Extension of Professional Services Agreement with Willdan

i
i
April 21 , 20°I4
Agenda Report
I
t
fo:
Mayor S
Via:
erri
L
t
r
L. Graham- Nt jia &
Mernbers of the CiBy Council
ret IVI. Plus lee, City Manag r
From:
Steven A. Meracloza, Cornrnunity Developet ent/Publ6c l Aorks Director
Subject:
Extensanrr
of
Prafessional
Sere+ices
A,greemer t
sNith
U lilldan
EngBneer6ng for City Engineer Serrrices
Sumlvl ry: This item is to consider continuing services with Willdan Engineering to ;
Iprovide Engineering services. The current Professional Services Agreement ( PSA)
expires on June 30, 2014, but can be extended b
mutual a reement.
ReCOttlrYletid tioll: Authorize the Mayor to execute Amendment No. 2 of the PSA
with Willdan En ineering for Engine2ring services.
ackgroaand
Willdan Engineering has been providing Engineering services to the City of Los
Alamitos since January 19, 2010 through a Professional Services Agreement ( PSA).
The PSA solidified 4he following terms:
s
95. 00 per hour up to 30 hours per week
Attendance at City Council meetings at no costs
Clear undersfianding that Willdan Engineering will offer Engineering Services for
select capital improvement projects not to exceed the budgeted design cost of
each CIP project subject to City Manager acceptance of submitted scope of
work.
The PSA expires on June 30, 2014, but can be extended by mutual agre2ment. Staff
has been very satisfied with the service provided by Willdan Engineering and believes
r. Dave Hunt has been a great complimenY to the City' s Capital Improvement Projects
and other Engineering duties.
Willdan Engineering has agreed to provide continued service at the rate of $ 95. 00 per
hour, far below its
usual
rate of $ 200 per
hour. The
attached
Amendment No. 2 to the
PSA extends the City' s contractual relationship with Willdan Engineering for one year at
the same terms mentioned above, with no increase in rates.
Extension of the agreement for engineering services ensures the containment of costs,
promotes continuity by keeping the service in place, and gives Staff the opportunity to
further evaluate the scope of services for possible future savings as we work to stabilize
the organization.
Fiscal Impact
The City's proposed budget reflects an amount of $ 50, 000. 00 for the City Engineer.
The remainder of the funding is billed to the Capital Improvement Projects completed by
Willdan Engineering.
Submitted By:
Fiscal Impact Reviewed By:
Steven A. Mendoza
Glenn Steinbrink
Community
DevelopmenU
Pubiic Works Director
Interim Administrative Services
Director
Approved By:
7y
p
i
f./'
f%
l}`
/
r"
7
'
a.
Bret M: Plumlee
City Manager
Attachments:
1. Amendment No. 2— Willdan Engineering
2. Amendment No. 1 — Willdan Engineering
3. Professional Services Agreement— Wiildan Engineering
l,illkd
am
inr€enim
pti119L11„
Dtl b
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ttacnment
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
City of Los Alamitos and Willdan Engineering)
This Amendment No. 2 f`Amendmenf
to Professional Services Agreement
f`Agreemenf is made on this ist day of July, 2014, at Los Alamitos, California, by and
between the City of Los Alamitos, a municipal corporation, 3191 Katella Ave., Los
f`Cit and Willdan Engineering, a California corporation,
2401 East Katella Ave., Suite 450, Anaheim, CA 92806 f`Contractoi.
Alamitos, California 90720
This" Amendmenf' modifies the original`Agreemenf' between the" Cit};' and the" Contracto'
dated February 7, 2011, in the following fashion:
Git' and" ContracYo@' desire to amend Che" Agreemenf' by modifying section 3. 4—Expiration
Date of the" Agreement' to read as follows:
3. 4
` FYpirarion Dat': June 30, 2015.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly
autkorized represenYatives to execute this Agreement on the dates set forth below.
City"
City of Los
Consultant"
Willdan Engineering
Alamitos
BY:
By:
David L. Hunt, Sx. Vice Presi
Gerri L. Graham- Mejia, Mayor
Date: _-
Date:
4——`--
By:
1
Kate
Date:
Attest:
By:
Windmera Quintanar, City Clerk
Date:
Approved as to form:
By:
Cary S.
Reisman,
City Attorney
Nguy ,
°/
,.'".
cretary
J
nt
4ttachment 2
RM, l!' DMENT T xo. # 1 ' i'O FRO
SSIONAL SERVTCTS AGREEiVI?
T
City of Las Alamitos and Willdan Ergineering}
This Amendment No.
Agreement")
1 ("
Ame' ndment")
to Professional Services Agreement
is rnade on this 1s` day of 1uly, 2012, at Los Atainitos, California, by and
between fhe City of Los Alamitos, a municipal c r oratiot, 3191 Katetla Avc., Los
AlamiYOS, Califamia 90726 (" City") and Witldan En ineering, a California corporatioiz,
2401 Eaet Katella Ave., Suite 450, Anaheim,, CA 92806( " Conhactor").
This " Amendment" modifies fhe origina( " AgreemenY' beYwean the " Ci1y" and The
Contractor'" daCed Pebruary 7, 2011, in the follawing fashiou:
Ciry" a xd " Conh actor" desize to arnend tlae " Agreen7ent" by nZOdifying section 3. 4 —
Exuiration Uate of the " Agxeamei Y' t'o raad as follows:
3. 4
"
Expiration Date": 7una 30. 2014.
Page l of Z
insa
3. i
Professiona! Services Agreement
City ai Los Alamitos/ Willdan Engineerrng
1"C3 EFFEC"I'UA'1' li 'THTS AG[ tF,EM NT, the parties ha+ e cat sed Cheix dc ly
authorized regresenYatives to execi te this AgrcemenE on the dates seC forth below.
C.ity"
City
I3y:
of
Cousultant"
Los Alamitos
Troy
I7ate: _ '
Willd
+',
ngi eering
e,.
D. Edgar
Faave Htiu t, Sr. Vice Presadcnt
ayar
1-i .
llate:-
Q 2°` --
i'_,
gY: /'"
Roy Gill, Secretary/ Treasur r
Date;
11 Z---
Altest:
Y: —
Angie Avery, ` ity C'lerk
Date: '
Approve
C
Z--
as to form:
y
San
J. Levin,
2. fl
i
tCorisay
F7%
Page 2 of 2
108313. 1
Attachmen 3
PROF
SS ONAL SERVICE3 AGI:
EMA NT
City of Los Alam3tos/ Willdan Engineering)
1.
IDENT
ICEtTION
THZS PROF'ESSIONAL STRVICES AGREEMFNT (" Agreement") is entered izifo by
and between tha City of Lo Alamrtos, a California municipal corporation (" City") and Willdan
Engineering, a California Corporations (" ConsultanP'}.
R CITAI,S
2.
2 1
Cify wish to extent the Agreement fox getiexal engineering services, entered into
wiCh Coaasultant on Jativary 20, 2010.
CiYy doe not inCent the Consultant to be an officer or empIoyee o£ the
2. 2
ity as a
result af the ; eneral engineering services provided pursuant to fhe Agreement.
Keranedy v. City vf Gustine, 199 Ca1. 251 { 1926); Staheli v. City of Pedondo
eaeh, 131 Cal. App. 71 ( 1933}.
2. 3
Consultani represents that it is fuily qualified ta perfonn such professional
services by ti irYUe af iES experience and tlae traini7 g, education and expertise oP its
principals and employees. ConsultanY furthes represenfs t1 aY it is willing to accept
responsihility for performing such serviaes in accordance with the terms and
canditians set forth in this Agreement.
V4) 3', TH REFQRE, for and in consideration of Yhe mutual eovenants and co aditions herein
coiitained, City a id Coilsultant agree as follows:
3.
EF`INITIONS
Scope of Services": Such professionai services as are set forth in Cansultani' s
3. 1 "
3anuary 18, 2010 proposal to City attachecl hereTO as Exl ibit A and incorporated
herein by fhis refcrenee.
3. 2
3. 3
4.
"
"
Commencement DaL l': February 7, 2011
Expiration Date": June 3E}, 2012.
TER 4
The term of this Agreement sl atl commerxce a2 12: 40 a.sn. on Che
and shalf expire at 1 I: 59 p.m. on the
ommencement Datc
xpiration I7ata un(ess extended by written agreement of
the pal ties ax terminated earlier in accordance with Section 17 (" Termination") betow.
APPROVGD POR OSF MN 2007
96720. 7
Professional Services Agreement
Ciry of Los Alamitos/ Willdan Engineering
5.
CON ULTANT' S
3. I
RVICES
CousLiltant shall pe;r tarrn Che services ideiitified in the Soope of Services and in
this Sectian 5 af the Agreement. City shall have the right ta reqaas, in writin,
changes in the Scope of Services. Any such changes mutually agreed upon by the
parties, and any corresponding inoraase or dacreasa in compensation, shai3 be
incorporated by written amendment to this Agreement. In no event shall th tatal
comperasation a id costs payable to CansultanY undcr thas Agreernent exceed the
suln af o1 e
hundred
aud
twenty
thousand
dc llars ($
120, 000) unless specifica(ly
approved in advaa?ce and ia writing by City.
52
Consuitant shall obtain a Ciry business license priox ta comm nciiig erformance
under this Agreement.
5. 3
Cousuttant shall perform all work to tY e highest professional standards of
Consultant' s profession and in a manner reasonably satisfactory to City.
Consu2tant shall comply with all applicable federal, state and local laws and
regulations.
5. 4
During the eerm of this Agreement, Consultant shall noc perform any work for
ano#her person or entity for wham Cansultanl was not working at the
CamrnencemenT Date if both ( i) such work would reqnirc Consultant ta abstain
from a decision under this Agreemenl pursuant Co a coizfiicf of interest statute and
ii} City has not consented in writing to Consultant' s performance af such work.
5. 5
ConsultanY represents that it has, nr will s cure at its own expense, all personnel
required to perfo• m the serv ces idenfifed i,n the Scope of SeTVices. All such
seroices shall be perfarmed by Consultant or under its supervision, and all
persoi nel engaged in the woric sha11 be qualified to perform such services. bavid
L. Hunt shali be Consultant' s project administrator and shall have direct
responsibility
Agreement.
for
management
of Consultant' s
performa ce
under
this
No change shall be made in ConSUltant' s project administrator
withotirt Cify' s prior written canseilC.
S. 6
Cansulcant shall attend City Council meetings at no additional costs. Consulta it
shall further offer engineering services for selecC capital improven ent projeets,
not to exceed the design bud eC o£ eaeh such project and subject to the City
Manage• appraval of a scope of work submitted by Consultant.
6.
CORIPEN r TION
61
City agrees ta } rovide campensatian ta the Consultalit for he services provided.
under this Agreement, in the amount af$ 95. 00 per hour up io 30 hours per week,
and Consultant agrees co ace,: pt s ich paymcnts as full satisfaction for such services.
Page 2 of 11 9G720. 1
Professional Services Agreement
CiCy of Los Alamitos/ Willdan L;ngineeeing
6.2
Consaltant shall suhmit to City an invoice, on a monthly basis oi less frequently,
for the services performe t pursuant to this Agreement. Each invoice shall itemize
tha services reiidered during the billilzg period and the amount dnc. City shall not
withhald applicable taxes or other authorized deductions from payments made to
Consultant.
G3
Payments for any services requested by City and not included in the Scape of
Seroices shati be made to Consultant by City on a t'rme- arld-materia.Is basis using
Consultant' s standard fee schedule. Consnitant sha11 be enritled Ca inerease Yhe
fees in ch9s fee schedule at such time as it inereases its fees for its clients
generally; provided, however, in na event shall Cousultaiit be entitled Ya inerease
fees for serviccs rendc;r d before the thirYieth day after Consnitant notifies City in
writing of an incre se an that fee achedule.
7.
Q`v NERSHIP OF WRITTEN PRd
TJCTS
Atl reports, docurnents or other written material {" written praducts' herein) developed by
Cox sul2a at ia7 Che performance o f this Agreement shall be aild remain the aroper ty of City
witl.aaC resCriction or limitaeian upon its use or dissemination by City. Consultant may take and
retain cc pies of snch writCen products as desired, but ao such written producfs sha11 be thc
subj; cT of a copyright application by Consultanf.
f3.
l ELATIONSHIP OF PARTIES
ConsultanY is, and shail at all times ramain as to City, a wholly independenY contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otl erwise to act on behalf of City as an agent. Neither Gity nor any of its agents shall have
control over the conduct of Consullant or a y of Consultant' s employees, except as set forth in
this Agreement. Consullant shall nof represent thaC it is, or that any of its agents or employees
are, i i ai7y rnanner employees ofCity.
9.
CONFTDENTIALITI'
All data, documents, ciiscussion, or other infonnafion developed or received by
Consultant or provided for performance of this Agreement are deemed confidenYial and sha11 not
be diselosed by Consultant without prior written consent by City. City shall grant such consent
i£ disclosixee is legally xequired. Upon request, a11 City data shall be returned to City upon the
Yerrnination or expiration of This Agreement.
1( i.
I VDEM(NIFICA'1Cfl£ N
10. 1 '
I'he paxlies agrae khat Clty, its officers, agents, employees and voiunteers should,
to Che fullest extent perinitted by 1aw, be protected from any and all loss, injury,
dzunaga, claim, 1r w5uit, co t, expense, attorneys' faes, litigation costs, or auy
other ec sY arising vuC of or in any way related to the performance of tlus
Page 3 of r l 96726. t
Professional Services Agreement
C+ty of Los Alamrtos/ Willdaa ngineering
Agreement. Accordingiq, thc provisions af this indemnity provision are intended
by the parties to be interpreted and construed to provide the City with the fullest
protection possi( le under the law. Consultant acknowledges that Citv would iiot
enter into this Agrsement in the absence of Consultant' s commitrl ent to
indemnify anci pratect City as set forth hereit.
10. 2
To Ehe fuilest exte t permitted by law, Consultani sL all indemnify, hold harrnless,
and when the City requests with respect to a clairn provide a depos'rY Par the
defense of, and defend City, its offcars, agents, employees and volunteers from
a 3d against any and al1 claims and losses, costs or e penses for aily damage due to
deaCh or injnry to any person, whether physical, emotional, consequential or
atherwise, and injury to any property arising out of or in cannection with
Consultant' s aIleged nagligence, recklessness or wi11fu1 misconduct or a2her
wroi gful acfs, errors or omissions of onsultant ar any of its officers, employees,
servants, agentis, or subcontractors, or anyone directty or indirectly employred by
either Consuiiant or its subcontracCors, in the perfarmance a£ this Agree nent or
its failure to comply w'sth any of its obligations containad in this Agreement,
except sucl lass or damage as is caused by the sole act ve negli; ence oe willfnl
misconduct of the
City. Such costs and expenses shall include reasonable
attorneys' fees due to counsel of City' s choice, expert fees and all other casts and
fees of Iitigatian.
I03
Gity shall have tha right ta offset against any compensation due ConeultanY nnder
this Agreames t any aznount due City fram Consc ltant as a result of Consulfant' s
failure to pay City promptly any indemnification arising under this Seetion 10 and
any amount due City from Consultant arising froin Consultant' s failure either to
i) pay taxes on amounts received pursuant to this Agreeiiaent or ( ii) comply with
applicable workers' compensation 1aws.
1Q. 4
The abligatians of Consultant under this Seetian l0 are noti limited by the
peovisions of any workers' compensation act or similar aet. C; onsulfant oxpressly
waives its statutor5 immttni y under suek statutes or laws as to City, ifs fficars,
agents, employees aud volanteers.
105
Consultant agrees to obtain executed indemnity agreements with provisicans
identicat to those set forth here ii1 this Section 10 from each and every
subcont•acCor or any other person or entity iilvolved Uy, for, with or on behalf of
Consultant in the perfarn7anee of this A reement. If Consultant fails to obtain
such indemnity ahligatians from others as requirad herein, Consultant agrees to be
fully responsible and indenmify, hold harmless and defend City, its of eers,
agents, emplayees and voIunteers from and against any and all claims and losses,
costs or expenses for ariy damage due to death or injury to any person and injnry
to auy
roperiy resulting frc nl any alleged intentionai, reckless, negligent, or
otherwise wrc n ful acte, errors or omissions of Const itant' s sLibcontractors or
I' age 4 of 1' I va zo.
Professionai Services Agreemen#
City of tos A1amlCos/ Wi71dat1 Ei gineei iug
any othez p rsan or entity involved by, for, wi
or on behalf of Consultant in the
performance of thls Agreemeat. Such costs and expenses shall incFude reasonable
attorneys' ,fces incurred by counsel of City' s choice.
10. 6
City daes nat, and shall not, waive any rights that it may possess against
ConsulTant because of the aeceptance by City, or the deposit with City, of any
insurance policy Qr aertificate required pnrsuant to this Agreement. This hold
harmIess and indemzaification provision shalI apply i°egardless af wi ether or not
any insurance policies are determined to be applicablc to the claim, demand,
damage, Iiability, loss, eost or expeuse.
11.
INSURAlVCE
11. I
Duriilg the term of this Agreement, Consultani sha11 carry, maintain, and keep in
full force and effect insurance against claims for death or injuries to persons or
damages to pr,operty that may arise from or in cannection with Consultant' s
performance of this Agreement.
Such insurance skaIi be of the types and in Yhe
ttmounts as set forth' beIow;
11. 1. 1 Comprehensive General Liabilify lnst rance with coverage limits of not
less than One Million Ddllars ($ 1, 000, 000) includiiig praducts and
opexations hazard, cantractual insurance, broad form property damage,
independent consultauts, pexsonal injury, underground hazartl, and
explosion and collapse hazard whaxe appiicahte.
1 L 1. 2 Automobile Liability Insurauce for vehicles used iu eonneetioi wiYh the
performance of this .Agreement wiTh miniinum limits of dne Millian
Dollars ($ 1, 000, 00( 7}
per c(aimant
and (
3ne Million dollars ($ 1, 00O, OOd}
per incident.
I 1. 1. 3 Worker' s Conipensation insurance as reqixired by the laws of the StaYe of
California.
11. 1. 4 Professianal Errors and Qznissions Tnsuranee wilh coveraga limits of not
less than One Million I ollars ( a1, 00(7, Q00}.
i l. 2
Cos7snitaill shall require each of its subcontractors to maintain insurance coverage
that meets all of the requirements of this Agreement.
11. 3
The policy or policies required by this Agreement shall bc issued by au insurer
adtn2tted in the State af Cali.fornia and witb a raling of at teast A:VII in the Iatest
edition o£ 13esYs Insurance Guide.
11. 4
Consnitaiit agrees that if it does not keep the aforesaid insuranee in fuli force and
effect, Ci1y may either ( i) immediately terminate C} tis A xeement or ( ii) take out
Page 5 of ll -
96720. 1
Professional Services Agreement
City of Los Alamitas l Willdan Engineerin?
the necessary insurvzce and pay the premium thereon at Consultant' s expense.
1 LS
At a11 times durin
Che Term of 111is Agreement, Consuliant shall maintain on file
with City' s Risk Mana er a cerCifioate or certificates of ansnrance showing that
Che afoxesaid poIieies are in effect in Yhe required anzounts and naming tlle Ci1y
and its officers, employees, agenls and volunteers as additional insureds.
Consultttnt shaIl, prior to cammencement of wark under this Agreemeut, file witn
Ci#y' s I2isk ivfanager such oevlificate( s).
1 I. 6
ConsultanY shall provide proof that palicies of insurance required hotein expiring
during the term of this Agreement have 6een renewed or replaced with other
poIieies providi,ng at least the same coverage. Sucl2 proof wiil be furraished at
Ieast two week5 pric r to the expiration of the caverages.
11. 7
The general Iiability a id automqbile policies of insuranc,e required by this
Agreement shall contain an endorsement naruing CiCy and its officers, employees,
agents aasd c oltzuCeer
as addi2ioizal insureds. All of the policies required under
this A reement shall cantain an endorsement providin that the policies cannoC be
canceled or z duced except on thirty days' prior written iotice to City. Consulfant
agrees to require its insurer to modify the certificates of insurance to deleTe a zy
exculpatory wording stating tbat failute o£ the insurer to mail written notice of
cancellafion imposes no obligarion, aald to delete the word " endeavor" with regard
to any nolice pravisions.
11. 8
The insurance provided by Consultant shall be primary Yo any coverage available
fo City. Any insurance or self-insurance maintained by City and/ or its offieers,
emplo rees, agents or volunteers, sha11 be iii exeess of Consultant' s insurance azid
shall not contrihuta with it.
11. 9
All insufance cc verage provided pursuant to this Agreement shall not prohibit
Gousultant, and Consultant' s emi loyees, agents or suUcontracfars, from waiving
ihe zi ht of subrogatian prior to a ] oss. Consultant hereby waives a11 rig'hYs of
snbragatian against the City.
1 L10 Any dednctibles or self-insured ratentions must be daclared to and agproved by
tl e City. At thc option of City, Consulta it skall either reduce or eliminate the
dediictibles ar self-insured retentions widz respect ta Ci1y, or Consulf nt shall
procure a bond i 1 the aulount of the deductible ar selfinsured retention to
guaranLee payment o£ losses and expenses.
1 l 11 Procuremeni of insurance by Consultant shall not be consirued as a limitation of
Consultant' s lia6ility or as fu11 performance f Consaltant' s duties to indenuiify,
hold harmless az?d defend under Section 10 of this Agreement.
Page 6 af i i 96no.
Professional Serv€ces Agreement
CiYy of Los Alamitos/ WiIldan Engii7eering
l2.
MUTUAL CC? PERATI
12. 1
C; ity
N
hall provide Consultant with all peirtina t data documents and other
requested information as is reasonably available for the proper performance of
Consultant' s services under t1 is Agreernent.
12. 2
If an claim or action is brc ught aga'sxvst City rclating to ConsultanYs performance
in connection with this Agreement, Consu3taut shall render any reasonable
assistanee that City inay require in the defense of fhat claim or aation.
13.
I2E' ORBS ANI} INSPECTIQNS
ConsuItant sha11 mainkain full and accurate records with respeet to all matters covered
under this Agreement fcrr a period of three years after the expiration or termination of this
t
eement. City sh ll have the right to access and examine such records, w hout charge, during
normal business hours. City shall fin•ther have the right to auc ii such recards, ta make franseiipts
Cherefi•om anci to inspect all program data, docriments, roceedings, and activities.
14.
PERMITS AND APFROVALS
Consvltant shall obtain, at its sole cost and expense, aIl permits and regulatary appravals
necessary ' For Consultant' s performanee af this Agreement.
This includes, but shall not bc
litnited to, professiona2 licenses, eircroachment pennits and building and safety permi2s and
inspections.
15.
NOTICFS
Any noCiees, bills, invoices, or reports required by this Agreement shall be deerned
received on:
(
i} the day of deiivery if delivered by hand, facsimile or overnight cow ier service
durin Consuitant' s and City' s re ulax businass hours; or{ ii) on the third business day foIlowing
deposi'f ln tl te tJnited States uaail if delivered by inail, pastage prepaid, to the addresses tisted
below( or ta snch other addresses as tl e parties may, from tizne to iirne, designate in writing).
lfto
CiTy
City
of
With cc urtesy co y ta:
Los Alamitos
Los Alamitas Citq Attorney
Colantuono & Levin, P. C.
3191 Katella Avenue
3Q0 S. Grand Ave., Suite
Los AfamiYOS, CA 40'720
27pp
Telepho
Las ingeles, C 1 94471
le: (
562} 431- 3538
Pacsimile; ( 562} 493- 1255
Telephone: ( 213} 5 2- 5700
Pacsis ile: ( 213) 542- 5710
Sandra J. Levii, Esq.
Pa; e 7 of I I 96720. 1
Professional Services Agreement
Cify of Los A(amifos/ Willdan Engineering
Ib.
SURVTVING COVEI TANTS
The parties agree that the covenanfs contained in Section 9, Section 10, I' aragtaph 12. 2
and Section 13 of this Agreement sha] I survive the expiratian or terinination of this Agreement.
17.
TERMINATION
17. 1.
City may termi ate this AgreemenY for any reason on five calendar days' writtan
notiee to ConsuItant. Consultant maq terminate this A reement for any reason on
thirty oaEendar days' written notice to City. ConsulCanY a rees to cease all work
undar this Agreement on or before the effeciive date of any nokice of terminatioii.
All Crty data, daeuments, ohjects, materials or other tan; ible Chings shall be
returned to Cify upon the termination c r expiration of this Ag•eoment.
17. 2
If City terminates Chis Agreement due to no fault or ' ailure of perforinance by
Cansultant, then Consultiant shatl be paid based on the work satisfactorilp
perfarmed at the time af termination. In no event shall Cansuttant be entit3ed ( o
receive more than the amount that would be paid to Consaltant for the full
performance of the services required by this Agreernent.
1$.
GENERAL PROVISIONS
18. 1
Consultant shall not delegate, iransfer, subcontract ar assign its duties or rights
hereunder, either in whole ar in part, wiEhout City' s prior writte consent, and any
attempt to do so sha11 be void and o£ ao ef£eet. City shall not be obligated ar
liable under khis Agreeinent to any party other than Consulfant.
18. 2
In tl e perforinance of this Agreement, Cansultant sl all not discriminate against
any empIoyee, subcontracYc r, or applicanf for einploymen beaause of race, color,
creed, religion, sex, marital sCatus, sexual orientatian, national ori in, ancestry,
age, physical or inenfal disability, medical condition ar any other unlawful basis.
18. 3
The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are descriptive only and for convenience in reference to this
Agreement. Should there Ue aa y conIlict between such heading, and the section
or paragraph thereof ai the head of which it appears, Yhe section or paragraph
thereof, as the case may be, aiid not such heading, shaiI control and govern in the
constrLiction
of
this
A
x
Masculine or feminine pronouns sl all l e
ernsnt.
subsrituted for the neuter forzn aald vice versa, and tk e piural sha11 be substiCuted
for the singular £orm and vice versa, in any place or places hereizi in which the
context requixes sucfa substitutio{
18. 4
s}.
The waiver by City or Consultant c f any breacti of any term, coveisa zt or condifion
herein contained shall not be deemed to be a waiver of suclx term, cove ant or
condition or of any subsequent breach of flie same or az y other tern1, covenant or
Page 8 of 11 ve zo. i
Professional Services Agreement
Cify of Los Alamifos/ Willdan Engineering
eondiflon herein eontained. No term, eovenant or condition of this Agra ment shall
be deemed ta have bean waived by Ciry or Consult<uzt unless in writin.
18. 5
Consultant shall not be liabte for any failure to perform if Consultaizt presents
acceptable evidence, in City' s sole judgmenf, that such failure was due to causes
beyond the control and without the fau1Y crr negl ganee af Consultant.
1&. 6
ach right, power and remedy provided for herein or now ar hereafter existing at
law, in equity, by statute, or otherwise shall be cumulative and strall be in addition
to every other riglit, power, or t emedy provided for herein or now or herea$ er
the
The exereis,
existing at law, in equity, by statute, or otherwise.
commencement of the exercise, or the forbearance of the exercisa by any party af
any one or more of such tights, powers ar remadies shall not preclude fhe
simvltaneous or later exei cise by such party of any c f 11 of suclz other rights,
or remedies.
If legal act on shall be nec;essary to enforee any ter n,
covenaa t or condition hez•ein coniained, the party prevalling in such action, whether
reduced to jud; ment ar not, shall be entitled to its reasonable court costs, inchiding
powers
aecountants' fees, if any, and attorneys' fees expended in such acrion. The venue
for any litigati't n shall be Lo Angeles County, Ca] ifornia and ConsulYant hereby
cot seilfs ta jw isdiction in Los Angeles County for purposes of resolving any
dispute or enforcizig any obligation azisiilg under this Agreement.
18. 7
If any term or provision of this AgreamenY or the application thereaf to any person
or circumstance sha11, to any extent, be invalid or unenforceable, then such term or
provasion shall be amended ta, and splely to, tbe extent necessary to cure such
invalidity or nnenforceability, and in its amended form shall be enforceable. In
such event, the remainder of this Agreement, or 1he application of such tei n or
provisio
ta persons or circumstances othex than those as to which it is held invalid
or unenforceable, shall nut be affected thereby, aizd each Yerm and provision of this
Agreement shall be vaIid axid be e fore d to the fullest extenY pennitted by Iaw.
18. 8
T1 is Agreement slaall Ue govarned and construed in a.ccordance with the laws of fl e
StaEe of Cali1'ornia.
t8. 9
All doeuments referenced as exlvbits in this Agreement are hereby incorporated
into this Agreement. In the evenf of any matei•ial discrepancy between the express
provisions of tllis Agreement and the provisio»s of any document illcotporated
herein by ret'erence, the provisions of this Agr emenC shall prevail. This instrwnent
contaiiss the eutare Agreement between Ciey and Consultant with respect to the
txansactions eontemplated hes•ein.
bin ing upon the parties.
IVo other prior
ral or written agreements are
t mendme 2is bereto or drviatiof s ' herefrom shall be
effeetive and binding only if made in writing and exectiGted by City and Consultant.
Page 9 of 7 I 96720. I
Professionai Seruices Agreement
Cify af Los Alamitos/ Willdan Engineeri ag
7"C1 EFFECTU
T
T1 YIS AGR+
MENT, the parCies have caused their duly an2horized
representatives ta execute this Agreemen on the dates set forth below.
City"
City of Los
Consultant"
Atamitos
Willda Engirzeeri: g
a'
Y ^` ..._....
T{
e
`
cth
s''
Y
Stephei `, Ma.yor
Date: .,_;.
i
1%
Davi
ate:
By:
L. Hunt, Sr. G' ice President
-
,/ .. _
Roy Gili, Secretary/' I'reasurer
Attest:
B
f, ..
,
AdriaJimenez, City Clerk
Date:
C`l i --
Approve
L)' 7-- l
as to form:
By
an
ra
J. Levin,
ty
Ltorney
Dat: c2- 7- t t
Page 10 oF 1 I 9G720. t
.~'
LXHCBIT A
SCOPE OF WORK
A- i
96720. 7
t / p
V 1
q (
C11
Y1t fY1289'
lll
exfending
your
reach
January 18, 201Q
Mr. Jeffrey Stewart
City t fanager
City o# Los Afamitas
3191 Kat lla Avenue
Las Afamitos, CA 90720
Subject:
Proposal to Provide Gity Engineer Services
Dear N3r. Stewart:
As reques#ed, Willdan Engineering {Wilidan) is pleased to submit this proposal to prov+de
the City of Los Alamitas with City Engineer services. Willdan is a private engineering firm
specializing in professianal services to public agencies and currently serves as Gity
Engineer far 23 cities in the Sauthern California area.
Willdan is
pleased
to
continue
ta
offer
Mr. David .
Flunt, P. E., with over 30 years of
municipal engineering axperfence, a serve as City Engineer for the City of os Alamitos.
Wiifdan proposes tq provide Mr. Hunt to the City of Los Alamitos at an haurly biiling rate of
95. 00.
Two originals of this praposal are being submi#fed. Please indicate the City's approval and
autharization ta proceed by signing both originals and returning one ta pur office.
Thank you for giving us the oppartunity Co submit this proposal. Bf you have any questians,
please contact me at ( 714) 978- 8200 or e- mai( dhunt@wilidan. com.
k2espectfuUy
Approvai and Aukhorization to Proceed By:
submitted,
WILLDAN ENG{ NEERING
C(TY OF LdS ALAMlTOS
M---..-'-
David L.. Hunt
Senior Vice President
Sigr€ ur
1
ate
Engineering ( Geotecnnicai
714. 978. 8200 '
SOOA24. 9144
fax: 714.97&.8299
Environmentai
240
Sustainability
Financiai ! Homeland Secority
Easf Katella Avenue, SWte 450, Anaheim, CA 928fl6-6Q73
www.wilidan. com
Vb IE. LDAN
Engineering
14i1,
l1
eni
MS, Civil
Education
!
Engineenng,
!
Califomia State
Fullerton
Engineenng,
Califomia State universitg
Fullerton
ice F' r sid r t
r. Hunt, Senior Vice President is ultimatefy responsible for the quali#y and timely
very af a variety of projects involving the resources of Willdan' s full- service
university,
eS, Civi1
r
`
',
'
capabilities. He is currently the City Engineer in Los Alamitos and has been the
interim Public Work Director for the City af La Habra, the interim City Engineer for the
Gity of La Habra, #he Deputy Public Work/Assistant City for the City of Pomona and
Speciai Projects coordinator for the Ciry of Pomona. And has served as Principal in
charge for pian checking in the Cities of Lake Forest, Brea, Yorba Linda, Dana Point
and Fontana and for the Counties of San Bernard'mo and Orange. in his 33 years of
Registration
experience as an engineer in the Southern California area, Mr. Hunt has deveioped an
expertise in public infrastructure design, award, and construction.
Civit Engineer, Califomia
Na. 305?4
ar i
e9 var t ProJect
ae ons
Amerrcan Public works
'
Associafion
'
Amer;can
sociefy
ofCivil
Engineers
'
xperi n
wty of La Natsra, Interim Public Warks Directar. Supervised 45 staff member in
the Public Works yard which indudes the Street, andscaping, Fleet, Refuse, Sewer,
nd Water Departments. in additian, Mr. hlunf works with the City P1lanager and
Administratians sEaff on budgets, sEaff report, city councif presenfafions, and citizen
compiaints.
33 Years Experience
City of La Ha9 ra, Interim City Engineer. As#nte im City Engineer, he has assisted
the Directnr o4 Public Works in coardinating, reviewing, and supervising engineering
actiuities, including design and canstruction of capitai projects and other improvement
projects, subdivision improvement plan checking, contract administration, construction
inspection, compliance with Federal, State and local laws and ordinances, and
esteblishing departme tai policies.
Ci4y of Pomona, Deputy Public Works DirecYarlAssistant City Engineer. As
Pubiic Works DirectodAssistant City Engineer, he hes assis#ed the Director of Public
Works/City Engineer in coordinating, reviewing, and supervising engineering activities,
i including design and construction of capital projects and other improvement projects,
subdivision improvement plan checking, contract administraYion, construction
inspeotian, compliance with federal, state and locai laws and ordinances, and
establishing departmental po(icies.
City of ake Forest, City Engineering Services and Plan Ghecking. Principai in
Charge. Responsibie for checking improvement plans for the City, including street and
I sYarm drain plans, including the associated hydroiogy and hydraulic calculation reports,
and reviewing storm water poliution preventian plan and water quality mar agement
program for oonformance with the National Pollutant Discharge Elimi ation System
NPDES} permit for Ora ge County' s Drainage Area Management Plen ( DAMP}.
Reviewed site plans for the Communify Devefopment Department and prepared
engineer's reports recommending Depar ment of Public Works Conditions of Approval
far several site develapment and use permit appiicafions. Assisted in praparafion of
the City' s Gapitai improvement Pragram, budgeting, advertisement and award of
contract and cantract administration.
Assisted in the preparation of cauncil egenda items, capitol improvement plans, capital
improvemen# project contract administration, preconstruction reieeiings, budgeting and
LLf AhJ ;
Engineering {
David L. Hunt, PE '
Con6nued '
estimating, praparation of requests for proposafs, issuance of encroachment and film
Permits, and pubNc counter assistant.
Assisted in the review and preparation of the Orange County quit claim deed
transferring rea( property ar d easements from the Gaunty to the City. Assisted in the
transfer of documents, pEans, and other maferials fiied at the Caunty o# Orange
involving two annexations af an unincorporated caunfy area.
CiYy af Yorba Linda, Plan Check. Principa{ in Gharge. Responsible for checking
improvement plans for the City, inciuding street and storm drain plans, inciuding fhe
assaclated hydraiogy and hydraulic calculatian reports, ard reviewing water quaiity
management plans for conformanoe with the Nationai Pailutant Discharge Elimination
System ( NFDES} permit for Orange County' s Drainage Area ManegemenY Pian
DANtP).
Counfy of Orange, RDMD Gounty of Orange Plan Check Services. Principal in
Charge. Perform pkan checking services for the subdivision and infrastructure service
review, hydrofagy/ hydraulic ca(culatians, public improvement plans, storm drain pians
and water quality management plans.
City of Brea, Pian Gheck. Principai in Charge. Perform plan check servicas for the
Department of Devekoprnent Services, review hydrologyihydraulic calculations, pubkic
improvement pians, storm drain plans, review grading pians, singis Iot deve(opments,
retaining waii pians and calculations. Reviewed preliminary H! H report#or a proposed
hillside development, Canyon Crest, on a 369-acre site a(ong Carbon Ganyan Road in
the
northern
City
Iimits.
Exx
zr s
APPROVED FEE SCHEL7UI. F,
sa
967201
t t///LLDAN ENGINEER/ NG
Schedute of Hour/y Rates
Effecfive Jul
1, 2Q10 to June 3Q, 2D11
EfVGINEEYZ/ NG
Ls111/DSCAPf Al CH/ TECTUfXE
Principal Engineer....._...._....._.... .... ... .................$
Principai Pro ect Manager .. _............ ..... ...... .... ... 180. 04
200. 00
Director.........._..................._..................................... 1$ 0.00 ! Principal Landscape Architect..........._...................... 150. 00
Senior Landscape Architect..._................................. i25. OQ
Deputy Directar.................._..................................... 180. 60
Pnncipal Project Manager ........................................ 380. 00
Associate Landscape Architect._..._...._................... 115. 00
City Engineer................_...,....................................... 186. 00 Assistant Landscape Architect ................................. 100. 00
Project Manager........................................................ 180. 00
Program Manager..................................................... 180. OD
BU/LDONGAND SAFETY
Supervising Engineer............._................................. 160. 00
Director................................................................_.... 180. 00
Seriior Engineer........................................................ 145. 00
Deputy Directoc.............................._.........,...._......... 180. 00
Senior Design Manager.........................................._ 145. 00
princ'rpal Project Manager ........................................ 180. 00
Design Manager................_...................................... 135. 00
Supecvising Plan Check Engineer............................. 150. 00
ASSOCiateEn g'meer..............__..........
135. 00
Building Official......................_.................................. 150. 00
f°! Senior esigner......................................._.............. 130. 00
Plan Check Engineer................................................. 140. 00
Senior Design Engineer II .........................................
130. 00
Deputy Building Official............................................. 140. 00
125. 00
i Senior Design Engineer I ..........................................
Inspector of Record................................................... 140. 00
Designer II........._....................................._...............
120. 00
Senior Plans Examiner.............................................. 125. 00
Designer L..........._............................................._..... 115. 00
Supervising
Building Inspector........................._....... 125. 00
i Design Engineer 11.....................................................
120. 00
Plans Examiner......................................................... 115. 00
Design Engineer 1. . . . . . . . . . . . . . . . . .
115. 00 ; Senior
8uilding Inspector....................................._... 115. 00
SeniorDraft r...................._.,.............._._.................
110. 00 ' SupervisorCadeEnForcement...............................-- 115. 00
Drafter ii ................................................._............._..
100. 00
Building Inspector......................_..............." 105. d01110. 00
Drafter I .......................................................................
95. 00
Supervising Canstruction Permit Specialist.............. 105. 00
Technical Aide......._....................................................
85. 00
g
ior Cons#ruction Permit Specialist....................... 100. 00
Senior Code Enforcement Officer............................... 95. 00
COJVSTRUCTION
tINAGEMENT
Assistant Buiiding inspec[or........................." 95. 00/ 1 0. 00
Director........-----._._.........__....---............................
180. 00
CodeEnforcementOfficer._-.---_....._.................._.,....
80. 00 ,
Construction Permit Specialist_.................................. 80. 00 '
Deputy Director..................._...............,.................... 180A0
Manager......._............................................... 180. 60
Assistant Construction Permit Specialist..................... 85. 00
SeniorConstructionManager................................... 155. 00
PlansEacaminerAide................................................... 75. 00
i Construction Manager_.._._._................................... i45. 00
Assistant Code Enforcement Officer........................... 7U. 00
I
iProject
Assistant Construction Manager............................... t20. 00
4; Utlity Coordinator............._....................................... 125. OD
i Labor Compliance Manager_.................................... 120. 00
Labor Compliance Specialist....................................... 95. 00
INSPECT/ON SERV/ CES
PLANN/NG
Director......................................................................
180. OQ '
Deputy Dir ctor..........................._...._..................._.. 180. 00 '',
Principal Planner....................................................... 150. 00 '
Principai Community Development Planner............_ 150. 00
Senior Planner...................,....._............................_.. 130. 00
Senior Community Development Planner................. 130. 00
i Associate Planner.................._...............................,. 115, 00
Public Works Observer ......................_. 120. 00
Senior Public Works Observer.................................. 110. 00
Public Works Observer.............................."` 100. 00/ i 10. 00
Assistant Public Works Observer.._.........."' 100. 00/ 110. 00 ; Associate Community Development Pianner..._....... 115. 00
Assistent Community Development Planner............. 105. 00
Assistant P(anner...................................................... 105. 00
SURVEYIIVG
Principat ProjectManager ........................................ 180. 00
Planning Technician.................................................... 85. 00
Cammunity Deve(opment Technician .............._......... 85. 00
Supervisor- Survey& Mapping ................................ 155. 00
Supervising
Senior Survey Analyst............................................... 136. 00
Certified Party Chief.............._.................................. T3Q. 00
SeniarCalculator......................._..........................._. 12d. 00
Calculatar II.........................._...................................
110A0
Caicuiator{.............................................................._ 100. OQ
115. 00
Survey Anatyst li......................_.................._....._....
Survey Anaiyst!................................................____ 100. 00
Survey Party Chief........................_.............. ......... i 15. 00
Field Pa.rfy{ One).._............................................_.....
980. 00
Field Party ( Two).......................................................
235.00
j Field Party( Three)............... .. . .................... ........
295.00
AQ1611N1STRATIVE
85. 00
ComputerdataEntry............__......._..........................
Clericai......................................._......_........................ 65. 00
Word Processinc....................._..................................
65. 00 ,
Personai Computer 7ime ............._.........................---- 3QA0 ;
j
Mileage relm6ursement will be charged a: the current Federat
guide=ine rate af the time af biiling. Vehicles will be charged at
a mnnthly rate of$ 560. 00.
Prevailing Wage Project, Use$ 110. 00
Adtligonal bilfing ciassi(ications rciay be added to tbe above lisfing during ihe year as new positions ara created, Consuitation in connection with litigation and couA
appearances wiil be quoted separately. Tha apave schadule is for straight fime. Ove¢ ime wili be chargetl ai L25 times, antl uundaya and holidays, i. 70 times the standard
rates- Blueprintin8. eproduckiqn, messenger services, and prin; ing will be inwiced at cost plus ffteen perceni( i51). A subwnsUltant management fee of fifleen percent
15%) will be added to the direct cost of all subconsuRant servlces to provide( or fhe cost of atlministriion, consult25on, and coordination. Valid July 1, 20?0 thru June 30,
20 i 5, thereafter, the ra[es may be raisetl qnce per year tn the value of change of`.he Consumer Price Index for the Los Angeles/Orange COUnty/ 5acram area, but not more
Ihait five percent
per yea.