095138
35,282 square foot second floor. Structural Steel Building.
Reinforced Concrete
Kinesiology & Athletics Complex, Orange Coast College, Costa Mesa, California. Special
Special Inspector, ICC
materials inspector -The project is comprised of 1, 65 meter X 75'-1" competition long course
#8095138
swimming pool, 1, 25 yard X 75'-1" instructional / therapy pool, deck canopy shade structure,
Structural Masonry
3, buildings, 1, exterior storage enclosure, 1, exterior deck shower enclosure, 3, areas or
Special Inspector,
parking alterations and site improvements including, 1, 16' max high soldier pile retaining
ICC#8095138
wall.
ACI Concrete Field
Testing Technician
Language Arts and Social Science Building, Orange Coast College, Costa Mesa, California.
Grade 1, #01150639
Special materials inspector - The completion of a $61.5 million Language Arts and Social
Science Building at Orange Coast College (OCC). The three-story, 107,760-square-foot facility
General Education
houses classrooms, office spaces, conferences rooms and support spaces, including a
Development
computer lab for English as a Second Language, facilities for speech, debate and theater, and
#05202005ET0433
a journalism newsroom for the college's student -run newspaper, Coast Report.
LS YEARS OF
Palm Springs Fire Station No. 4, Palm Springs, California. Special materials inspector - A
new multi -story wood framed building. After completion Fire Station # 4 reopened to
continue its legacy of almost 5 decades of service to the south end of Palm Springs.
Soboba Casino, San Jacinto, California. Special materials inspector - A new casino with a
new structural steel 6-story hotel. The new casino will feature up to 2,000 slot machines on
an 83,500-square-footgamingfloor. The entire resort will span 480,000 square feet and
include a 200-room hotel. The new Soboba Resort will also feature a banquet center for
events and a variety of cafes and bars.
Planetarium, Orange Coast College, Costa Mesa, California. Special materials inspector - A
12,124 SF planetarium building is intended to be an iconic statement which will stimulate and
educate individuals of all ages and backgrounds in the world of science. The workshop has a
wide range of faculty from science, math, art, music, humanities, administrators, staff and
community representatives. It also houses a 130-seat immersive theatre/planetarium, a
Foucault pendulum, exhibit areas and staff support.
Hero's Hall, Orange County Fairgrounds, Costa Mesa, California. Special materials inspector
- Heroes Hall consists of 3,600 square feet of exhibition space as well as the Medal of Honor
Courtyard and Walk of Honor which feature 51000 square feet of space conducive for events
and larger gatherings.
401
Proposal for On -Call Inspection Services 14
RFP No. 24-56
Roy Shaver, PE
Construction Manager
Mr. Roy Shaver is a veteran of the construction and environmental field. With his years of
experience and dedication to fostering collaborative working relationships, Mr. Shaver has
developed a reputation for being an effective team player. He has a talent for bringing
EDUCATION
together individuals with diverse backgrounds and skill sets, helping them to work together
BS, Civil Engineering,
towards a common goal. As a respected member of the Fresno PMI and PECG Chapters, Mr.
California State
Shaver demonstrated a strong commitment to serving his community and fellow employees.
University, Chico
He has held multiple leadership positions within these organizations, using his skills to
promote the growth and success of the local project management and engineering
CERTIFICATIONS
communities. As a Caltrans employee for over two decades, Mr. Shaver's expertise in field
Civil Engineer, California
construction inspection was invaluable to the organization. He worked across multiple
No. 44587
divisions, including Construction, Geotechnical, and Environmental.
PMP from PMI (2005 to Relevant Project Experience
2020), PMI Subject
Matter Expert for Risk Senior Transportation Engineer/Project Manager, California Dept. of Transportation As a
Management
Caltrans employee for over two decades, Mr. Shaver's expertise in field construction
inspection was invaluable to the organization. He worked across multiple divisions, including
OSHA 40 hour and
Construction, Geotechnical, and Environmental, and played a key role in the completion of
Confined Space
the Prunedale Improvement Project. During the project, Mr. Shaver worked closely with
ICBO Reinforced
contractors, county officials, and other stakeholders to ensure that construction was carried
Concrete
out safely and efficiently. During the early stages of his Caltrans career, he worked as the lead
field inspector on a 10-mile 3R project on Highway 33. This project featured a rubberized
Asphalt Concrete
asphalt concrete (RAC) paving test strip, which Mr. Shaver inspected and provided results
Inspection and Testing
certifications offered by
that influenced future statewide specifications and policy for the use of RAC.
Caltrans
Mr. Shaver's experience as the D5 Constructability Reviewer for the Construction Division
Nuclear Density Gauge
demonstrated his exceptional skills in plan and specification reading and interpretation,
certified
construction inspection and management. He provided valuable comments and
recommendations to designers through plan, specification, estimate, and CPM schedule
Phase I Environmental
reviews for every D5 project in the design phase of development. His expertise in
Site Assessor (State of
construction management and field inspection allowed him to identify potential construction
California)
issues early on, leading to improved project outcomes and increased efficiency.
Post -Disaster Building
Assessor (ColOES)
As a Central Region Project Manager, Mr. Shaver managed up to 15 transportation projects
simultaneously across 11 California Counties, with a total worth of up to $250M. His expertise
in construction management and field inspection allowed him to provide technical reviews
..0 YEARS OF EXPERIENCE
and guidance, ensuring that all projects were delivered on schedule, within budget, and to
the highest quality standards. His attention to detail and ability to effectively manage project
scope, cost, and schedule were key to his success in this role.
Proposal for On -Call Inspection Services
Nh/ RFP No. 24-56
15
City P of Newport Beach
Arne Cvec, Jr.
Construction Manager/Inspector
Mr. Arne Cvek Jr. is a versatile, dynamic construction professional skilled in full lifecycle
project management. He utilizes his extensive education, field knowledge and leadership
skills in designing and implementing projects and plans, using cost-effective tools and
EDUCATION techniques, dealing with contractors, staff and efficiency to solve complex problems in order
Master of Science, to bring maximum efficiency to the projects he's involved on. He works closely with team
Construction members, effectively accomplishing assigned responsibilities.
Management, Louisiana
State University Relevant Project Experience
Certificate in
Quality Control Manager — Private Firm, CA Mr. Cvek was tasked with identification and
Construction
adherence to contract specifications to provide Los Angeles World Airport with a quality
Management Louisiana
product on Terminal Cores and Automated People Mover. He actively engaged LAWA QA
State University
personnel at project meetings to promote transparency and encourage collaboration. He was
Bachelor of Science,
the primary point of contact for LAWA for all issues concerning the Quality Control Program.
Biology, University of
Mr. Cvek worked with Consultants, Superintendents, and Engineers to coordinate all Quality
Colorado, Boulder
Control activities, including inspections, tests, meetings, and maintenance of the test and
inspection schedules.
Contract Administrator — City of Santa Ana, CA. Mr. Cvek executed comprehensive contract
and plan reviews. He was tasked with delineating construction and legal requirements,
conveying technical specifications to maintenance, building, and landscape contractors, as
well as electrical, mechanical, and plumbing trades personnel. As part of his work, he
evaluated and reported contractor compliance with contract provisions, conditions, and
municipal codes. Mr. Cvek also determined and investigated code or contract violations,
provided recommendations for corrective actions. He developed, reviewed, and
implemented contract proposals and assist with design -build plans for various PWA projects.
This also included reviewing and providing recommendations for bid proposals upon bid
opening.
Project Manager, Private Construction Firms, CA. Mr. Cvek led interior and exterior
renovations for multi -family dwellings. He oversaw hiring, scheduling, fleet management, and
material procurements to ensure diverse projects including drywall, painting, basic electrical,
fencing, and installation of doors and handrails were completed according to schedule. Mr.
Cvek spearheaded diverse residential construction and renovation projects, and progressed
from laborer to project lead as he gained more experience. This also included skills in
installation of flooring, drywall, plumbing fixtures, electrical outlets, and lighting, door, casing,
and baseboard finish carpentry.
Proposal for On -Call Inspection Services 16
)V RFP No. 24-S6
EXHIBIT B
SCHEDULE OF BILLING RATES
Willdan Engineering Page B-1
WW I LLDAN
Technical Aide I
Technical Aide II
Technical Aide III
CAD Operator I
CAD Operator II
CAD Operator III
GIS Analyst I
GIS Analyst II
GIS Analyst III
Environmental Analyst I
Environmental Analyst II
Environmental Analyst III
Environmental Specialist
Designer I
Designer II
Senior Designer I
Senior Designer II
Design Manager
Senior Design Manager
Project Manager I
Project Manager II
Project Manager III
Project Manager IV
Principal Project Manager
Program Manager I
Program Manager II
Program Manager III
Assistant Engineer I
Assistant Engineer II
Assistant Engineer III
Assistant Engineer IV
Associate Engineer I
Associate Engineer II
Associate Engineer III
Senior Engineer I
Senior Engineer II
Senior Engineer III
Senior Engineer IV
Supervising Engineer
Traffic Engineer
Traffic Engineer II
City Engineer I
City Engineer II
Deputy Director
Director
Principal Engineer
WILLDAN ENGINEERING
Schedule of Hourly Rates
Effective July 1, 2023 to June 30, 2024
$77
Assistant Code Enforcement Officer
$100
Code Enforcement Officer
$120
Senior Code Enforcement Officer
$126
Supervisor Code Enforcement
$146
Plans Examiner Aide
$162
Plans Examiner
$164
Senior Plans Examiner
$180
Assistant Construction Permit Specialist
$191
Construction Permit Specialist
$140
Senior Construction Permit Specialist
$157
Supervising Construction Permit
$166
Specialist
$180
Assistant Building Inspector
$168
Building Inspector
$174
Senior Building Inspector
$184
Supervising Building Inspector
$193
Inspector of Record
$191
Deputy Building Official
$198
Building Official
$177
Plan Check Engineer
$197
Supervising Plan Check Engineer
$207
Principal Project Manager
$223
Deputy Director
$227
Director
$197
$209
CDBG Technician
$228
CDBG Specialists
$137
CDBG Analyst
$153
CDBG Coordinator
$161
CDBG Manager
$170
Housing Programs Coordinator
$179
Planning Technician
$186
Assistant Planner
$190
Associate Planner
$194
Senior Planner
$198
Principal Planner
$201
Planning Manager
$204
Deputy Director
$209
Director
$209
$223
Administrative Assistant 1
$223
Administrative Assistant II
$227
Administrative Assistant III
$231
Project Accountant 1
$237
Project Accountant 11
$257
Project Controller I
Project Controller 11
$103
$118
$139
$168
$110
$168
$184
$118
$124
$146
$154
$139
$154
$168
$184
$196
$196
$198
$192
$194
$227
$231
$237
$82
$98
$116
$144
$174
$144
$123
$154
$168
$191
$198
$211
$231
$237
S95
$114
$133
$107
$125
$133
$150
Labor Compliance Specialist
$139
Labor Compliance Manager
$174
Utility Coordinator
$167
Office Engineer 1
$140
Office Engineer 11
$159
Assistant Construction Manager
$152
Construction Manager
$176
Senior Construction Manager
$191
Resident Engineer 1
$198
Resident Engineer II
$206
Project Manager IV
$223
Deputy Director
$231
Director
$237
Public Works Observer "
$125
Public Works Observer ""
$151
Senior Public Works Observer"
$136
Senior Public Works Observer —
$151
Survey Analyst 1
$143
Survey Analyst II
$164
Senior Survey Analyst
$187
Supervisor - Survey & Mapping
$197
Principal Project Manager
$227
Assistant Landscape Architect
$146
Associate Landscape Architect
$168
Senior Landscape Architect
$184
Principal Landscape Architect
$195
Principal Project Manager
$227
For Non -Prevailing Wage Project "' For Prevailing Wage Project
Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FfR mileage reimbursement rate, subject to negotiation.
Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances
will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 limes the standard rates. Blueprinting,
reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to
the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2023 thin June 30. 2024, thereafter, the rates
may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/SacramentoiSan Francisco/San
Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations.
Annual rate increases shall not exceed 5% of the rates in effect immediately preceding any such raise. Wilidan shall proivide piror written notice of annual rate
increases to City prior to such rates becoming effective.
Any and all mileage/field vehicle usage, overtime, holiday pay, messenger services, printing costs, subconsultant managment fees, and any other expenses, costs, fees
or reimbursements of any nature whatsoever must be pre -approved by City in writing.
FEE SCHEDULE - Proposal for On -Call Inspection Services
RFP No. 24-56
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Contract, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply and
that coverage does not meet these requirements, Consultant agrees to amend,
supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for
bodily injury by disease in accordance with the laws of the State of
California.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate. The policy shall cover liability arising from premises,
operations, personal and advertising injury, and liability assumed under
an insured contract (including the tort liability of another assumed in a
business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
Willdan Engineering Page C-1
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount
of two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity
date, or retroactive date must be before the Effective Date of this
Agreement and Consultant agrees to maintain continuous coverage
through a period no less than three years after completion of the
Services required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Consultant's primary and excess/umbrella liability policies are
exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents,
volunteers and employees, or shall specifically allow Consultant or
others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its
subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess/umbrella liability, pollution
liability, and automobile liability, if required, but not including professional
liability, shall provide or be endorsed to provide that City, its City Council,
boards and commissions, officers, agents, volunteers and employees
shall be included as additional insureds under such policies.
Willdan Engineering Page C-2
C. Primary and Non -Contributory. Consultant's insurance coverage shall
be primary insurance and/or the primary source of recovery with respect
to the City, its City Council, boards and commissions, officers, agents,
volunteers and employees. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regular City business days after the date on the
"Notification of Award". Insurance certificates and endorsements must
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with
City at all times during the term of this Contract. The certificates and
endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. At least fifteen
(15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
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. City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types
of insurance required by giving Consultant ninety (90) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
Willdan Engineering Page C-3
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Consultant. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City.
F. Self -Insured Retentions. Any self -insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed
until proper evidence of insurance is provided. Any amounts paid by
City shall, at City's sole option, be deducted from amounts payable to
Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Contract, and that involve or may
Willdan Engineering Page C-4
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
Willdan Engineering Page C-5
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