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Agenda packet, regular meeting

Sierra Madre City Council
February 24, 2026

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Agenda packet, regular meeting
Meeting
February 24, 2026
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Sierra Madre City Council
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23
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Text extracted from the city's file for reading and search. Open the original on s3.us-west-004.backblazeb2.com. That file is the official record.

$10,000, and allow the City Manager to approve contracts between $10,001 and $25,000 without complying with direct competitive pricing procedures.

The threshold increases accomplish several objectives:

1. Administrative efficiency: Routine small purchases under $5,000 no longer require competitive pricing procedures, reducing staff time on low-value transactions.

2. Delegation alignment: Department heads gain authority over a more realistic range of routine operational purchases.

3. Inflation adjustment: Thresholds reflect current market conditions and maintain the same relative purchasing authority established under prior policy.

4. Future-proofing: Section 3 of the ordinance authorizes the City Manager to propose triennial threshold adjustments based on CPI data, preventing the need for frequent ordinance amendments.

STRATEGIC PLAN RELATIONSHIP
Not applicable.

ENVIRONMENTAL ANALYSIS
The proposed action does not constitute as a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be determined with certainty that it will have no impact on the environment.

FISCAL IMPACT
There is no impact to the General Fund as a result of the recommended action.

Purchasing Type Current Proposed (2/10) Amended (2/24) Department City Manager City Council Small purchases1 Up to $2,000 Up to $5,000 Up to $25,000 Yes Yes No Deparment Head $2,001-$5,000 $5,001-$15,000 Up to $10,000 Yes No No Direct competitive - City Manager $5,001-$75,000 $15,001-$75,000 $25,001 to $75,000 No Yes No Direct competitive - Council $75,001-$200,000 $75,001-$200,000 $75,001 to $200,000 No No Yes Formal competitive Greater than $200,000 Greater than $200,000 Greater than $200,000 No No Yes Dollar Threshold

1. Department Head authority for small purchases not requiring direct competitive bidding is $10,000; however, threshold for small purchases is $25,000 Second Reading of Ordinance No. 1490 Purchasing Policy Ordinance Amendment February 24, 2026

Page 3 of 3 ends

Approved by:
___________________________
Michael Bruckner
City Manager
Attachment(s):

1. Ordinance No. 1490
430621.1
ORDINANCE NO. 1490

AN ORDINANCE OF THE CITY OF SIERRA MADRE,
CALIFORNIA, AMENDING SECTION 3.08.040
(PURCHASING AND CONTRACTING FOR GOODS AND
SERVICES (NON-PUBLIC PROJECTS)) OF CHAPTER 3.08
(PURCHASING PROCEDURES) OF TITLE 3 (REVENUE

AND FINANCE) OF THE SIERRA MADRE MUNICIPAL
CODE

RECITALS
WHEREAS, the City Council desires to update the dollar thresholds in the purchasing procedures of non-public projects to account for economic inflation.

THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA MADRE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by this reference.

SECTION 2. Amendment. Section 3.08.040 (Purchasing and contracting for goods and services (non-public projects)) of Chapter 3.08 (Purchasing Procedures) of Title 3 (Revenue and Finance) of the Sierra Madre Municipal Code is amended to read as follows, with additions denoted by underlined text and deletions denoted by struckthrough text:

A. Up to Two Ten Thousand Dollars. Any purchase up to and including two ten thousand dollars may be awarded by the director of the department responsible for the project by force account, by negotiated contract, or by direct purchase.

B. Two Ten to Five Twenty-five Thousand Dollars. Any purchase from two of more than ten thousand dollars or less than or equal to five twenty-five thousand dollars may be awarded by the director of the department responsible for the purchase by any direct competitive pricing procedure set forth in Section 3.08.050 city manager by force account, by negotiated contract, or by direct purchase.

C. Five Twenty-five Thousand Dollars to Seventy-Five Thousand Dollars. Any purchase of more than five twenty-five thousand dollars or less than or equal to seventy-five thousand dollars may, except as otherwise provided in this chapter or the Act, be awarded by the city manager pursuant to the any direct competitive pricing procedure set forth in Section 3.08.050.

D. Seventy-Five Thousand Dollars to Two Hundred Twenty Thousand Dollars.

Any purchase of more than seventy-five thousand dollars or less than or 430621.1
equal to two hundred twenty thousand dollars may, except as otherwise provided in this chapter or the Act, be awarded by the city council pursuant to the direct competitive pricing procedure in Section 3.08.050.

E. Greater than Two Hundred Twenty Thousand Dollars. Any purchase over two hundred twenty thousand dollars shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the Sierra Madre formal competitive pricing procedure in Section 3.08.051.

SECTION 3. Updating Thresholds. The City Manager may propose revised thresholds every three years based on the Consumer Price Index for All Urban Consumers for the Los Angeles-Long Beach-Anaheim area with thresholds rounded to the nearest thousandth.

SECTION 4. CEQA. The City Council finds the adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) under Section 15301, Title 14 of the California Code of Regulations and is also exempt from review because it does not meet the definition of a project under CEQA Guidelines sections 15061, subdivision (b)(3), and section 15378, subdivision (a) and subdivision (b)(5).

SECTION 5. Severability. If any sections, subsections, subdivisions, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.

SECTION 6. Certification. Pursuant to Government Code Section 36932, the City Clerk shall certify the passage, approval, and adoption of this Ordinance by the City Council.

SECTION 7. Publication. Pursuant to Government Code Section 36933, the City Clerk shall cause this Ordinance to be published or posted.

SECTION 8. Records. Pursuant to Government Code Section 40801, proof of certification and publication shall be entered in the book of Ordinances of the City Council.

SECTION 9. Effective Date. Pursuant to Government Code Section 36937, this Ordinance shall take effect thirty days after its adoption.

PASSED, APPROVED, AND ADOPTED this 24th day of February, 2026. __________________________
Kristine Lowe, Mayor
430621.1
I HEREBY CERTIFY that the foregoing Ordinance was introduced by first reading on the 10th day of February 2026, and duly adopted at a regular meeting held on the 24th day of February 2026, by the City Council of the City of Sierra Madre, California, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:
___________________________
Laura Aguilar, City Clerk

CITY OF

SIERRA MADRE STAFF REPORT

PUBLIC WORKS SERVICES
DATE: February 24, 2026
TO: Honorable Mayor and City Council
FROM: Brian A. Dickinson, Public Works Director
SUBJECT: Professional Services Agreement with Willdan Engineering for Public Works Inspection Services for the Meadows at Bailey Canyon Development Project, in an Amount Not to Exceed $340,260

RECOMMENDATION
It is recommended that the City Council approve a Professional Services Agreement with Willdan Engineering for Public Works Inspection Services for the Meadows at Bailey Canyon residential development project in an amount not to exceed $340,260.

SUMMARY
The Meadows at Bailey Canyon is a 42-unit single-family detached residential development located at 700 North Sunnyside Avenue in Sierra Madre (Project). On September 27, 2022, the City Council adopted Ordinance No. 1461 approving the Meadows at Bailey Canyon Specific Plan and a Development Agreement between the City and NUWI-Sierra Madre LLC (Developer), which became effective on May 23, 2023.

Following approval of the Specific Plan and execution of the Development Agreement, the Project has advanced through required pre-construction processes and is now prepared to commence construction activities. Grading operations are anticipated to begin in the near term, marking the transition from planning and entitlement to active site development.

DISCUSSION & ANALYSIS
The Meadows at Bailey Canyon residential development project includes the construction of public infrastructure improvements, including water, sewer, and storm drain facilities, as well as street, curb and gutter, and sidewalk improvements. Upon completion and acceptance by the City, these improvements will become part of the City’s public infrastructure system and will require ongoing operation, maintenance, and long-term asset management by the Public Works Department.

Professional Services Agreement with Willdan Engineering for Meadows Project Development Inspection Services
February 24, 2026

Page 2 of 3 ends

To ensure that all improvements are constructed in accordance with approved plans, City standards, applicable codes, and industry best practices, continuous, qualified inspection services are required throughout construction. Inspection services will include, but are not limited to, verification of line and grade, coordination of materials testing, compliance with approved specifications, documentation of daily construction activities, and confirmation that all work meets City requirements prior to acceptance.

Due to current staffing levels and ongoing operational responsibilities, the Public Works Department does not have sufficient internal capacity to provide the necessary full-time, on-site inspection services for this project. Existing staff resources are fully allocated to core municipal operations, including maintenance of water, sewer, storm drain, streets, and public facilities infrastructure. Reassigning staff to this project would negatively impact service levels and routine maintenance activities.

Awarding a professional services agreement for Public Works Inspection services will ensure that the City maintains appropriate oversight and quality control during construction, protects public infrastructure investments, and mitigates long-term maintenance risks. The use of contract inspection services is a common, cost-effective approach to managing workload fluctuations associated with private development projects.

The City Council previously approved Professional Services Agreements with Willdan Engineering, Civiltec Engineering, Transtech Engineers, and IMEG to provide on-call engineering services. In accordance with the City’s purchasing procedures for on-call services, staff solicited proposals from firms on this pre-qualified list.

Firm Proposal Amount
Willdan Engineering $340,260
Transtech Engineering $420,000
Civiltec Engineering $535,200
Proposals were received from Willdan Engineering, Civiltec Engineering, and Transtech Engineers. Willdan Engineering was selected as the most qualified firm for this assignment due to its cost-effectiveness and its specific history with the project. As the firm responsible for the plan check of the Meadows development, Willdan possesses unique institutional knowledge of the approved plans and site constraints, ensuring a seamless transition from plan approval to construction inspection.

The requested contract will provide qualified inspection personnel with expertise in municipal infrastructure construction, thereby ensuring that all improvements are constructed to City standards prior to acceptance into the public system.

Professional Services Agreement with Willdan Engineering for Meadows Project Development Inspection Services
February 24, 2026

Page 3 of 3 ends

STRATEGIC PLAN RELATIONSHIP
Not Applicable.

ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be determined with certainty that it will have no impact on the environment.

FISCAL IMPACT
There is no impact to the General Fund based on the recommended action. All costs associated with this Professional Services Agreement will be fully funded by the Developer (NUWI-Sierra Madre LLC) through a deposit account established for the Meadows Project. Services will be billed on a time-and-materials basis and reimbursed by the Developer.

Approved by:
_________________________
Michael Bruckner
City Manager
Attachment(s):

1. Professional Services Agreement – Willdan

2. Willdan Engineering Proposal

3. Civiltec Engineering Email Quote

4. Transtech Engineers Email Quote
1 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS (City of Sierra Madre / Willdan)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sierra Madre, a California municipal corporation (“City”), and _Willdan___________________________, a Corporation ______________ (“Consultant”).

RECITALS

2.1. City has determined that it requires the following professional services from a consultant:

The City of Sierra Madre is requesting proposals from professional engineering consultants to provide a full range of services on an as needed basis including Design Engineering, Construction Management, Design Plan Check, Surveying, Right-of-Way Acquisition (with legal descriptions and appraisals).

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

DEFINITIONS

3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.

3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s ____________________________proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
2 3.3. “Agreement Administrator”: The Agreement Administrator for this project is Brian A Dickinson. The Agreement Administrator shall
be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator.

The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant

3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference.

This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Two Hundred Thousand Dollars ($200,000).

3.6. “Commencement Date”: _____________________.

3.7. “Termination Date”: June 30, 2029______________
TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

CONSULTANT’S DUTIES

5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
3 5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

5.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Campaign Contributions. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. Consultant shall disclose any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurrent with, the Consultant’s execution of this Agreement.

5.7. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.

5.8. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. _______________________________ shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

5.9. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.10. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.11. Notification of Organizational Changes. Consultant shall notify the Agreement 4 Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.12. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum 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 documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

5.13. Skilled and Trained Workforce Requirement. When the use of a skilled and trained workforce is required to complete a contract pursuant to existing law, this contract is subject to such requirement and Contractor agrees to use a skilled and trained workforce.

SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

COMPENSATION

7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, 5 the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
6 10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

INDEMNIFICATION

11.1. Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.

11.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established 7 comparative liability of the City and shall not exceed Consultant’s proportionate percentage of fault.

11.3. As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.

11.4. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.

11.5. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

11.6. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.7. Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11.8. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

11.9. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. 8 Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11.10. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.

INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must show the City, its City Council, Commissions, officers, and employees of Sierra Madre as additional insured parties.

The Certificate of Insurance must include the following reference:
_______________________________________________________ ________________________________________________________ ________
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person)$ 5,000
9 • Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle combined single limit
$1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.

12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase 10 “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sierra Madre must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.

Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sierra Madre, Attn: Brian A Dickinson, 232 W.

Sierra Madre Blvd., Sierra Madre, CA 91024.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City.

Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement. 11 12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

12.16. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

12.17. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or early termination of this Agreement.

MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, electronic mail or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
Brian A Dickinson
City of Sierra Madre
_____________________________
232 W. Sierra Madre Blvd. Sierra
Madre, CA 91024
Telephone: (626) 355-7135
Email: [email protected]
If to Consultant
Name: _________________________________
Address: _______________________________
______________________________________
Telephone: _____________________________
Email: ________________________________
With courtesy copy to:

Aleks R. Giragosian, Esq.

Sierra Madre City Attorney
Colantuono, Highsmith & Whatley,
PC 790 E. Colorado Blvd., Ste. 850
Pasadena, Angeles, CA 91101
Telephone: (213) 542-5700
12 Email: [email protected]

SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph

10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), paragraph 12.13 (Waiver of Subrogation), paragraph 12.6 (Automobile Liability Insurance), Section 15 (Surviving Covenants), Section 17 (Interpretation of Agreement), and Section 18 (General Provisions) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

TERMINATION

16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach by the City of this Agreement upon 30 days’ notice.

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

INTERPRETATION OF AGREEMENT

17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

17.3. Headings. The headings and 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 be any conflict between 13 such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

GENERAL PROVISIONS

18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written 14 consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.

Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action. 15 18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

18.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
16 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
City of Sierra Madre
Authorized Signatories:

Signature: Signature:

Printed:

Printed:

Title: Title:

Date: Date:

Attest:

Signature: Printed:

Title: City Clerk
Date:

Approved as to Form:

Signature: Printed:

Title: City Attorney
Date:
17 EXHIBIT A

SCOPE OF SERVICES

1.1 Engineering Design
 The consultant will be expected to deliver completed and approved design assignments on or ahead of approved schedules. All designs shall be prepared and submitted in a manner that ensures a complete design approved by the City. The consultant must be proactive and knowledgeable of the design, environmental, and funding requirements of the project. They must be an advisor, advocate, and produce a product with the best interest intended for the City within the required schedule and project budget.  The scope of work for all design projects includes conducting ground and/or aerial survey as necessary to facilitate preparation of the design; preparing cross sections, topographic surveys, and culture surveys; conducting right-of-way research and preparing legal descriptions; prepare signing, striping, detour, and traffic control design; coordinating geotechnical investigations and soils analysis reports; coordinating design and approvals with other agencies; conducting existing utility research and coordinate relocations; prepare and process environmental clearances; process plans and permits through other agencies; prepare storm water pollution prevention plans; prepare technical specifications; prepare cost estimates and quantity take-offs; and prepare all design in AutoCAD (or equivalent) format using City standard CAD symbology and layer naming conventions. The Consultant must have adequate knowledge of requirements for federally funded projects.

1.2 General Civil Engineering Design
 The scope of work includes design engineering services for streets, bike trails, storm drains, storm drain channels, bridges, sewers, sewer capacity, waterlines, water facilities, land survey, and all related services.
 Prepare plans and specifications for storm drain and drainage design; bridge design; sewer design; water design; grading design; and roadway and street design, to include Engineer’s Estimate of probable construction cost. Consultant must have ability to perform tasks related to pavement rehabilitation projects including preparation of materials reports.
 Prepare Hydrology Report per Los Angeles County method and hydraulic calculations per Los Angeles County and prepare sewer capacity report.

Task 2: Survey

18  The scope of work includes field and office surveying services for the construction of streets, bridges, traffic signals, bike trails, storm drains, storm drain channels, utilities, and all related services including but not limited to the following:
 Plan check and familiarity with the Subdivision Act, tract map, parcel map and provide sketches and write legal descriptions.
 Comply with California Business and Professions Code 8771 concerning preservation of existing survey monuments that might be destroyed by City construction projects.

Research existing City and Los Angeles County Surveyor records to assure a complete record of existing monumentation. Perform survey measurements and calculations necessary to locate existing and/or set monuments. Set monuments and reference ties for monuments destroyed by construction or monuments not meeting County standards.

Prepare corner records for each location showing found and/or set monuments, record map references, reference ties and measured angles and/or distances. Corner records shall be filed with the County Surveyor and final copies shall be filed and indexed in the City of Sierra Madre, City Engineers Tie Book system. Provide construction survey stakeout services per construction plans. Provide survey field notes to the City in both hardcopy and electronic formats.

Task 3: Design Plan Check
 Consultant will be required to make independent engineering judgments and decisions, and interact with private and public sector personnel.

3.1 Map Plan Check
 Consultant must have a working knowledge of the "Subdivision Map Act," City's Subdivision Ordinance, and map checking procedures. Work independently with applicant to review tentative maps, final maps, easement deeds, and lot line adjustments. Review applicant's documents for compliance with the Conditions of Approval as set by the city staff, commissions, and the City Council. Check and review map boundaries, metes and bounds, and field check final monumentation prior to bond exoneration. Review and assure that AutoCAD file submittals are complete. Review, checking, and approval of land divisions shall be performed by a registered Land Surveyor in the State of California or a registered Civil Engineer licensed to practice land surveying in the State of California.

3.2 Hydrology and Hydraulics Check
 Consultant must have a thorough knowledge of hydrology and hydraulic principles and theories and must be familiar with the WSPG software programs and their 19 application. In addition, the Consultant shall have a good working knowledge of the Los Angeles County Hydrology Manual.

Task 4: Right of Way Acquisition

 Consultant will provide right-of-way support to City of Sierra Madre staff. Tasks could include assisting staff in processing various deeds and agreements resulting from new subdivisions or assessment districts, and acquiring right-of-way for capital improvement projects. Consultant will work closely with and take direction from City staff. Provide legal description and sketch to be recorded with Los Angeles County.
1 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS (City of Sierra Madre / Civiltec Engineering)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sierra Madre, a California municipal corporation (“City”), and Civiltec Engineering, a Corporation ______________ (“Consultant”).

RECITALS

2.1. City has determined that it requires the following professional services from a consultant:

The City of Sierra Madre is requesting proposals from professional engineering consultants to provide a full range of services on an as needed basis including Design Engineering, Construction Management, Design Plan Check, Surveying, Right-of-Way Acquisition (with legal descriptions and appraisals).

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

DEFINITIONS

3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.

3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s ____________________________proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
2 3.3. “Agreement Administrator”: The Agreement Administrator for this project is Brian A Dickinson. The Agreement Administrator shall
be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator.

The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant

3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference.

This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Two Hundred Thousand Dollars ($200,000).

3.6. “Commencement Date”: _____________________.

3.7. “Termination Date”: June 30,2029______________
TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

CONSULTANT’S DUTIES

5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
3 5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

5.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Campaign Contributions. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. Consultant shall disclose any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurrent with, the Consultant’s execution of this Agreement.

5.7. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.

5.8. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. _______________________________ shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

5.9. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.10. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.11. Notification of Organizational Changes. Consultant shall notify the Agreement 4 Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.12. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum 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 documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

5.13. Skilled and Trained Workforce Requirement. When the use of a skilled and trained workforce is required to complete a contract pursuant to existing law, this contract is subject to such requirement and Contractor agrees to use a skilled and trained workforce.

SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

COMPENSATION

7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, 5 the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
6 10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

INDEMNIFICATION

11.1. Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.

11.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established 7 comparative liability of the City and shall not exceed Consultant’s proportionate percentage of fault.

11.3. As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.

11.4. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.

11.5. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

11.6. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.7. Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11.8. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

11.9. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. 8 Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11.10. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.

INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must show the City, its City Council, Commissions, officers, and employees of Sierra Madre as additional insured parties.

The Certificate of Insurance must include the following reference:
_______________________________________________________ ________________________________________________________ ________
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person)$ 5,000
9 • Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle combined single limit
$1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.

12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase 10 “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sierra Madre must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.

Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sierra Madre, Attn: Brian A Dickinson, 232 W.

Sierra Madre Blvd., Sierra Madre, CA 91024.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City.

Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement. 11 12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

12.16. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

12.17. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or early termination of this Agreement.

MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, electronic mail or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
Brian A Dickinson
City of Sierra Madre
_____________________________
232 W. Sierra Madre Blvd. Sierra
Madre, CA 91024
Telephone: (626) 355-7135
Email: [email protected]
If to Consultant
Name: _________________________________
Address: _______________________________
______________________________________
Telephone: _____________________________
Email: ________________________________
With courtesy copy to:

Aleks R. Giragosian, Esq.

Sierra Madre City Attorney
Colantuono, Highsmith & Whatley,
PC 790 E. Colorado Blvd., Ste. 850
Pasadena, Angeles, CA 91101
Telephone: (213) 542-5700
12 Email: [email protected]

SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph

10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), paragraph 12.13 (Waiver of Subrogation), paragraph 12.6 (Automobile Liability Insurance), Section 15 (Surviving Covenants), Section 17 (Interpretation of Agreement), and Section 18 (General Provisions) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

TERMINATION

16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach by the City of this Agreement upon 30 days’ notice.

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

INTERPRETATION OF AGREEMENT

17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

17.3. Headings. The headings and 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 be any conflict between 13 such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

GENERAL PROVISIONS

18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written 14 consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.

Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action. 15 18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

18.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
16 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
City of Sierra Madre
Authorized Signatories:

Signature: Signature:

Printed:

Printed:

Title: Title:

Date: Date:

Attest:

Signature: Printed:

Title: City Clerk
Date:

Approved as to Form:

Signature: Printed:

Title: City Attorney
Date:
17 EXHIBIT A

SCOPE OF SERVICES

1.1 Engineering Design
 The consultant will be expected to deliver completed and approved design assignments on or ahead of approved schedules. All designs shall be prepared and submitted in a manner that ensures a complete design approved by the City. The consultant must be proactive and knowledgeable of the design, environmental, and funding requirements of the project. They must be an advisor, advocate, and produce a product with the best interest intended for the City within the required schedule and project budget.  The scope of work for all design projects includes conducting ground and/or aerial survey as necessary to facilitate preparation of the design; preparing cross sections, topographic surveys, and culture surveys; conducting right-of-way research and preparing legal descriptions; prepare signing, striping, detour, and traffic control design; coordinating geotechnical investigations and soils analysis reports; coordinating design and approvals with other agencies; conducting existing utility research and coordinate relocations; prepare and process environmental clearances; process plans and permits through other agencies; prepare storm water pollution prevention plans; prepare technical specifications; prepare cost estimates and quantity take-offs; and prepare all design in AutoCAD (or equivalent) format using City standard CAD symbology and layer naming conventions. The Consultant must have adequate knowledge of requirements for federally funded projects.

1.2 General Civil Engineering Design
 The scope of work includes design engineering services for streets, bike trails, storm drains, storm drain channels, bridges, sewers, sewer capacity, waterlines, water facilities, land survey, and all related services.
 Prepare plans and specifications for storm drain and drainage design; bridge design; sewer design; water design; grading design; and roadway and street design, to include Engineer’s Estimate of probable construction cost. Consultant must have ability to perform tasks related to pavement rehabilitation projects including preparation of materials reports.
 Prepare Hydrology Report per Los Angeles County method and hydraulic calculations per Los Angeles County and prepare sewer capacity report.

Task 2: Survey

18  The scope of work includes field and office surveying services for the construction of streets, bridges, traffic signals, bike trails, storm drains, storm drain channels, utilities, and all related services including but not limited to the following:
 Plan check and familiarity with the Subdivision Act, tract map, parcel map and provide sketches and write legal descriptions.
 Comply with California Business and Professions Code 8771 concerning preservation of existing survey monuments that might be destroyed by City construction projects.

Research existing City and Los Angeles County Surveyor records to assure a complete record of existing monumentation. Perform survey measurements and calculations necessary to locate existing and/or set monuments. Set monuments and reference ties for monuments destroyed by construction or monuments not meeting County standards.

Prepare corner records for each location showing found and/or set monuments, record map references, reference ties and measured angles and/or distances. Corner records shall be filed with the County Surveyor and final copies shall be filed and indexed in the City of Sierra Madre, City Engineers Tie Book system. Provide construction survey stakeout services per construction plans. Provide survey field notes to the City in both hardcopy and electronic formats.

Task 3: Design Plan Check
 Consultant will be required to make independent engineering judgments and decisions, and interact with private and public sector personnel.

3.1 Map Plan Check
 Consultant must have a working knowledge of the "Subdivision Map Act," City's Subdivision Ordinance, and map checking procedures. Work independently with applicant to review tentative maps, final maps, easement deeds, and lot line adjustments. Review applicant's documents for compliance with the Conditions of Approval as set by the city staff, commissions, and the City Council. Check and review map boundaries, metes and bounds, and field check final monumentation prior to bond exoneration. Review and assure that AutoCAD file submittals are complete. Review, checking, and approval of land divisions shall be performed by a registered Land Surveyor in the State of California or a registered Civil Engineer licensed to practice land surveying in the State of California.

3.2 Hydrology and Hydraulics Check
 Consultant must have a thorough knowledge of hydrology and hydraulic principles and theories and must be familiar with the WSPG software programs and their 19 application. In addition, the Consultant shall have a good working knowledge of the Los Angeles County Hydrology Manual.

Task 4: Right of Way Acquisition

 Consultant will provide right-of-way support to City of Sierra Madre staff. Tasks could include assisting staff in processing various deeds and agreements resulting from new subdivisions or assessment districts, and acquiring right-of-way for capital improvement projects. Consultant will work closely with and take direction from City staff. Provide legal description and sketch to be recorded with Los Angeles County.
1 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS (City of Sierra Madre / Transtech Engineers)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sierra Madre, a California municipal corporation (“City”), and Transtech Engineers, a Corporation ______________ (“Consultant”).

RECITALS

2.1. City has determined that it requires the following professional services from a consultant:

The City of Sierra Madre is requesting proposals from professional engineering consultants to provide a full range of services on an as needed basis including Design Engineering, Construction Management, Design Plan Check, Surveying, Right-of-Way Acquisition (with legal descriptions and appraisals).

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

DEFINITIONS

3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.

3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s ____________________________proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
2 3.3. “Agreement Administrator”: The Agreement Administrator for this project is Brian A Dickinson. The Agreement Administrator shall
be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator.

The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant

3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference.

This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Two Hundred Thousand Dollars ($200,000).

3.6. “Commencement Date”: _____________________.

3.7. “Termination Date”: June 30, 2029______________
TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

CONSULTANT’S DUTIES

5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
3 5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

5.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Campaign Contributions. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. Consultant shall disclose any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurrent with, the Consultant’s execution of this Agreement.

5.7. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.

5.8. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. _______________________________ shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

5.9. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.10. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.11. Notification of Organizational Changes. Consultant shall notify the Agreement 4 Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.12. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum 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 documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

5.13. Skilled and Trained Workforce Requirement. When the use of a skilled and trained workforce is required to complete a contract pursuant to existing law, this contract is subject to such requirement and Contractor agrees to use a skilled and trained workforce.

SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

COMPENSATION

7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, 5 the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
6 10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

INDEMNIFICATION

11.1. Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.

11.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established 7 comparative liability of the City and shall not exceed Consultant’s proportionate percentage of fault.

11.3. As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.

11.4. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.

11.5. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

11.6. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.7. Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11.8. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

11.9. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. 8 Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11.10. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.

INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must show the City, its City Council, Commissions, officers, and employees of Sierra Madre as additional insured parties.

The Certificate of Insurance must include the following reference:
_______________________________________________________ ________________________________________________________ ________
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person)$ 5,000
9 • Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle combined single limit
$1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.

12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase 10 “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sierra Madre must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.

Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sierra Madre, Attn: Brian A Dickinson, 232 W.

Sierra Madre Blvd., Sierra Madre, CA 91024.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City.

Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement. 11 12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

12.16. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

12.17. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or early termination of this Agreement.

MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, electronic mail or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
Brian A Dickinson
City of Sierra Madre
_____________________________
232 W. Sierra Madre Blvd. Sierra
Madre, CA 91024
Telephone: (626) 355-7135
Email: [email protected]
If to Consultant
Name: _________________________________
Address: _______________________________
______________________________________
Telephone: _____________________________
Email: ________________________________
With courtesy copy to:

Aleks R. Giragosian, Esq.

Sierra Madre City Attorney
Colantuono, Highsmith & Whatley,
PC 790 E. Colorado Blvd., Ste. 850
Pasadena, Angeles, CA 91101
Telephone: (213) 542-5700
12 Email: [email protected]

SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph

10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), paragraph 12.13 (Waiver of Subrogation), paragraph 12.6 (Automobile Liability Insurance), Section 15 (Surviving Covenants), Section 17 (Interpretation of Agreement), and Section 18 (General Provisions) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

TERMINATION

16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach by the City of this Agreement upon 30 days’ notice.

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

INTERPRETATION OF AGREEMENT

17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

17.3. Headings. The headings and 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 be any conflict between 13 such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

GENERAL PROVISIONS

18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written 14 consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.

Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action. 15 18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

18.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
16 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
City of Sierra Madre
Authorized Signatories:

Signature: Signature:

Printed:

Printed:

Title: Title:

Date: Date:

Attest:

Signature: Printed:

Title: City Clerk
Date:

Approved as to Form:

Signature: Printed:

Title: City Attorney
Date:
17 EXHIBIT A

SCOPE OF SERVICES

1.1 Engineering Design
 The consultant will be expected to deliver completed and approved design assignments on or ahead of approved schedules. All designs shall be prepared and submitted in a manner that ensures a complete design approved by the City. The consultant must be proactive and knowledgeable of the design, environmental, and funding requirements of the project. They must be an advisor, advocate, and produce a product with the best interest intended for the City within the required schedule and project budget.  The scope of work for all design projects includes conducting ground and/or aerial survey as necessary to facilitate preparation of the design; preparing cross sections, topographic surveys, and culture surveys; conducting right-of-way research and preparing legal descriptions; prepare signing, striping, detour, and traffic control design; coordinating geotechnical investigations and soils analysis reports; coordinating design and approvals with other agencies; conducting existing utility research and coordinate relocations; prepare and process environmental clearances; process plans and permits through other agencies; prepare storm water pollution prevention plans; prepare technical specifications; prepare cost estimates and quantity take-offs; and prepare all design in AutoCAD (or equivalent) format using City standard CAD symbology and layer naming conventions. The Consultant must have adequate knowledge of requirements for federally funded projects.

1.2 General Civil Engineering Design
 The scope of work includes design engineering services for streets, bike trails, storm drains, storm drain channels, bridges, sewers, sewer capacity, waterlines, water facilities, land survey, and all related services.
 Prepare plans and specifications for storm drain and drainage design; bridge design; sewer design; water design; grading design; and roadway and street design, to include Engineer’s Estimate of probable construction cost. Consultant must have ability to perform tasks related to pavement rehabilitation projects including preparation of materials reports.
 Prepare Hydrology Report per Los Angeles County method and hydraulic calculations per Los Angeles County and prepare sewer capacity report.

Task 2: Survey

18  The scope of work includes field and office surveying services for the construction of streets, bridges, traffic signals, bike trails, storm drains, storm drain channels, utilities, and all related services including but not limited to the following:
 Plan check and familiarity with the Subdivision Act, tract map, parcel map and provide sketches and write legal descriptions.
 Comply with California Business and Professions Code 8771 concerning preservation of existing survey monuments that might be destroyed by City construction projects.

Research existing City and Los Angeles County Surveyor records to assure a complete record of existing monumentation. Perform survey measurements and calculations necessary to locate existing and/or set monuments. Set monuments and reference ties for monuments destroyed by construction or monuments not meeting County standards.

Prepare corner records for each location showing found and/or set monuments, record map references, reference ties and measured angles and/or distances. Corner records shall be filed with the County Surveyor and final copies shall be filed and indexed in the City of Sierra Madre, City Engineers Tie Book system. Provide construction survey stakeout services per construction plans. Provide survey field notes to the City in both hardcopy and electronic formats.

Task 3: Design Plan Check
 Consultant will be required to make independent engineering judgments and decisions, and interact with private and public sector personnel.

3.1 Map Plan Check
 Consultant must have a working knowledge of the "Subdivision Map Act," City's Subdivision Ordinance, and map checking procedures. Work independently with applicant to review tentative maps, final maps, easement deeds, and lot line adjustments. Review applicant's documents for compliance with the Conditions of Approval as set by the city staff, commissions, and the City Council. Check and review map boundaries, metes and bounds, and field check final monumentation prior to bond exoneration. Review and assure that AutoCAD file submittals are complete. Review, checking, and approval of land divisions shall be performed by a registered Land Surveyor in the State of California or a registered Civil Engineer licensed to practice land surveying in the State of California.

3.2 Hydrology and Hydraulics Check
 Consultant must have a thorough knowledge of hydrology and hydraulic principles and theories and must be familiar with the WSPG software programs and their 19 application. In addition, the Consultant shall have a good working knowledge of the Los Angeles County Hydrology Manual.

Task 4: Right of Way Acquisition

 Consultant will provide right-of-way support to City of Sierra Madre staff. Tasks could include assisting staff in processing various deeds and agreements resulting from new subdivisions or assessment districts, and acquiring right-of-way for capital improvement projects. Consultant will work closely with and take direction from City staff. Provide legal description and sketch to be recorded with Los Angeles County.
1 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS (City of Sierra Madre / IMEG)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sierra Madre, a California municipal corporation (“City”), and IMEG , a Corporation ______________ (“Consultant”).

RECITALS

2.1. City has determined that it requires the following professional services from a consultant:

The City of Sierra Madre is requesting proposals from professional engineering consultants to provide a full range of services on an as needed basis including Design Engineering, Construction Management, Design Plan Check, Surveying, Right-of-Way Acquisition (with legal descriptions and appraisals).

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

DEFINITIONS

3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.

3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s ____________________________proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
2 3.3. “Agreement Administrator”: The Agreement Administrator for this project is Brian A Dickinson. The Agreement Administrator shall
be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator.

The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant

3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference.

This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Two Hundred Thousand Dollars ($200,000).

3.6. “Commencement Date”: _____________________.

3.7. “Termination Date”: June 30, 2029______________
TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

CONSULTANT’S DUTIES

5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
3 5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

5.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Campaign Contributions. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. Consultant shall disclose any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurrent with, the Consultant’s execution of this Agreement.

5.7. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.

5.8. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. _______________________________ shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

5.9. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.10. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.11. Notification of Organizational Changes. Consultant shall notify the Agreement 4 Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.12. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum 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 documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

5.13. Skilled and Trained Workforce Requirement. When the use of a skilled and trained workforce is required to complete a contract pursuant to existing law, this contract is subject to such requirement and Contractor agrees to use a skilled and trained workforce.

SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

COMPENSATION

7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, 5 the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
6 10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

INDEMNIFICATION

11.1. Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.

11.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established 7 comparative liability of the City and shall not exceed Consultant’s proportionate percentage of fault.

11.3. As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.

11.4. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.

11.5. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

11.6. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.7. Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11.8. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

11.9. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. 8 Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11.10. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.

INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must show the City, its City Council, Commissions, officers, and employees of Sierra Madre as additional insured parties.

The Certificate of Insurance must include the following reference:
_______________________________________________________ ________________________________________________________ ________
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person)$ 5,000
9 • Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle combined single limit
$1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.

12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase 10 “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sierra Madre must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.

Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sierra Madre, Attn: Brian A Dickinson, 232 W.

Sierra Madre Blvd., Sierra Madre, CA 91024.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City.

Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement. 11 12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

12.16. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

12.17. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or early termination of this Agreement.

MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, electronic mail or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
Brian A Dickinson
City of Sierra Madre
_____________________________
232 W. Sierra Madre Blvd. Sierra
Madre, CA 91024
Telephone: (626) 355-7135
Email: [email protected]
If to Consultant
Name: _________________________________
Address: _______________________________
______________________________________
Telephone: _____________________________
Email: ________________________________
With courtesy copy to:

Aleks R. Giragosian, Esq.

Sierra Madre City Attorney
Colantuono, Highsmith & Whatley,
PC 790 E. Colorado Blvd., Ste. 850
Pasadena, Angeles, CA 91101
Telephone: (213) 542-5700
12 Email: [email protected]

SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph

10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), paragraph 12.13 (Waiver of Subrogation), paragraph 12.6 (Automobile Liability Insurance), Section 15 (Surviving Covenants), Section 17 (Interpretation of Agreement), and Section 18 (General Provisions) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

TERMINATION

16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach by the City of this Agreement upon 30 days’ notice.

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

INTERPRETATION OF AGREEMENT

17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

17.3. Headings. The headings and 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 be any conflict between 13 such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

GENERAL PROVISIONS

18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written 14 consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.

Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action. 15 18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

18.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
16 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
City of Sierra Madre
Authorized Signatories:

Signature: Signature:

Printed:

Printed:

Title: Title:

Date: Date:

Attest:

Signature: Printed:

Title: City Clerk
Date:

Approved as to Form:

Signature: Printed:

Title: City Attorney
Date:
17 EXHIBIT A

SCOPE OF SERVICES

1.1 Engineering Design
 The consultant will be expected to deliver completed and approved design assignments on or ahead of approved schedules. All designs shall be prepared and submitted in a manner that ensures a complete design approved by the City. The consultant must be proactive and knowledgeable of the design, environmental, and funding requirements of the project. They must be an advisor, advocate, and produce a product with the best interest intended for the City within the required schedule and project budget.  The scope of work for all design projects includes conducting ground and/or aerial survey as necessary to facilitate preparation of the design; preparing cross sections, topographic surveys, and culture surveys; conducting right-of-way research and preparing legal descriptions; prepare signing, striping, detour, and traffic control design; coordinating geotechnical investigations and soils analysis reports; coordinating design and approvals with other agencies; conducting existing utility research and coordinate relocations; prepare and process environmental clearances; process plans and permits through other agencies; prepare storm water pollution prevention plans; prepare technical specifications; prepare cost estimates and quantity take-offs; and prepare all design in AutoCAD (or equivalent) format using City standard CAD symbology and layer naming conventions. The Consultant must have adequate knowledge of requirements for federally funded projects.

1.2 General Civil Engineering Design
 The scope of work includes design engineering services for streets, bike trails, storm drains, storm drain channels, bridges, sewers, sewer capacity, waterlines, water facilities, land survey, and all related services.
 Prepare plans and specifications for storm drain and drainage design; bridge design; sewer design; water design; grading design; and roadway and street design, to include Engineer’s Estimate of probable construction cost. Consultant must have ability to perform tasks related to pavement rehabilitation projects including preparation of materials reports.
 Prepare Hydrology Report per Los Angeles County method and hydraulic calculations per Los Angeles County and prepare sewer capacity report.

Task 2: Survey

18  The scope of work includes field and office surveying services for the construction of streets, bridges, traffic signals, bike trails, storm drains, storm drain channels, utilities, and all related services including but not limited to the following:
 Plan check and familiarity with the Subdivision Act, tract map, parcel map and provide sketches and write legal descriptions.
 Comply with California Business and Professions Code 8771 concerning preservation of existing survey monuments that might be destroyed by City construction projects.

Research existing City and Los Angeles County Surveyor records to assure a complete record of existing monumentation. Perform survey measurements and calculations necessary to locate existing and/or set monuments. Set monuments and reference ties for monuments destroyed by construction or monuments not meeting County standards.

Prepare corner records for each location showing found and/or set monuments, record map references, reference ties and measured angles and/or distances. Corner records shall be filed with the County Surveyor and final copies shall be filed and indexed in the City of Sierra Madre, City Engineers Tie Book system. Provide construction survey stakeout services per construction plans. Provide survey field notes to the City in both hardcopy and electronic formats.

Task 3: Design Plan Check
 Consultant will be required to make independent engineering judgments and decisions, and interact with private and public sector personnel.

3.1 Map Plan Check
 Consultant must have a working knowledge of the "Subdivision Map Act," City's Subdivision Ordinance, and map checking procedures. Work independently with applicant to review tentative maps, final maps, easement deeds, and lot line adjustments. Review applicant's documents for compliance with the Conditions of Approval as set by the city staff, commissions, and the City Council. Check and review map boundaries, metes and bounds, and field check final monumentation prior to bond exoneration. Review and assure that AutoCAD file submittals are complete. Review, checking, and approval of land divisions shall be performed by a registered Land Surveyor in the State of California or a registered Civil Engineer licensed to practice land surveying in the State of California.

3.2 Hydrology and Hydraulics Check
 Consultant must have a thorough knowledge of hydrology and hydraulic principles and theories and must be familiar with the WSPG software programs and their 19 application. In addition, the Consultant shall have a good working knowledge of the Los Angeles County Hydrology Manual.

Task 4: Right of Way Acquisition

 Consultant will provide right-of-way support to City of Sierra Madre staff. Tasks could include assisting staff in processing various deeds and agreements resulting from new subdivisions or assessment districts, and acquiring right-of-way for capital improvement projects. Consultant will work closely with and take direction from City staff. Provide legal description and sketch to be recorded with Los Angeles County.

January 23, 2026
Clare Lin
Planning & Community Preservation Director
City of Sierra Madre
232 W Sierra Madre Blvd
Sierra Madre, CA 91024
Subject: Proposal for Public Works Inspection Services of Private Development, PC 24-001, The Meadows Development Project
The City of Sierra Madre is seeking a consultant to provide and perform construction inspection services for the proposed Meadows Development Project.

Willdan Engineering’s (Willdan) staff is well qualified and experienced in providing professional construction inspection services for public works land development improvement projects. Along with a 61-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. Willdan provided the plan check services for the Project and is well suited to partner with the City to achieve a fast-track public works inspection approach for the City’s large private development project.  Staffing Resources. Our staffing resource bench of licensed and technical experts includes specialists in plan review, construction observation, rough grading, sewer, water line installations, street sections, drainage and flood control, geotechnical engineering and material testing/inspection, and construction staff augmentation.
 Strong Project Manager. Our proposed Project Manager, Michael Bustos, PE, ENV SP, has managed public works inspection services for large subdivisions in the Cities of Fillmore and Santa Paula. He offers over 25 years of experience in the design and construction management industry and has provided services for contracts similar to the services required by the City. Mr. Bustos will provide general oversight for the project and will act as the City’s primary point of contact and the City liaison.  Prompt Start Up. Willdan is prepared to immediately provide inspectors with 48-hour notice from the City.

Our staffing flexibility enables Willdan to respond to requests for service in a timely manner with no disruption in the City's project schedules.

The City’s single point of contact for all projects will be Michael Bustos, PE, ENV SP, Deputy Director of Construction Management and Inspection Services. He can be reached by mail at 13191 Crossroad Parkway North, Suite 405 Industry, CA 91746; by phone at (805) 279-6870 or by email at [email protected]. Mr. Bustos is authorized to represent the firm.

Willdan is confident our services are well suited to the City of Sierra Madre’s needs and looks forward to a longstanding relationship with the City. If there are any questions regarding this proposal, please contact Mr. Bustos at the above-mentioned information.

WILLDAN ENGINEERING
Mike Bustos, PE, ENV SP
Deputy Director of Construction Services
1  Table of Contents
Section 1: Introduction .......................................................................................................................................... 2 Proposed Services ...................................................................................................................................................... 2 Construction Inspection Services ........................................................................................................................... 3 Project Management ............................................................................................................................................. 3 Section 2: Project Analysis ..................................................................................................................................... 3 Section 3: Objective, Scope, Nature of Proposed Program ..................................................................................... 4 Project Understanding ............................................................................................................................................... 4 Objective .................................................................................................................................................................... 5 Statement of Work .................................................................................................................................................... 5 Overall Approach Overview ....................................................................................................................................... 6 Section 4: Work Program ....................................................................................................................................... 9 Project Approach ....................................................................................................................................................... 8 Scope of Services ....................................................................................................................................................... 9 Section 5: Methodology ....................................................................................................................................... 10 Overall Project Methodology .................................................................................................................................. 10 Land Development Construction Inspection Services Methodology ....................................................................... 10 Typical Construction Inspection Tasks ................................................................................................................. 12 Section 6: Project Management ........................................................................................................................... 14 Section 7: Assigned Personnel ............................................................................................................................. 14 Proposed Team ........................................................................................................................................................ 14 Resumes .................................................................................................................................................................. 15 Section 8: Proposed Schedule .............................................................................................................................. 28 Section 9: Program Monitoring ............................................................................................................................ 29 Quality Control and Quality Assurance Procedures ................................................................................................ 29 Section 10: City Resources ................................................................................................................................... 30 Section 11: Subcontractors. ................................................................................................................................. 30 Section 12: Statement of Proposer’s Qualifications and References .................................................................... 31

2 Section 1: Introduction
Willdan Engineering (Willdan), a California corporation founded in 1964, is a subsidiary of Willdan Group, Inc., a publicly-traded corporation. Services are provided to nationwide clientele through three firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – offering a portfolio of diversified strengths. Throughout our history, Willdan has served as a full-service, multi-disciplinary firm specializing in municipal engineering, planning, construction management and inspection, and building safety services along with a full complement of support disciplines. Willdan infuses the corporate culture of Customer-First throughout our entire staffing resources and all services provided.

Willdan possesses expertise in most facets of the public sector marketplace. The varied experience and background of our staff provides added value to our services. No other firm matches Willdan’s combined breadth of directly relevant technical and operational expertise and depth of experience. Willdan has a vast background in city and district engineering, traffic engineering, building official staff augmentation, public works administration, development review, public works permitting and inspection, roadway design, construction management, and longterm planning for capital improvement project development, assessment districts, funding plans, safe route planning, facility master plans, and environmental review documentation.

Land Development Inspection Expertise
Serving public agencies is Willdan's foundation. Our staff includes former public agency or contract agency staff.

Therefore, we understand the importance and purpose of these types of contracts and are very familiar with the processes and procedures for such services. Our team provides inspection services for encroachment permit, land development, and capital improvement projects. Willdan currently provides on-call inspection services to the Cities of Santa Paula, Ojai, Grover Beach, Goleta, Fillmore, Thousand Oaks, Westlake Village, and County of Ventura, amongst a host of other Southern California agencies. We provide land development inspection services to the Cities of Fillmore, Santa Paula, Grand Terrace, Brea, Inglewood, Downey, Moreno Valley, Rancho Cordova, and Elk Grove.

Willdan is currently providing land development inspection services to the Cities of Fillmore, Santa Paula, Ojai, Grand Terrace, Brea, Inglewood, Downey, Moreno Valley, Rancho Cordova, and Elk Grove, among others. Willdan’s land development plan check team also provides land development plan checking services to the City of Sierra Madre including the plan check for this Project. This firm’s experience and the relevant experience of our dedicated and available key personnel are what best qualifies Willdan to provide the City with land development inspection services.

Our history of working with as-needed contracts has well prepared our staff to respond to all requests for services in a positive, efficient manner. Our firm's commitment to responsive service and successful project delivery has given us a reputation as a firm that can be trusted to listen and to deliver a product our clients envision and embrace.

Willdan has historically concentrated our efforts in public works engineering for cities, counties, and special districts.

Since 1964, we have evolved into a professional consulting firm offering a broad array of services that provide a comprehensive and integrated approach to our clients’ needs. Willdan possesses expertise in most facets of the public sector marketplace. The varied experience and background of our staff experience is an added value to our services. No other firm matches Willdan’s combined breadth of directly relevant technical and operational expertise and depth of experience.

Willdan’s size also renders our firm beneficial to meeting our clients needs. Our Construction Services Division includes over 40 public works inspectors, with 30 of those residing in Los Angeles County , 10 within a 30-mile radius of Sierra Madre. Having adequate qualified and experienced inspection staffing in close proximity to assignments is essential to ensuring that continuous and complete land development inspection services can be provided, as workload may ramp up at times and require multiple inspectors to be onsite.

Proposed Services
Willdan's core competencies are in direct alignment with the construction inspection services described in the City’s Request for Proposals. Willdan is well qualified to bring the City’s projects to a successful reality and achieve the project goals and vision for the City and affected communities. 3 Construction Inspection Services
Willdan provides expertise in all areas of project management, construction management, and public works construction inspection for land development, capital improvements, and encroachment permit projects. We specialize in partnering with clients to maintain good community relations with residents and businesses affected by construction.

Willdan's corporate philosophy emphasizes strong leadership, cost effectiveness, timely performance, and consistent reciprocal communication with clients and affected stakeholders.

Our construction observers offer reliable service, quality workmanship, use of good judgment, fair and equitable treatment, and adherence to our corporate integrity. These experienced team members identify and correct discrepancies, ambiguities, omissions, or conflicts in plans and specifications that might generate misinterpretation and/or lead to the Department and Developer or contractor disagreements. Our professionals are adept at anticipating issues before they arise through continual review of project plans, specifications, contractors’ schedules, and contract documents. Potential problems are brought to the attention of the City’s Project Manager and/or the contractor, along with constructive recommendations for solutions so costly delays and negative impacts to the project schedule are avoided.

Project Management
Willdan’s comprehensive project management services can take projects from inception to completion.

Our staff are experts in planning and funding administration, engineering design, program and project management, construction management, survey, materials testing, utility coordination, labor compliance, and community relations. Strong leadership, cost effectiveness, timely performance, and consistent reciprocal communication with clients are key to our approach. Willdan customizes comprehensive programs to deliver any scope of services requested – from simple observation inspection to complete design and construction management, including oversight and management of the design team, administration of the general contractor’s contract, project scheduling, project budget, project controls, building inspections, public works inspection and/or observation, deputy inspections, and materials testing.

Section 2: Project Analysis
Willdan understands the intricacies and uniqueness of inspecting land development assignments relative to inspecting capital improvement projects. Inspection efforts shall effectively and efficiently ensure that all work complies with the approved construction documents and applicable codes and regulations such as Greenbook, Caltrans, APWA, AWWA, City of Sierra Madre, and other applicable codes and regulations. Through Willdan's long history of providing these identical services to cities throughout California, we have ascertained that success working under this type of assignment is dependent upon understanding a variety of elements such as:
 Land development inspectors play a critical role in ensuring the infrastructure which will ultimately be dedicated to the City at Acceptance are built to City standards for long-term durability and transition into municipal maintenance programs
 Land development inspections emphasize conformance to approved plans, public safety and convenience, and future maintenance readiness
 Since land development projects are typically paid for up front by the Developer, inspection services do not require as close of tracking of installed quantities or detailed monitoring of extra work, allowing inspectors focus their efforts on compliance rather than contract administration Construction
Inspection
 Pre-Construction Conditions
Documentation
 Field Inspection
 Daily Photographs
 Dust Control Monitoring
 Weekly Meeting Participation
 Detailed Reporting
 Material Testing Results
Monitoring
 Construction Observation
 Public Works Certificate of
Occupancy Inspections
 Utility Coordination
4  Varying interests and priorities of the Developer and the City in the Development construction can lead to politics impacting the work, requiring the inspector to ensure Developers do not cut corners, particularly when constructing infrastructure that the City will eventually own and maintain  Adequate documentation is needed for final acceptance, punch lists, deficiency notices, and ultimately release of Developer bonds.
 Flexibility in service assignments, understanding work to date, and coordinating the completion of project tasks is crucial due to the Developer’s varying pace, sequencing, and schedule or changing priorities, which are mostly out of the City’s control
 Staff availability to match skill sets with construction elements and matching staffing to workload as they develop is critical to moving projects forward, as there may be times of significant concurrent work occurring or construction contracts requiring specialized skill sets and qualifications (e.g. water and sewer line installations)
 Construction documents for land development construction contracts often times do not include any, or not as complete, a set of specifications as you would typically see on a capital improvement project, which can lead to ambiguities during construction
 Need for aligning inspection staff who have relevant qualifications and experience due to the wide range of improvements that will be constructed over the life of the Development’s construction, from remedial grading through occupancy
 Frequent communication with the City’s plan check team and Developer is critical to understanding upcoming activities and what is driving the Developer’s schedule (e.g. establishing source for fire flow during construction, Developer’s committed-to home closing dates, phasing milestones required by the Development agreement, etc.)
 Efficient use of resources is important to keep costs to the Developer minimized, while still assuring the City of quality improvements being handed over at Acceptance  Consistent, organized project management is vital due to the potential involvement of multiple inspection staff and numerous construction contracts
 Timely quality assurance review of construction submittals is critical to protecting the City’s interests while not impeding the Developer’s schedule
Section 3: Objective, Scope, Nature of Proposed Program Project Understanding
The City of Sierra Madre’s Meadows Development Project (Tract No. 83966) is a residential subdivision located within a hillside environment that includes extensive rough grading, public and private street improvements, drainage infrastructure, water and sanitary sewer utilities, and engineered retaining wall systems. The project will support the development of multiple residential lots and associated public infrastructure, including improvements along Sunnyside Avenue, Carter Avenue, and internal public streets identified as A Street, B Street, and C Street.

The project includes significant rough grading operations involving cut and fill earthwork to create building pads, roadway subgrades, slopes, and drainage features in accordance with the approved grading plans and geotechnical recommendations. Grading improvements also include construction of engineered slopes, pad certification, and coordination with erosion control and stormwater best management practices throughout the site. Surface and subsurface drainage improvements include concrete swales, terrace drains, down drains, riprap outlets, detention basin facilities, and temporary and permanent erosion control measures.

Street improvements consist of the construction of new public and private roadways, including curb and gutter, sidewalks, parkways, pavement structural sections, drive approaches, and transitions to existing streets. Street work 5 will require inspection of subgrade preparation, aggregate base placement, asphalt and concrete paving, drainage structures, and compliance with approved alignments, profiles, and cross sections.

The project also includes installation of new public water and sanitary sewer infrastructure to serve the proposed development. Water improvements include new water mains, service laterals, valves, fire hydrants, meter services, thrust blocks, and associated appurtenances within public rights-of-way. Sanitary sewer improvements include construction of new gravity sewer mains, manholes, cleanouts, house laterals, trench backfill, testing, and connections to the existing sewer system. These utilities are designed in accordance with City of Sierra Madre standards, Los Angeles County Department of Public Works requirements, and the Standard Specifications for Public Works Construction. Proper horizontal and vertical clearances between utilities, roadway features, and drainage systems are a critical aspect of construction sequencing and inspection.

In addition, the project includes construction of nine (9) mechanically stabilized earth (MSE) retaining walls utilizing the Verdura® Retaining Wall System. These walls range from approximately 9 feet to over 25 feet in height and support residential pads, roadways, slopes, and a detention basin. The retaining walls are designed to meet California Building Code and ICC-ES requirements, including seismic loading conditions, and incorporate reinforced soil zones, modular concrete facing units, and drainage components.

Inspection services for this project are critical due to the complexity of the grading operations, the integration of underground utilities within new roadways, and the construction of specialty retaining wall systems in a constrained hillside environment. Inspection efforts will focus on observation and documentation of rough grading and compaction, slope construction, drainage installation, water and sewer utility construction and testing, roadway improvements, and retaining wall installation in accordance with approved plans, geotechnical recommendations, and City standards. Special inspections associated with the Verdura® retaining wall system will also be required.

Successful delivery of the project will require close coordination among the contractor, design engineers, geotechnical engineer of record, utility providers, and City representatives. A proactive and experienced inspection team will support compliance, identify issues early, and help the City of Sierra Madre achieve its goals for public safety, infrastructure durability, and long-term performance.

Objective
The objective of the proposed consultant contract is to thoroughly inspect the private development and work within the public right-of-way, as stated in the Statement of Work. The Inspection Services Section of the Department aims to provide timely, efficient, and professional service responsive to the needs of the development sector and expects the selected Consultant to serve as an extension of staff to maintain or exceed the same standards and level of service.

As a qualified Consultant, Willdan would be expected to:
 Provide comprehensive and reliable public-works inspection services tailored to each phase;  Ensure coordination with City departments (Engineering Development Services, Building & Safety, Environmental Compliance) throughout construction;
 Deliver timely, professional inspection coverage, minimizing disruption to internal City staff while upholding safety and compliance;
 Maintain flexibility to adjust scope with phased development, such as Lot relocations, rephasing, or plan modifications approved by the Planning Commission.

Statement of Work
Under the direction of the City Engineer or his delegate, Willdan will perform field observation of the private development and associated work within the public right-of-way of the Subdivision.

A. Scope of Inspection: The inspection services will include, but are not limited to, the observation and inspection of the following:
6 1. Vegetation, clearing, and grubbing.

2. Observe the demolition of existing improvements and other appurtenances.

3. Provide grading of soil (remedial, rough, and precise).

4. Streets, curb, gutter, sidewalk, driveways, striping, signage, and streetlights.

5. Water mains, valves, services, meters, and appurtenances.

6. Sewer mains, laterals, and appurtenances.

7. Post-Construction Best Management Practices.

8. Landscaping within the City right-of-way.

B. Administration

1. Attend preconstruction meetings with City (staff and contracted).

2. Meet with various City representatives, when requested, to discuss Consultant comments, questions, and/or required corrections. All such meetings will be held at City with its representatives, unless a different arrangement is approved by the City.

C. Reporting

1. Report, document, and log inspections. The Consultant must complete an inspection report after each inspection and promptly provide copies to the City on a weekly basis. The report must contain the findings of the inspection and recommendations, particularly those dealing with code deficiencies, hazards and safety, and substandard maintenance. One copy of the report must be provided to the City.

2. Confirm final improvements are installed, “As Built Plans” are accurate and cleared for final signoff.

D. Expectations of Consultant Availability

1. During active construction
a. 5 days per week
b. 6 hours per day minimum
c. Variable hours per days as agreed upon by the City
d. One dedicated observer for underground storm drain, water and sewer, and utilities e. One dedicated observer for concrete and paving
f. Depending on contractor productivity and inspector qualifications, a single staff member may be able to handle all improvement observation

2. Work Hours and Emergencies
a. Inspections may also involve emergency-related short notice and/or overtime night and weekend hours.

Overall Approach Overview
Our approach to serving the City on this contract is based upon our 61-year history of serving public agencies. Willdan utilizes a management approach, whereby each assignment is undertaken by a project team. Each project is assigned to a senior member of our staff with the background, experience, and availability best suited for the assignment.

The fundamental goal of Willdan's team is to provide the City with the highest level of support in completing the requested services. This will require close personal coordination between Willdan and the City. To accomplish this, we will conduct interactive meetings with City staff throughout the course of the assignment to ensure all issues are 7 addressed. Our team has a broad variety of talents and experience in capital improvement project and land development plan checking, inspection, and contract administration; facility and infrastructure maintenance and repair; and soils testing. Combined with our understanding of the desired services, Willdan can assist the City with successful completion of all engineering matters if needed.

Our approach to construction inspection for the Project is built around providing consistent, knowledgeable, and proactive field oversight to ensure that all work is completed in full compliance with approved plans, applicable standards, development agreement, conditions of approval, and City expectations. We understand the critical role of inspection in protecting the City’s infrastructure and ensuring long-term system performance.

Inspector Assignment and Onboarding
We will assign experienced inspectors with specific expertise in the items being constructed. On projects of this type, it is critical to assign inspection staff with diverse and wide-ranging backgrounds as there may be many different types of construction occurring simultaneously at various locations throughout the tract. The life of a subdivision construction project is surely to involve numerous construction contracts and types of work, including mass grading, lot grading, retaining walls, storm drains, retention/detention basins, wet utility installations, dry utility installations, street lighting, electrical, street improvements, roadway construction, landscaping and irrigation, homes, signing and striping. Prior to mobilization, our inspectors will become fully familiar with the project plans, specifications, safety protocols, traffic control requirements, and site-specific considerations throughout the proposed streets and neighborhoods. A lead inspector will be assigned to the Project with the intent to be involved from start to finish of the project.

Deployment of additional inspection staff will be dependent on the Developer’s proposed phasing and contractors’ scheduling. There may be times when additional inspectors may need to be mobilized to ensure adequate coverage of critical work activities or specialized items. Our team includes additional redundant local staffing with proper qualifications and experience on land development projects to ensure that we can be responsive to the Project’s fluctuating needs.

Daily Construction Oversight
Our inspectors will be present during critical phases of construction, including:
 Vegetation, clearing, and grubbing.
 Observe the demolition of existing improvements and other appurtenances.  Provide grading of soil (remedial, rough, and precise).  Streets, curb, gutter, sidewalk, driveways, striping, signage, and streetlights.  Water mains, valves, services, meters, and appurtenances.  Sewer mains, laterals, and appurtenances.
 Post-Construction Best Management Practices.
 Landscaping within the City right-of-way.

Our inspector(s) will communicate and coordinate with the various contractors’ foreman or superintendent every morning and throughout the day.

Compliance and Quality Assurance
We will monitor all contractor activities to ensure adherence to the City’s standards, approved construction documents, industry standards, and best practices. Any observed deficiencies will be documented and communicated promptly to the City and the contractor for resolution.

It is anticipated that the Developer will provide quality control observation and testing of subgrade preparation and baserock placement in asphalt and concrete paved areas, observation, and verification during retaining wall footing and backfill construction, and observation and testing during backfilling of utility trenches (bedding and trench zone).

Our inspector will monitor the testing results to ensure compliance with the approved contract documents and project geotechnical report.
8 Documentation and Reporting
We will provide detailed daily inspection reports, including photographs, and field notes. They will maintain daily logs, photograph progress, and record key installation metrics.

Willdan typically utilizes the cloud-based software, Virtual Project Manager, to prepare daily inspection reports, store project photographs, and track labor and equipment. However, if the City has an alternate software, or standard daily inspection report form, Willdan’s staff will utilize the City’s preferred format.

Our team is adept at:
 Anticipating job site problems
 Calling job site problems to the project manager’s and/or contractor’s attention
 Offering constructive recommendations and achieving cooperation from the contractor
 Dealing with issues in a professional, straightforward fashion  Addressing concerns of the public
Our approach to issue resolutions is to:
 Obtain and document the facts surrounding the issue
 Develop reasonable solutions in conjunction with the contractor and City project manager
 Respond quickly and effectively so that job progress and quality do not suffer
Through close communication with the City’s project staff, timely corrective action is taken to alleviate potential adverse impacts of work progress, costly change orders, and construction claims.

Willdan will commit the appropriate staff to ensure staffing matches project needs, ramping staffing up or down as the workload dictates. Our intended approach is to:
 Fully understand each phase or construction contract
 Review each project scope of work in detail with City staff  Agree on course or extent of best-suited action
 Proceed with inspection services accordingly
Keys to Success – Task Order Project Management
 Be proactive in informing City staff of project issues along with proposed resolutions
 Communicate progress and project schedules to City staff  Develop and maintain collaborative, trusting working relationships with City, Developer, and Contractor staff
 Be flexible on staffing and types of services provided to meet City's needs  Be cost-effective
 Have continuous-improvement mentality
 Be responsive to needs of City
Section 4: Work Program
Project Approach
Willdan has experience in managing projects that span water, wastewater, stormwater capture, sewer, storm drain, and pipeline improvements, and has experience in best practices to avoid potential conflicts and avoid or mitigate any hazards during construction. Our goal is to anticipate or diminish potential problems before they arise through continual review of project plans, specifications, contractor’s schedule, and other contract documents.

Review Each Project
in Detail
Agree on a Course
of Action
Proceed Accordingly
with the Services
Basic Principles to Project Approach
9 Our team is adept at:
 Anticipating job site problems
 Calling job site problems to the project manager’s and/or contractor’s attention  Offering constructive recommendations and achieving cooperation from the contractor  Dealing with issues in a professional, straightforward fashion Our approach to issue resolutions is to:
 Obtain and document the facts surrounding the issue
 Develop reasonable solutions in conjunction with the contractor and City project manager  Respond quickly and effectively so that job progress and quality do not suffer Through close communication with the Developer’s project staff, timely corrective action is taken to alleviate potential adverse impacts of work progress, costly change orders, and construction claims.

Communication
Willdan recognizes that effective, ongoing, cooperative communication between all parties over the course of any project is essential to successful completion. This communication starts with a project kick-off meeting where the objectives and expectations of the City for the project are clearly articulated and understood by Willdan. In addition, agreed-upon methods and scheduling of formal reporting are established with identification of individuals to be involved in the project's decision-making process. This sets forth accountability and responsibility for informing and facilitating the project.

As the project progresses, our team will maintain open lines of communication with the City’s Project Manager, Developer representatives, and other stakeholders. We will participate in regular construction meetings and assist in resolving field issues to keep the project moving efficiently.

Scope of Services
Scope of Work Willdan’s Duties
Project
Management
Upon receipt of the signed contract and NTP, Willdan will schedule a kick-off meeting with City staff to fully clarify critical elements of the project. We will prepare a discussion agenda that focuses on the project understanding (overview), project constraints, project progress, and team member involvement.

This meeting will also include a review of background information provided by the City, and project scope, schedule, objectives, milestones, and details.
 Serve as primary contact for the City regarding contract performance and delivery of professional services
 Prepare and submit monthly invoices
 Serve as the direct supervisor for Willdan’s Public Works Observer  Provide Willdan staff with office supplies, tools, and equipment necessary to perform the requested inspection services
 Coordinate and monitor inspection activities
 Review daily inspection reports prior to submission to the Department  Ensure submittal reviews are completed by the Developer’s Engineer(s) and perform quality assurance review of submittals on behalf of the City.

Quality
Assurance
Management
 Perform periodic review of Willdan’s construction file, including daily inspection reports, material testing reports, and photographs to ensure compliance with Willdan, City, and file organization standards and to ensure that project documentation is up to date Public Works
Observation/
Construction
Inspection
 Review plans, specifications, and all other contract- and construction-related documents.  Conduct a field investigation of the project area to become familiar with the existing facilities and the project environment.
 Become familiar with traffic control plans, construction schedule, construction sequence, and any permit requirements from other agencies.
10 Scope of Work Willdan’s Duties
 Provide as-needed daytime construction inspection, of the work to monitor materials and methods for compliance with plans, specifications, and contract documents; address and document nonconforming items as they are discovered.  Ensure compliance of Underground Service Alert notification/delineation.  Verify that the contractor conforms to the design survey line and grades.  Attend weekly progress meetings with the construction manager, contractor, and subcontractors.  Monitor compliance with the Clean Air Act and the Clean Water Act (National Pollutant Discharge Elimination System – NPDES best management practices). Also, monitor the contractor’s compliance with approved SWPPP and maintain copies of the QSP’s stormwater inspection reports.  Monitor compliance with Cal OSHA requirements and compliance with all local, state, and federal regulations. Although Willdan will monitor the activities, it is the contractor’s sole responsibility to provide workers with a safe working environment.
 Meet with the contractor at the beginning of each day and review the proposed work plan, including specific details that may affect progress.
 Review actual contractor performance throughout the day and discuss discrepancies with the contractor as they occur.
 Closely monitor testing results (testing performed by others) and require the contractor to provide corrective measures to achieve compliance.
 Evaluate the contractor’s operation and production with respect to quality and progress and report to City Project Manager and Willdan’s Construction Manager.  Inform the City’s Project Manager of major changes in the field and advise of the potential need for change order reviews by the City’s land development plan check team.  Maintain field file bound workbooks, and Willdan electronic file, during construction, including a cumulative record of daily reports, photographs, and other documentation.  Maintain and submit a clean set of plans marked in red for as-built corrections on record drawings to be filed with the City.
 Prepare a punch list at substantial completion of each phase or construction contract and follow up with the contractor regarding progress of corrections.
 Maintain a photographic record of key elements of each major operation of work each day, with increased detail in situations of potential changes or claims.  Maintain copies of all permits needed to construct the project and enforce special requirements of each.
 Prepare and maintain detailed daily diary inspector reports on construction progress.

Project
Closeout and
Deliverables
 Schedule a final inspection with the City and applicable agencies; prepare, distribute, and inspect corrections to the final punch list for completion; and recommend final acceptance.  Ensure City receives as-built set of drawings at completion.  Finalize and deliver all construction files and supplies to Department for their records.

Section 5: Methodology
Overall Project Methodology
Willdan's methodology focuses heavily on client service and communications. As a firm with a strong public agency orientation, many of our client relationships are long-term and ones in which our staff develops intimate familiarity with the client's staff since we serve as an extension of public agency staff. Such is the case with the City of Sierra Madre, as Willdan provided land development plan check services for the Project. It is extremely important to Willdan that our presence on each assignment is seamless.

Land Development Construction Inspection Services Methodology Once a project is assigned, our goal is to deliver projects to the City of Sierra Madre ensuring that the final project and public improvements handed over to the City comply with the approved construction documents and meet the 11 highest quality standards. To achieve this, specific protocols will be put into place by the Willdan Team. The following is a list of critical elements:
 Kickoff Meeting: Willdan will lead a kickoff meeting with the City Project Manager to review the scope of work, schedule, lines of communication, stakeholders and decision-makers, goals, and expectations for the assignment.
 Pre-Construction Meetings: With the notification by the City to the general contractor to proceed with construction, Willdan will assist the Developer in arranging a pre-construction meeting for each phase or construction contract.
 Submittal Process Involvement: The Developer’s Engineer of Record (EOR) should be responsible for review of all material submittals that are provided by the contractor(s). When providing land development inspection services, Willdan typically also provides quality assurance reviews of material submittals prior to their incorporation into the construction. In order to minimize costs to the Developer, the EOR review should be completed prior to Willdan beginning our submittal review. If submittals are sent to Willdan without the EOR’s submittal review stamp, the submittal will be returned to the Developer’s Construction Manager without review.
 Weekly Progress Meetings: Willdan’s inspector will participate in weekly progress meetings with the Developer and Contractor for each construction contract. Meetings are assumed to be scheduled, documented (agenda and minutes), and run by the Developer’s Construction Manager. Willdan’s Project Manager will also attend weekly progress meetings as needed to keep abreast of construction schedules and submittals status.
 Biweekly Project Status Meetings: Willdan’s Project Manager will attend biweekly project status update meetings with the Developer. Since there are anticipated to be times when there are multiple simultaneous construction contracts active concurrently, participating in regular status update meetings is critical to staying ahead of the need for staffing changes (ramping up or down) and understanding submittal items or other City coordination items that are critical to keeping the work moving forward.  Interdepartmental City Coordination: Willdan’s Team will serve as the City’s representative during construction and will elevate items requiring City coordination to the various Departments that are pertinent to the item needed (e.g. Water Works, Sanitation, Planning).  Construction Documentation: Willdan utilizes the online, cloud-based platform Virtual Project Manager (VPM) for daily inspection reports and photographs. VPM provides the City Team and Willdan Team with real-time access to project details from the field. If the City has their own platform or daily report forms, Willdan will accommodate the City’s established applications and processes.  Project Close-Out: Willdan recognizes that Project Close-out is not a simple thing. Project Close-out requires a methodical step-by-step review of all completed work and submitted documentation. At the conclusion of the project, Willdan will provide all construction documents, including as-built plans, testing results, manuals, warranties, inspection reports, etc. Willdan’s Team will have the goal of creating and maintaining a complete documentation trail for activities that occur during construction.

Willdan’s team will coordinate the efforts of the developer and various contractors in constructing the project and the efforts of City staff in permitting, accepting/approving the constructed improvements. Willdan's team will review all work as it is constructed along with all supporting documentation establishing the technical adequacy of the construction and the schedule of implementation. Willdan's team will track the progress of construction, submittals, reviews, and resolutions for all technical data and issues. Willdan's team will report to the City on the progress of construction and all technical parameters of the project and budget status of Willdan’s contract.

To facilitate coordinating, reviewing, tracking, and reporting, Willdan's team will utilize Microsoft Office and Virtual Project Manager (VPM) software. All daily reports and photographs will be completed in VPM’s cloud-based online portal. All data that is tracked requires development of logs, including requests for information and submittals, are tracked using VPM software.
12 Typical Construction Inspection Tasks
To achieve and document Willdan's goals for quality, schedule, and budget, a systematic set of tasks – as presented below – will be performed by Willdan's team.

Review of Construction Documents. Willdan's team will review the developer/engineer team’s construction documents to familiarize ourselves with the various plan permitted sets.

Preconstruction Meeting. Willdan's team will attend a preconstruction meeting (led by others). In attendance at this meeting, in addition to the Developer, contractor and Willdan's team, will be representatives of the City and any other entities deemed necessary by the City or Willdan's team.

Daily Site Observations. Once the Developer’s contractor team has started work, Willdan's team will inspect the site and monitor the work daily. These inspections will focus on reviewing the work performed to ensure the materials and installations are in conformance with the contract documents. The inspections will focus on verifying all required deputy inspections, material testing, and engineer-of-record observations that occur at the appropriate time and do not cause project delays. Willdan's team will review the site for conformance with the contractor’s safety plan, dust control, and site cleanliness. The results of these daily inspections will be documented in a report made available to the City, documenting ongoing and complete work activities, number and type of personnel onsite, weather conditions, number and type of equipment onsite, visitors to the site, and any unusual or pertinent occurrences.

Non-Conforming Work. During the periodic inspections conducted by Willdan's team, any work observed that does not meet the requirements of the contract drawings or specifications will be documented in a non-conformance report. These reports will be given to the contractor with a copy provided to City staff. Willdan's team will maintain a non-conformance reports log documenting the non-conformance report number, nature of the non-conformance, date the report was issued, resolution and date of the resolution.

Requests for Information. During the work, it is inevitable that the contractor will require clarification as to the intent or specific details on the contract drawings. These clarifications will typically come from the Developer’s Construction Manager or Engineer of Record. However, there may be some RFIs that require City input or direction.

In the event an RFI does require City response, said RFIs will be managed and processed through Willdan’s Project Manager. Willdan's Project Manager will respond or forward them to the appropriate City Department or party after reviewing the request for completion, clarity, and understanding. When the response is received, Willdan's team will review the response for clarity and understanding before providing to the Developer.

Submittals. The contract documents will require the contractors to provide submittals consisting of technical data sheets and/or shop drawings for specific components/materials being installed. During the project, the Developer’s Construction Manager or Land Development Manager will forward all submittals to Willdan's team after the Developer’s Engineer of Record has reviewed them from a technical and contract compliance perspective. These submittals will then be reviewed by the Construction Manager for quality assurance purposes and to protect the City’s interests. The Construction Submittal Flow Diagram provided below shows the typical flow of submittals that are recommended on land development projects.
13 Communications. During the project, various forms of communication will occur – written, electronic, and/or verbal.

Willdan's team will strive to have all construction-related communications between the Developer and the City flow through our team. Willdan’s Team will strive to keep the City’s Project Manager informed of project schedules, constraints, and issues.

Weekly Progress Meetings. It is expected that the Developer will hold a weekly progress meeting with the contractor for most of the construction contracts let by the Developer. It is anticipated Willdan staff will attend each of these meetings and the Developer’s representative, contractor, and engineer of record team attending as well. The upcoming construction schedule and all key issues affecting the work will be discussed. Any coordination issues with the City will be discussed and reported back to the City’s Project Manager as needed. Detailed notes of the meetings will be taken but it is assumed that formal agendas and minutes will be prepared by the Developer’s representative.

Progress Photographs. Digital photographs documenting all key areas of construction will be taken daily. The digital images will be stored electronically.

As-Built Drawings. The contractors will be required to prepare red-line drawings to document as-built conditions.

Willdan's team will periodically review the contractor’s as-built drawings to verify they have redlined all field changes and discrepancies.

Project Close-Out. Project close-out initiates when the contractor indicates he is prepared to start close-out procedures. The first focus is on the work completed. Willdan's team, in conjunction with the Developer’s engineer team, City staff, Developer and the contractor, will conduct a walkdown at the completed site to establish a punch list. Willdan's team will then monitor the contractor’s progress in working off the punch list. Once the punch list has been completed, a final walkdown with the same parties will be conducted to agree on final acceptance of the work.

Willdan's team will coordinate with the Developer team and the City to obtain, and file required certificates of substantial completion and/or occupancy, along with final inspection sign-offs. Willdan's team will monitor and track the contractor’s submittal of all required maintenance manuals and warranties and coordinate review and acceptance by the Developer/Engineer of Record team.

14 Section 6: Project Management
Our staffing approach begins with designating a complete project management team. Each project management team will be led by a principal representative with full authority to direct operations and commit resources. In addition to the principal representative, the management team will include expert staff specializing in the type of service requested. Our array of in-house experts allows Willdan to develop a specialized management team for each requested project.

Mr. Bustos will serve as Willdan’s primary Project Manager for this assignment. He currently serves as Deputy Director of Willdan’s Construction Services Group, which encompasses construction management, public works inspection, labor compliance, and materials testing. Willdan’s Construction Services Group includes over 65 individuals with varying complementary skill sets. Mr. Bustos will be supported by a team of office engineers, administrative staff, and technical aides to ensure timely response to coordination and review tasks throughout the life of the Development construction. Mr. Bustos and his support staff will primarily be based out of Willdan’s Ventura office at 374 Poli Street, Suite 101.

Section 7: Assigned Personnel
Proposed Team
As Willdan explored the scope of work and identified and investigated key needs based upon the Request for Proposals, we assembled our project team – matching expertise to on-call needs. The selected individuals will lend their expertise and knowledge through innovative solutions and quality results. We have provided resumes for our key staff identifying the project manager and leads who will be responsible for day-to-day management.

Proposed Team Role/Responsibilities Credentials
Michael Bustos, PE, ENV SP
24 Years of Experience
Principal-In-Charge/
Project Manager
 Civil Engineer, California No. 73173
 Envision Sustainability Professional, Institute for
Sustainable Infrastructure No. 2696
 Project Manager, City of Fillmore (Tract 5520,
Creekside)
 Project Manager, City of Santa Paula (Harvest at
Limoneira)
 Developer
Coordination
 City Coordination
 QA Submittal
Review
Mike Corral
17 Years of Experience
Construction
Inspector
 General Education, Orange Coast College
 Nuclear Gauge Operator, Pacific Nuclear
Technologies
 Concrete Field Testing Technician, ACI
 Sampling and Relative Compaction, Caltrans
 Field
Representative
 Daily Observation
 Construction
Documentation
Richard Santana
16 Years of Experience
Construction
Inspector
 Construction Inspection Certificate, Rancho
Santiago College
 Field
Representative
 Daily Observation
 Construction
Documentation
Javier Ramirez
32 Years of Experience
Construction
Inspector
 OSHA 30 Hour Training
15 Proposed Team Role/Responsibilities Credentials
 Field
Representative
 Daily Observation
 Construction
Documentation
 Land Development/Encroachment Permit
Inspector, City of Claremont
 Land Development Inspector, City of Santa Paula
(Harvest at Limoneira)
 Former Superintendent for Local Underground
Contractor
Heleo Espinoza
41 Years of Experience
Construction
Inspector
 Citrus College, Mount San Antonio College, and
Rancho Santiago College
 Courses in: Water Science and Public Works
involving Traffic Control Safety, Concrete, Asphalt,
Trees, Storm Systems
 JPIA Training Courses
 AWWA Training Courses
 City of Santa Fe Springs Supervisor Training Courses
 State Certified in Water Treatment (1)
 State Certified in W
 .ater Distribution (2)
 Member of Municipal Superintendents Association
(MSA)
 Field
Representative
 Daily Observation
 Construction
Documentation
Simon Hernandez
28 Years of Experience
Construction
Inspector
 Land Development Inspector, City of Fillmore (Tract
5520)
 Land Development Inspector, City of Santa Paula
(Harvest at Limoneira)
 E-Rail certified
 Roadway Workers certified
 CIC certified
 Fall protection certified and trained
 American Construction Inspectors Association:

Rubberized Asphalt Plant Inspection
 Certification in Safety on Job Sites
 OSHA Certifications: Trenching and Excavations
 First Aid and CPR Certified
 Competent Person Certified
 Traffic Control for Safer Work Zones Certification
 Field
Representative
 Daily Observation
 Construction
Documentation
Resumes
Willdan has provided resumes for our proposed team. Resumes for our additional support staff are available upon request.

16 Michael Bustos, PE, ENV SP
Public Works Construction Inspection Task Manager
Profile Summary
Education: Resident Engineer Academy, California Department of Transportation BS, Civil Engineering (magna cum laude); California Polytechnic State University, San Luis Obispo Registration: Civil Engineer, California No. 73173
Envision Sustainability Professional
Experience: 19 Years
Mr. Michael Bustos is responsible for construction management, analysis, and design of roadway reconstruction, drainage improvement, water and sewer pipeline, pavement rehabilitation, street improvement, traffic signal, landscaping and irrigation, ADA improvement, and grading projects. He has served as construction manager or resident engineer for over 100 public works projects. Mr. Bustos has gained valuable experience in on-site construction management, off-site construction administration, inspection, design, and plan checking. He serves as Deputy Director of Construction Management and Inspection, overseeing services provided by approximately 36 highly experienced inspectors.

Relevant Project Experience
East Area 1 – Harvest at Limoneira Development, City of Santa Paula, California. Project Manager. Since 2020, Mr.

Bustos has provided project management for Willdan’s inspection services for public works improvements related to the East Area 1 Harvest at Limoneira development. This 1,500 residential-unit development includes light industrial and commercial uses as well. Willdan provides inspection on behalf of the City for all public improvements, including mass grading, rough grading, lot grading, utility infrastructure, flood control and drainage features, parks, street improvements, traffic signals, and landscaping. Mr. Bustos is responsible for ensuring sufficient inspection staffing throughout the various phases of construction. He also manages the quality assurance submittal review process on behalf of the City, coordinates plan revisions, attends biweekly project status meetings and weekly construction meetings, and serves as liaison between City staff and the developer.

Heritage Valley Parks Tract No. 5520 Development Onsite Improvements, City of Fillmore, California. Project Manager responsible for overall project management and oversight of construction management services required for the development onsite improvements and for submittal and RFI processing, coordination of plan revisions, leading weekly construction meetings, and serving as liaison between City staff and the developer. The private development project improvements encompass all wet and dry utilities, drainage and street improvements, landscaping and irrigation, and roadway structural sections required to support the 497-unit development. Willdan is providing a full-time inspector and a part-time project manager to run biweekly construction meetings and serve as liaison between the developer/contractor and City staff. Improvements encompass rough grading, drainage improvements, wet utilities, curb, gutter, sidewalks, and paving. Inspections entail verifying conformance with the approved plans and conditions of approval, preparing daily reports, taking daily photos, conducting public works certificate of occupancy inspections, coordinating with the developer’s soils lab to verify proper compaction testing and inspection frequencies, logging compaction reports, and ensuring special inspections for concrete, steel reinforcement, grading, and masonry.

Heritage Valley Parks Tract No. 5520 Development Offsite Storm Drain Improvements, City of Fillmore, California.

Project Manager responsible for overall project management and oversight of construction management services required for offsite storm drain improvements and for processing submittals and requests for information, coordinating plan revisions, leading weekly construction meetings, and serving as liaison between City staff, Ventura County Watershed Protection District staff, and the developer. The private development project was conditioned to construct public storm drain improvements to redirect and underground surface flows around the development.

The improvements involved approximately 1,750 linear feet of double-reinforced concrete box; 1,100 lineal feet of single-reinforced concrete box; 800 linear feet of open channel; and 600 linear feet of RCP. Willdan provided a fulltime inspector and a part-time project manager to run biweekly construction meetings and serve as liaison between the developer/contractor, City staff, and Ventura County Watershed Protection District. Improvements encompass 17 rough grading, drainage improvements, wet utilities, curb, gutter, sidewalks, and paving. Inspections entail verifying conformance with the approved plans and conditions of approval, preparing daily reports, taking daily photos, conducting public works certificate of occupancy inspections, coordinating with the developer’s soils lab to verify proper compaction testing and inspection frequencies, logging compaction reports, and ensuring special inspections for concrete, steel reinforcement, grading, masonry, structural steel, high-strength bolts, and epoxy.

Rio Vista Park, City of Fillmore, California. Project/Construction Manager responsible for overall project management and oversight of construction management services required for offsite storm drain improvements and for processing submittals and requests for information, leading weekly construction meetings, and serving as liaison between City staff and the developer. Willdan provided plan review, construction management, and inspection services for the $4 million developer-built /City-owned-and-maintained park located on Heritage Valley Parkway. The park includes picnic trellises, maintenance and restroom buildings, rubber-surfaced tot and toddler lots with shade structures, perimeter iron fencing, decorative handrails, outdoor basketball court, fitness area, soccer fields, detention basins, parking lot paver entryway, and landscaping and irrigation. Inspections entails ensuring conditions of approval, ADA, California Building Code, and Health Department regulations and requirements were met and the approved plans were followed. Landscaping and planting materials were reviewed and approved prior to delivery with a final landscaping punch list inspection performed on behalf of the City.

Operations and maintenance manuals, spare parts, controller charts, irrigation as-builts, and system operation were turned over to the City’s landscape maintenance contractor.

18 Mike Corral (Public Works Observer)
Construction Inspector
Profile Summary
Education: General Education, Orange Coast College
Certifications: Nuclear Gauge Operator, Pacific Nuclear Technologies Concrete Field Testing Technician, ACI
Sampling and Relative Compaction, CaltranS
Experience: 17 Years
Current Assignment: Currently between assignments
Mr. Mike Corral has over fifteen years of soils testing and inspection experience in diverse civil construction, working on a wide range of private and public projects. Mr. Corral is skilled in various soils/asphalt testing and inspecting methods during grading operations, foundation installation, and pavement placement. He is also proficient in conducting asphalt plant inspection and testing.

Relevant Project Experience
Cooperative City/County Pavement Rehabilitation Project (Project No. str20003), City of Highland, California.

Public Works Observer. Willdan provided the services of a qualified construction engineering consultant to provide construction management and inspection services for the Sector E Pavement Rehabilitation Project, City Project No. str20003. This project involves pavement rehabilitation including pavement grinding, cold central plant recycling, pavement removal and replacement, and asphalt rubber overlay. The scope of work includes minor removal and replacement of damaged concrete sidewalk, curb and gutter, and cross gutter; grinding raised sidewalk panels; slurry seal, crack repair, crack seal; adjusting valve covers to final grade, protection of manholes; and installation of striping and markings.

Sandia Creek Drive and Via Vaquero Road Street Improvements, De Luz Community Service District, California.

Public Works Inspector. Willdan is currently providing construction management, public works inspection, and labor compliance for the project. The work is comprised of the repair of washed-out roadway and culverts affected by washout at both locations of Sandia Creek Drive and Via Vaquero Road, including earthwork, paving, headwall construction, storm drain improvements and pipe lining.

Pavement Rehabilitation FY20/21, City of Yorba Linda, California. Public Works Inspector. he project included traffic control, cold milling, asphalt concrete overlay, asphalt concrete dig-outs, curb ramps, adjustments of survey monuments, manholes and valve covers to grade, installation of loop detectors, pavement striping, markings and markers and other miscellaneous improvements.
2021 Slurry Seal, City of Laguna Niguel, California. Public Works Inspector. Willdan provided construction management, public works inspection, and public outreach for the City's 2021 Slurry Seal Project.

Imperial Highway Improvements, City of La Mirada, California. Performed inspection duties during asphalt laydown procedures for the Euclid Street Restoration project. Asphalt was delivered utilizing the wind-row method. Due to the use of this procedure, Mr. Corral constantly inspected asphalt temperature prior to laydown. Utilizing a nuclear gauge for compaction testing, he also inspected placed asphalt concrete transverse and longitudinal lines for relative flatness.

Rosecrans Avenue Street Improvements, City of Norwalk, California. Mr. Corral inspected and tested approximately two miles of asphalt laydown operations for the Rosecrans Avenue Street Improvement project. He ensured relative compaction of laid asphalt was achieved by the double drum steel vibratory rollers during the duration of the project; also, paving operations were performed at night. Mr. Corral ensured delivered asphalt remained at required temperature ranges.

Garfield Avenue Street Improvements, City of Downey, California. Performed inspection duties during asphalt laydown procedures for the Garfield Avenue restoration project. Asphalt was delivered utilizing the wind-row method. Due to the use of this procedure, Mr. Corral constantly inspected asphalt temperature prior to laydown. 19 Utilizing a nuclear gauge for compaction testing, he also inspected placed asphalt concrete transverse and longitudinal lines for relative flatness.

Carson Street Restoration, City of Hawaiian Gardens, California. Inspected and tested paving operations for Carson St. Improvement Project. Mr. Corral inspected and tested asphalt overlay and asphalt placed on cold mill. Performed temperature, thickness and density tests on laid asphalt. Ensured placement of required AR4000 tack coat and petromat in recommended areas.

Santa Ana Street Restoration, City of South Gate, California. Inspected and tested one and a half miles of asphalt lay down operations on Santa Ana and San Antonio. Ensured contractor placed AR4000 tack coat on cold milled sections followed by a petro-mat prior to laying asphalt. During paving operations, inspected asphalt temperature, thickness, and density. Also, inspected the relative flatness of transverse and longitudinal lines to ensure feathered lines were per Greenbook standards.

Azusa Avenue Street Restoration, City of Covina, California. Inspected and tested one and a half miles of asphalt lay down operations on Azusa Avenue and adjacent side streets. Ensured contractor placed AR4000 tack coat on cold milled sections followed by a petro-mat prior to laying asphalt. During paving operations, inspected asphalt temperature, thickness, and density. Also, inspectec the relative flatness of transverse and longitudinal lines to ensure feathered lines were per Greenbook standards.
17th Street Reconstruction, City of Santa Ana, California. Performed asphalt concrete testing utilizing a nuclear gauge after street was removed during the installation of a water pipeline. Inspected temperature, thickness, and density of placed asphalt in the road. After asphalt was placed with a skipjack, ensured loose lifts did not exceed three inches prior to compaction. Recorded load number, delivery amount, and ensured recommended mix and asphalt types were placed in correct areas.

20 Richard Santana (Public Works Observer)
Construction Inspector
Profile Summary
Certifications: Construction Inspection Certificate, Rancho Santiago College Experience: 17 Years
Current Assignment: City of Pomona Park Project – Assignment Tentatively scheduled to end in September 2025 Mr. Ricky Santana possesses over 16 years of experience in the construction field. He is proficient in providing inspection of work, quality, and materials to ensure conformance of plans, specifications, codes, ordinances, and regulations of projects. He demonstrates initiative and judgement in monitoring projects, while ensuring safety procedures are followed. Mr. Santana is a detailed, well-organized individual which allows for excellent record and report preparation. He has excellent management, planning and leadership skills and possesses a professional work ethic. His strong communication skills allow for independent and team work. He has experience with Quick Bae, Google Earth, G-mail, Outlook, and other Google tools.

Relevant Project Experience
Banyan Street Pavement Rehabilitation Project, City of Rancho Cucamonga, California. Public Works Inspector.

Willdan provided construction inspection services for this project, which consists of PCC access curb ramps, 6-inch AC pavement, asphalt cold milling, asphalt rubber hot mix overlay, manhole adjustment, water valves to grade, pavement markers, and signing and thermoplastic striping, green thermoplastic bike lane and other appurtenant work.

Associated Road High Pressure Water Line, City of Brea, California. Public Works Inspector. Willdan provided construction management, inspection services, material testing, welding, and labor compliance services for this project, which included water system and street rehabilitation/reconstruction improvements on Associated Road, including the installation of 3,963 linear feet of 12” steel CMLC water line, resilient gate valves, blow-offs, air vacs, removal of interfering existing pipe, welding of 12 spool, disinfection trench paving, traffic striping, and all other improvements required to complete the project as shown on plans.

Country Hills II Street Rehabilitation/Reconstruction Improvements Project, City of Brea, California. Public Works Inspector. Willdan provided construction management, inspection, and labor compliance services for this project.

Located in the North Hills area of Brea, this project consists of pavement rehabilitation, including cold milling, placement of new asphalt concrete, sidewalk improvements, curb & gutter and curb ramp improvements, adjustment of manholes, replacement of 19,000 linear feet of water lines, and replacement of water meters and services.

East Bishop Drive Storm Drain Inspection Project, City of La Habra, California. Public Works Inspector. Willdan is providing construction inspection services for this project, which consists of replacement of an existing open channel with 72” RCP storm drain (about 570 feet); water realignment; street pavement reconstruction; curb, gutter, sidewalk and driveway reconstruction; and other related work.

Residential Street Paving Project, City of Azusa, California. Public Works Inspector. Willdan is providing construction inspection services for this project, which consists of construction of ADA access ramps, installation of signage and striping, roadway resurfacing, and reconstruction of damaged sidewalks.

Repairs of Bolivar Park Storm Water Capture Project, City of Lakewood, California. Public Works Inspector. Willdan provided project management and construction inspection services for the repairs on the City’s Bolivar Park Storm Water Capture Project.

Mayfair Park Stormwater and Runoff Capture Project, City of Lakewood, California. Public Works Inspector.

Willdan provided project management, construction inspection, and labor compliance services for this project that constructed infrastructure to divert, capture, and treat runoff from an existing concrete storm drain channel and then use the captured runoff to supplement park irrigation requirements. The project focused on hydrology, water quality, aesthetics and recreation.
21 Well 13A Treatment Facility Phase II Project, City of Lakewood, California. Public Works Observation. Willdan provided construction management, public works observation, materials testing, and labor compliance services for this project,
Caruthers Park Stormwater and Urban Runoff Capture Project, City of Bellflower, California. Public Works Inspector. Willdan provided construction management and inspection services on this project, which consisted of the construction of infrastructure improvements to eliminate the dry weather flow from the stormwater pipe draining to the Los Cerritos Channel and the park adjacent to the LACFD (Los Angeles County Flood Control District) channel draining into the Lower San Gabriel River, as well as maximizing wet weather pollutant removal via a stormwater capture project. The project included excavation, backfill, channel drop inlet pretreatment device, one new pump station, installation of new pump motors, mechanical and storm drain piping valve, protection of existing infrastructure, abandonment or removing existing utilities, pressure testing, pavement removal and replacement, unloading precast storage reservoir and infiltration gallery units, installing and waterproofing underground storage reservoir, installing underground infiltration gallery, installing maintenance access shafts for underground storage reservoir and infiltration gallery, installing an impervious liner around the underground storage reservoir, installing air ventilation lines, building water quality skid, electrical equipment modifications, electrical power service coordination, instrumentation and controls, planting, irrigation, playground, splash pad, and other appurtenant work.

Various Projects, Herman Weissker Power, Inc., City of Long Beach, California. Permit Tech Manager. Mr. Santana served oversaw projects involving the Southern California Edison Metro West Region. He was responsible for ensuring conformance to quality control guidelines as well as maintaining documentation and preparing necessary reports. He dealt with clients, customers, and contractors in a professional manner. He ensured projects were completed in a timely manner and at the highest quality.

Various Projects, Vantage Utility Services (VCI), City of Rancho Cucamonga, California. Permit Tech Manager. Mr.

Santana oversaw projects for clients, such as Southern California Edison Metro East Region, CALTRANS, Metro Rail, Union Pacific Rail Road, Crown Castle, and other county agencies. He was responsible for quality control of projects, ensuring conformance to guidelines, as well as maintained proper recording and reporting of work and materials for projects.
22 Javier Ramirez (Senior Public Works Observer)
Construction Inspector
Profile Summary
Certifications: OSHA Training
Experience: 33 Years
Current Assignment: City of Pomona Park Project – Assignment Tentatively scheduled to end in September 2025 Mr. Javier Ramirez has over 31 years’ experience in underground construction and extensive knowledge of construction standards. He has experience working on Federal projects, public works projects, commercial and residential Projects. He works well with complex information, reading plans and specifications, and using real world methodologies. He also has experience working with DWP, Ojai Sanitation District, Universal Studios, Dreamwork Studios, and various water agencies.

Previous employment positions included Construction Superintendent and Foreman. Duties included project coordination, daily inspections, quality control. He conducted weekly production and operations meetings. He has managed subcontractors, reviewed and approved trade contractor payment applications with Project Managers, ensured crew’s Safety Planning such as JHAs, Daily THAs and ensured site health and safety compliance in accordance with city/agency and OSHA regulations. He has extensive knowledge of codes, regulations, APWA Standards, SPPW Standards. Mr. Ramirez is fluent in Spanish.

Relevant Project Experience
Encroachment Permit Inspections, City of Claremont, California. Public Works Inspector. Provided on-call inspection of encroachment permits issued by the City. Permits typically include utility agency installations and private property owner-constructed improvements within public right of way, including driveway approaches, sidewalks, curb and gutter, and connections to City-owned and maintained utilities.

Encroachment Permit Inspections, City of Westlake Village, California. Public Works Inspector. Provided on-call inspection of encroachment permits issued by the City. Permits typically include utility agency installations and private property owner-constructed improvements within public right of way, including driveway approaches, sidewalks, curb and gutter, and connections to City-owned and maintained utilities.

East Area 1 – Harvest at Limoneira Development, City of Santa Paula, California. Public Works Observer. Mr.

Ramirez provides periodic observation of the developer’s contractor’s activities for public works improvements related to the East Area 1 at Limoneira development. This 1,500 residential-unit development includes light industrial and commercial uses as well. Willdan provides inspection on behalf of the City for all public improvements, including grading, utility infrastructure, flood control and drainage features, parks, street improvements, traffic signals, and landscaping. Mr. Ramirez is responsible for ensuring the improvements are constructed in compliance with the approved plans, City standards, and developer’s agreement with the City. He also monitors working hours, BMPs, noise ordinance compliance, and dust control.

Fillmore Aquatic Center Pool Improvements Project, City of Fillmore, California. Public Works Observer. Willdan provided project management, construction management, and construction inspection services for the improvements of the Aquatic Center pool. The project includef removal/demolition of select tile and plaster and replaster.

Neighborhood Street Rehabilitation & ADA Improvements at Two Rivers Park, City of Fillmore, California. Public Works Observer. Willdan provided construction management, inspection, material testing, and labor compliance services for City’s annual street resurfacing project. The project involved street improvements on six street segments to rehabilitate the asphalt pavement, including cold milling existing pavement and constructing AC digouts and a rubberized asphalt concrete overlay with high tensile fiber; repairing damaged sidewalk, curb & gutter, ribbon gutters, and driveways; constructing new ADA curb ramps; construction ADA parking stalls; adjusting utility covers to grade; and restoring traffic striping and pavement markings. 23 Emergency Sewer Repair Project on “C” Street, City of Fillmore, California. Public Works Observer. Willdan provided emergency city engineering, design, construction management, and construction inspection services for the sewer repair/renovation project as a result of a manhole collapse and a downstream sewer line unusable near “C” Street and Highway 126.

Citywide LED Street Name Sign Project, City of Bell, California. Public Works Observer. Willdan is providing project Management, Contract Administration, Construction Observation, Engineering Support, and Labor and Compliance Services for the Citywide LED Street Name Sign Project. The work involves removal of 30 existing internally illuminated street name signs and conversion to energy-efficient and improved quality Light Emitting Diode (LED) lights by installing new LED IISNS at 30 signalized intersections. Mr. Ramirez was responsible for providing part-time inspection to monitor completion of all specified work.

Florence Avenue Improvement Street and Sewer Project, City of Bell, California. Public Works Observer. Willdan is providing Project Management, Contract Administration, Construction Observation, Engineering Support, Utility Coordination, Material Testing, and Labor and Compliance Services for the Street and Sewer Improvements Project on Florence Avenue from Atlantic Avenue to the Los Angeles River Bridge. The project involves upgrading the sewer main line from a 12” VCP to a 15” and 18” VCP; replacement or modification of sewer manholes; and reconnection of sewer laterals, as well as cold milling existing street pavement; constructing a rubberized asphalt concrete overlay; repairing damaged sidewalk, curb and gutter, and driveways; constructing new ADA curb ramps; adjusting utility covers to grade; and restoring traffic striping and markings. Mr. Ramirez served as the primary inspector, responsible for tracking all quantities, coordinating materials testing, preparing daily inspection reports, monitoring compliance with contract documents, and reporting directly to the City Engineer.

Traffic Signal Installation and Improvements at Alondra Boulevard and Passage Avenue, City of Paramount, California. Public Works Observer. Willdan provided project construction observation for the installation of a traffic signal at Alondra and Passage. The work included removal and reconstruction of curb and gutter, sidewalk, driveaway approach, curb ramps, AC pavement, PCC pavement, cold mill on existing PCC pavement, traffic signal installation, signing and striping and other appurtenant work.

Mountain View Street Sidewalk and Street Improvements Project, City of Fillmore, California. Public Works Observer. Willdan provided construction observation for the street improvements, ADA improvements, and sidewalk improvements on Mountain View Street.

Lakewood Major Street Rehabilitation Project, City of Lakewood, California. Public Works Observer. Willdan provided construction management, public works observation, labor compliance, and materials testing services for the City’s Street Paving project, which involves pavement rehabilitation, cold milling, leveling course, asphalt rubber hot mix overlay, thermoplastic striping, traffic loops, curb ramps, sidewalk, curb and gutter of eight major and collector streets for a total of eight linear miles.

Civic Center Plaza – New Playground and Amenities, City of Pomona, California. Public Works Observer. Willdan is currently providing construction management, inspection, materials testing, deputy inspection, and labor compliance services for this $10.5 million park project located at the Civic Center Plaza, adjacent to the Library, Courthouse, and City Hall buildings. The improvements will include new amenities, such as an all-abilities playground, a maintenance building, and a restroom facility. By adding these new features, the City’s goal is to make the area a gathering spot for families, promote equity, and encourage more community activities, while improving health, overall quality of life, and making it easier to access the library and government services. The project consists of a new Destination Playground to feature an all-inclusive play environment for the entire City to enjoy. The Playground will feature separate play features for Tots (2-5 age group) and School Aged Children (5-12 age group).

In addition to the playground, there will be shaded seating and picnic opportunities, walkway lighting, a new restroom building, a new storage and utility building, landscape and irrigation improvements. The existing fountain in the adjacent plaza will be renovated and brought back to its former glory in operation. The Civic Center is a registered Historic Site and unique location for this exciting project.

24 Heleo Espinoza (Public Works Observer)
Construction Inspector
Profile Summary
Education: Citrus College, Mount San Antonio College, and Rancho Santiago College Courses in: Water Science & Public Works involving Traffic Control Safety, Concrete, Asphalt, Trees, Storm Systems
JPIA Training Courses
AWWA Training Courses
City of Santa Fe Springs Supervisor Training Courses
State Certified in Water Treatment (1)
State Certified in Water Distribution (2)
Member of Municipal Superintendents Association (MSA
Experience: 41 Years
Current Assignment: City of Santa Paula Land Development Inspection, workload fluctuates Mr. Espinoza has 41 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.

Relevant Project Experience
3rd Street Water System Improvements Project (Old River Road and Rives Avenue), CIP 20-23, City of Downey, California. Public Works Inspector. Willdan is providing construction management, inspection, and materials testing services for this water system improvements project on Old River Road and Rives Avenue. The project involves the 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.

Alosta Avenue Street Improvements, Federally Funded Project No. STPL-5112(020), City of Azusa, California. Public Works Inspector. Willdan provided the City of Azusa with Construction Management and Inspection for the City’s federally funded street Improvement project. The City's project included traffic control, cold milling, asphalt concrete overlay, asphalt concrete dig-outs, curb ramps, adjustments of survey monuments, manholes and valve covers to grade; installation of loop detectors, pavement striping, markings and markers and other miscellaneous improvements.

Lakewood Boulevard Cast Iron Pipe Replacement, Long Beach Water Department, California. Public Works Inspector. Willdan is providing construction management, public works inspection and materials testing for the Long Beach Water Departments water improvement project. The project includes the installation of 12” ductile iron water line, new fire hydrants, new services and other appurtenant work. 5 th Street Water Improvements, City of Downey, CIP 21-15, California. Public Works Inspector. Willdan provided construction inspection and materials testing to the City’s 5th Street Water Improvements project. The project includes repairs to various portions of the water line on 5th Street.

PFAs Treatment System Project No. 50042, City of Pico Rivera, California. Public Works Inspector. Willdan is providing construction management, utility coordination, inspection, and labor compliance for this project that consists of construction of equipment pads and installation of water treatment process equipment, with yard piping, valves, fittings, instrumentation, appurtenances and accessories, as well as grading and paving. Construction of storm drain system with tie into County storm sewer (Plant 1). Demolition of building at Plant 3 and of wing wall of building at Well 5. Removal of tree at Plant 2. Electrical system and control system. 25 Neighborhood Street Improvements, City of Paramount, California. Public Works Inspector. Willdan is providing engineering design and construction observation for the neighborhood resurfacing project within the City of Paramount.

Various Public Works Projects, Santa Fe Springs, California. Assistant Municipal Services Manager. Mr. Espinoza assisted the Municipal Yard Manager and the Water Utilities Manager in the management of 62 Public Works employees. In addition, in the two years prior to his retirement from the City, he managed the entire yard on his own.

Various Projects for Public Works Maintenance Division, City of Santa Fe Springs, California. Streets/Grounds Superintendent. Mr. Espinoza planned, organized, and evaluated Maintenance Operations and its staff. He provided leadership to develop and retain highly-competent, customer service-oriented staff through daily practices and staff training. He inspected the work of Contractors and City personnel to identify issues and take corrective action. He assisted with City remediation projects involving reconstruction of asphalt, curb and gutter, and sidewalks. He managed the ballfield maintenance projects and the Public Works fleet. He also managed the contracts for Graffiti removal, Complete Landscape, West Coast Arborist, and Nationwide Environmental Services. He responded to inquiries and complaints from the public, the City, and Contractors and assisted in budget preparation.

Various Projects for Water Utility Division, City of Santa Fe Springs, California. Water Utility Distribution Supervisor.

Mr. Espinoza managed and supervised the City’s water distribution system, including directing installation of new water mains and water service connections. 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 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 worked for two consulting firms in the public works/municipality fields in construction management and construction inspection. 26 Simon Hernandez (Senior Public Works Observer)
Construction Inspector
Profile Summary
Education: Electronic Technician's Diploma, Golden State College Criminal Justice, Ventura College
Certifications: CDPH Water Distribution Grade II/CDPH Water Treatment Grade I CA CLA-VALVE Certification
CSU Sacramento - Water Utility Manager Certification
ACI Certification/Nuclear Gauge Certification
Utility Line Locating Certified
Hazwoper 40-hour Certificate
Experience: 25 Years
Current Assignment: City of Santa Paula Land Development and CIP Inspection, workload fluctuates Mr. Simon Hernandez is a motivated team player with a strong background in the Water Operations and Construction Inspection areas of the private and public sectors. He has exceptional decision-making and communication skills, displays strong leadership qualities, and conveys ideas with clarity and diplomacy. He has the ability to identify and build strong collaborative relationships within any team environment, manages time and resources effectively, and is highly capable of performing and prioritizing multiple tasks. He has a diverse background in construction, material testing, water system operation, and public works inspection.

Relevant Project Experience
East Area 1 – Harvest at Limoneira Development, City of Santa Paula, California. Public Works Observer. Mr.

Hernandez provides daily observation of the developer’s contractor’s activities for public works improvements related to the East Area 1 at Limoneira development. This 1,500 residential-unit development includes light industrial and commercial uses as well. Willdan provides inspection on behalf of the City for all public improvements, including grading, utility infrastructure, flood control and drainage features, parks, street improvements, traffic signals, and landscaping. Mr. Hernandez is responsible for ensuring the improvements are constructed in compliance with the approved plans, City standards, and developer’s agreement with the City. Also monitors working hours, BMPs, noise ordinance compliance, and dust control. He has been responsible for inspection of Well No. 7, Foothill Booster Pump Station, Foothill Neighborhood storm drain, water and sewer mains, and 330 Zone Upper Tanks.

Heritage Valley Parks Tract No. 5520 Development Onsite Improvements, City of Fillmore, California. Public Works Inspector responsible for daily observation for the development’s onsite improvements. The private development project improvements encompass all wet and dry utilities, drainage and street improvements, landscaping and irrigation, and roadway structural sections required to support the 497-unit development. Willdan is providing a fulltime inspector and a part-time project manager to run biweekly construction meetings and serve as liaison between the developer/contractor and City staff. Improvements encompass rough grading, drainage improvements, wet utilities, curb, gutter, sidewalks, and paving. Inspections entail verifying conformance with the approved plans and conditions of approval, preparing daily reports, taking daily photos, conducting public works certificate of occupancy inspections, coordinating with the developer’s soils lab to verify proper compaction testing and inspection frequencies, logging compaction reports, and ensuring special inspections for concrete, steel reinforcement, grading, and masonry.

Heritage Valley Parks Tract No. 5520 Development Offsite Storm Drain Improvements, City of Fillmore, California.

Public Works Inspector responsible for daily observation for the offsite storm drain improvements . The private development project was conditioned to construct public storm drain improvements to redirect and underground surface flows around the development. The improvements involved approximately 1,750 linear feet of doublereinforced concrete box; 1,100 lineal feet of single-reinforced concrete box; 800 linear feet of open channel; and 600 linear feet of RCP. Willdan provided a full-time inspector and a part-time project manager to run biweekly 27 construction meetings and serve as liaison between the developer/contractor, City staff, and Ventura County Watershed Protection District. Improvements encompass rough grading, drainage improvements, wet utilities, curb, gutter, sidewalks, and paving. Inspections entail verifying conformance with the approved plans and conditions of approval, preparing daily reports, taking daily photos, conducting public works certificate of occupancy inspections, coordinating with the developer’s soils lab to verify proper compaction testing and inspection frequencies, logging compaction reports, and ensuring special inspections for concrete, steel reinforcement, grading, masonry, structural steel, high-strength bolts, and epoxy.

Olympic Boulevard Water Project, City of Santa Monica, California. Public Works Inspector. Willdan provided construction management and inspection services for two City projects being constructed under one construction contract. The Water Transmission Main Project includes installation of approximate 7,000 LF of new 16” DIP water transmission main in both the City of Santa Monica and the City of Los Angeles, complete with interconnections, valves, air vacs, blowoffs, and all other apparatus to provide an operable pressurized water system, as well as abandonment and/or removal of interfering water main piping. The Well Equipping Project includes construction of three groundwater well projects, two for extraction only and one for injection and extraction. Each well site includes equipping with well pedestal, discharge piping, waste line piping, valves, and appurtenances, well disinfections systems, architectural façade wall including gabion wall, laser cut wall panels, swing gates, and support infrastructure such as minor grading and sitework.

Annual Wastewater Main Replacement Project, City of Santa Monica, California. Public Works Inspector. The Annual Wastewater Main Replacement Project (SP2611) consists of installation of approximately 4,000 linear feet of 8” PVC SDR-26 pipe and 170 linear feet of 12” PVC SDR-26 pipe wastewater mains, removal and disposal of 1,677 linear feet of existing 6”, 8” or 10” VCP sewer pipe and VCP sewer pipe with rib-loc lining, installation of 6”, 8”, and 10” CIPP Lining, rehabilitation of existing manholes and bases, connection of existing service laterals to new sewer main, construction of 24-inch and 48-inch diameter maintenance holes. The construction cost of this project was $3.45 million.

Street Improvements SB1 Project, City of Bell, California. Public Works Inspector. Willdan provided project management, contract administration, construction observation, utility coordination, labor compliance, and material testing for this project, which involved street improvements to California Avenue between Gage and Randolph Place, Woodlawn Avenue between Gage and Randolph, and Welk Avenue between Anita Drive and Bear Avenue. The project included cold milling existing AC pavement, ARHM overlay, ARHM interlift, removal and replacement of driveway approaches, sidewalks, curb and gutter, curb ramps, AC pavement, speed humps, and signing and striping.

Sewer Improvements on Beck & Orchard Avenues, City of Bell, California. Public Works Inspector. Willdan provided contract administration, construction observation, labor compliance, and material testing for the sewer improvements on Beck and Orchard Avenues. The project included replacing the existing 8“sewer with 10” VCP, pavement cold milling and ARHM overlay, sidewalk, cross gutters, ADA ramps, utility adjustments, and striping. Mr.

Hernandez served as the construction inspector, responsible for daily monitoring of the construction activities, ensuring compliance with the contract documents, preparing daily reports, tracking quantities, coordinating materials testing, and reporting.

Arterial Street Resurfacing Project, City of Paramount, California. Public Works Inspector. Willdan provided construction management and inspection for the City’s Street Resurfacing Project. This project included repaving Alondra Boulevard from Hunsaker Avenue to the LA River, Downey Avenue from South City Limit to Alondra Boulevard, and Orange Avenue from Rosecrans Avenue to the North End. The work consisted of street improvements, cold milling, ARHM overlay, curb ramps, striping, traffic signal upgrades and concrete repairs. Mr.

Hernandez served as the construction inspector, responsible for daily monitoring of the construction activities, ensuring compliance with the contract documents, preparing daily reports, tracking quantities, coordinating materials testing, and reporting.
28 Section 8: Proposed Schedule
Summary of Typical Daily Activities
- Site visit and observation of construction activities (hours per day will vary based on scope of construction activities scheduled for each day)
- Meet with the Contractor’s representative to discuss planned work - Take photographs of site conditions and construction activities - Monitor site dust control and traffic control (as applicable) - Review delivered materials against approved submittals (as applicable) - Coordinate with material testing consultant to discuss test locations and results. - Prepare daily inspection report documenting areas of work, number of contractor and subcontractor personnel onsite, weather conditions, summary of work activities
Summary of Typical Weekly Activities
- Attend construction progress meetings with Contractors. - Attend coordination meetings with Developer to discuss status of active construction contracts, schedule for permitted future phases or construction contracts, and plan check status for unpermitted future phases or construction contracts.
- Obtain and file material testing reports from testing consultant. - File various miscellaneous test data (e.g. BACT results, sewer air test, hydrostatic pressure test results). - Project Manager’s quality control review of inspector’s daily reports. - Submit daily inspection reports to the City.

Summary of Typical Monthly Activities
- Review contractor’s redlined progress as-builts
- Invoicing for services
Anticipated Labor Hours
- Construction Inspector Anticipated Labor Hours – 20-60 hours per week (by 1-2 assigned staff) - Project Manager Anticipated Labor Hours – 4-8 hours per week

29 Section 9: Program Monitoring
Quality Control and Quality Assurance Procedures
Willdan will perform Quality Assurance and Quality Control of this project through a diligent review of all work and documentation. Quality Assurance and Quality Control will begin with the preconstruction meeting, at which time the scope of the project and control requirements will be reviewed with the Developer and Contractor. Once construction begins, the next step in the Quality Control process will be the verification of materials and components to be installed. Once the material and components arrive onsite, Willdan Inspectors will spot-check these materials and components to verify they match the construction documents. In addition, the project inspectors will coordinate material inspections with the materials testing engineer to ensure the materials used on the project comet the requirements of the project specifications. The Inspector will maintain a detailed record of samples, tests, and material releases, and certificate of compliance for the project.

Inspectors for Willdan closely monitor projects to ensure compliance with all contract requirements. Willdan’s inspectors have knowledge of basic soil dynamics and are highly cognizant of the crucial role of soils compaction in construction. They are also familiar with the needs for general material testing for asphalt and concrete. The Inspectors will work closely with the third-party testing firm to verify that all required soils testing and special inspections are performed and passed prior to moving onto the next phase of construction. Willdan’s Inspector will also maintain copies of the Developer’s QSP’s stormwater inspection reports and monitor compliance with the development’s SWPPP.

Quality assurance and control procedures are critical to ensuring that sound practices and quality deliverables are provided to our clients throughout project construction. Willdan’s designated Project Managerwill provide project oversight and ensure our internal goal of quality is met. The basic goal of the quality assurance plan is to provide quality work delivered on time and within budget. We do this by adhering to the following steps.

Willdan adopted Caltrans' Construction Manual (LAPM) as our in-house quality standard and have incorporated Caltrans' prescribed standards and procedures into our everyday inspection routine.

Document Control
Willdan’s document management is defined by the practices and procedures used to create, distribute, and store various types of project documentation, including, but not limited to, letters, e-mail correspondence, plans, memorandums, exhibits, work orders, and staff reports. Our team will ensure Willdan staff safely stores all documents in a project folder to provide an accurate and complete archive of project documentation that is always readily available to the City. To facilitate the convenience of securely sharing the latest project documentation with the City, Willdan utilizes the cloud-based storage site Box.com. The City will be provided with a link to our Box.com storage site where they can view their current and past project files at any time and at no additional cost. This service allows for timely, easy access, and cost-effective deliverables to the City. In addition to Box.com, Willdan’s Project Manager, inspectors, and materials testing personnel are familiar with most to the current cloud based systems being used at this time including VPM and Procore.

Address
contractor
coordination
issues
Identify key dates
to maintain
project schedule
Investigate
constructability
Discuss project
sequencing Track progress
Quality Control
Methodology
Willdan’s team is unique in that it is
structured as an integrated unit
with close communication between
team members and interlocking
responsibilities that provide good
coverage of all elements of
construction engineering, while at
the same time having minimal
overlap of duties to avoid
misunderstandings of assigned
responsibilities and reduce costs.

This structure provides a natural
quality assurance/control system
for the team.
30 Contractor Compliance
Our inspection staff has extensive experience with a myriad of public works projects and our staff has a clear understanding of the issues surrounding the inspection of the work. For example, when constructing sidewalks and ADA-compliant ramps, our inspector will ensure adequate subgrade compaction has been achieved.

Inspectors will monitor the work for conformance with the plans, specifications, and ADA requirements. The concrete ticket will be checked to ensure materials match the approved mix design. A smart level will be used to check forms, and the contractor will not be allowed to place concrete until the inspector is assured the work meets all City and other applicable standards.

Willdan’s inspectors will monitor the contractor’s operations for conformance with City compaction standards by working with the approved material testing lab and will not accept any trench backfill or allow any pavement repair until proper compaction is verified by the lab.

Budget Control
The budget control system is prepared in accordance with the work breakdown structure. The budget becomes the control against which performance is measured. The budget is time phased by combining project master scheduling data with budget data. Actual costs are compared with budgeted costs and variances analyzed. Deviations between planned and actual cost can then be evaluated to forecast and control future work. Beginning with electronic timekeeping, project hours are assigned to the appropriate tasks and subtasks and booked as work-in-process. Prebill reports are generated that identify the hours to be billed along with any other direct charges to the project. This is the information used to determine each month's invoicing. Once hours and charges are billed, they are shifted from Work-in-Process to Accounts Receivable to ensure that billed hours are inactivated. Monitoring is easily accomplished through team member progress updates and comparisons between the scope of work, schedule, and budget.

Continuous Training
Willdan's in-house seminars include WATCH Manual and MUTCD compliance; storm water abatement and QSP/QSD training; materials testing and placement; and mass grading. Our inspectors are fully knowledgeable in the latest regulations for WATCH Manual, California OSHA, Greenbook, AWWA, LAPM, and CAMUTCD.

Willdan’s key personnel have knowledge of and are congnizant of State Codes, Ventura County Standards, and City of Simi Valley Standards.

Section 10: City Resources
Services to be provided by the City include:
 Provide general direction to Willdan through the City’s Project Manager. The City’s Project Manager will provide additional City Department contacts to Willdan as needed for various coordination efforts.  Assist with providing input on Requests for Information and general inquiries regarding the Project.  Review deliverables and provide comments to Willdan.
 Provide record drawings, utility system maps, and any other documentation in the City’s possession, as needed, to aid in the Developer’s services on the Project.

Services to be provided by the Developer or other Consultants include:
 Lead construction phase meetings, including the Pre-Construction Meeting, weekly construction meetings, and biweekly project status meetings.
 Perform Contract Management, including Bulletins, Variance of Hours Requests, and Change Orders.  Technical submittal review and approval
 Technical responses to RFI’s
 Record drawings
Section 11: Subcontractors.

Willdan will not be utilizing any subcontractors for this assignment. 31 Section 12: Statement of Proposer’s Qualifications and References Willdan has selected 5 sample projects to highlight our relevant experience involving large land development projects.

Heritage Valley Parks Tract No. 5520 Offsite and Onsite Improvements City of Fillmore
250 Central Avenue
Fillmore, CA 93015
Description of Services:

Willdan is providing project management and inspection
services for this developer-built project associated with the Heritage Valley Parks Tract 5520 development. The project was conditioned for the developer to construct public storm drain improvements to redirect and underground surface flows around the development, as well as on site utilities, street improvements, and a bridge. Willdan is providing full time inspection services on behalf of the City, including observation of rough grading, onsite and offsite drainage improvements, wet utilities, curb, gutter, and sidewalks, and paving. Willdan’s Inspector is responsible for preparing daily reports, taking daily photos, conducting public works certificate of occupancy inspections, coordinating with the Developer’s soils lab to verify proper compaction testing and inspection frequencies, logging compaction reports, and ensuring special inspections for concrete, steel reinforcement, grading, masonry, structural steel, high strength bolts, and epoxy.

The offsite improvements include approximately 1,750 linear feet of double-reinforced concrete box, 1,100 lineal feet of single-reinforced concrete box, 800 linear feet of open channel, and 600 linear feet of RCP. The onsite project improvements encompass all wet and dry utilities, drainage improvements, street improvements, landscaping and irrigation, and roadway structural sections required to support the 497-unit development. A third contract associated with the development includes constructing a new Pole Creek Bridge across an existing waterway. Willdan is providing a full-time inspector for all three contracts and a part-time project manager to run biweekly construction meetings and serve as liaison between the developer/contractor, City, and Ventura County Watershed Protection District.

Land Development Inspection Services – Harvest at Limoneira Subdivision City of Santa Paula
866 E Main St
Santa Paula, CA 93060
Description of Services:

Willdan has provided plan checking and public works
inspection services since 2020 for public works
improvements related to the East Area 1 Harvest at
Limoneira development. This 1,500 residential-unit
development includes light industrial and commercial
uses as well. Willdan provides inspection on behalf of the City for all public improvements, including grading, utility infrastructure, flood control and drainage features,
parks, street improvements, traffic signals, and landscaping. Willdan’s Team is responsible for ensuring the improvements are constructed in compliance with the approved plans, City standards, and developer’s agreement Client Contact: Kevin McSweeney
Planning and Community Development
Director
(805) 524-1500 Ext 113
Client Contact: Dale Goodman
Public Works Director
(805) 933-4212
32 with the City, including monitoring working hours, stormwater BMPs, noise ordinance compliance, and dust control.

The number of active construction contracts has varied significantly through the course of Willdan’s involvement in the project. Willdan has served the project with as little as one full time inspector and as many as three full time inspectors, depending the amount of work ongoing at any one time. Willdan has been responsible for inspection of construction contracts involving:
 Remedial grading, rough grading and precise grading
 Haun Creek Neighborhood utility, street, and roadway improvements  Santa Paula Street RRFB
 Tract 6074
 Tract 5854 backbone improvements
 Harvest Sports Complex
 Well No. 6 Conversion
 Well No. 7
 Hallock Drive at Telegraph Road Traffic Signal
 Orcutt Creek Channel Improvements
 Foothill Booster Pump Station
 Foothill Neighborhood storm drain, water and sewer mains  Foothill Neighborhood street improvements
 330 Zone Upper Tanks.

Creekside Tract No. 6053
City of Fillmore
250 Central Avenue
Fillmore, CA 93015
Description of Services:

Willdan is providing project management and
inspection services for this 131-unit developer-built
project associated with the Creekside Tract 6053
development. The development location is
between Sespe Creek on west boundary and
Goodenough Road to the east, north of B street.

The project was conditioned for the developer to
construct public storm drain improvements to
redirect and underground surface flows around the
development, as well as on site utilities, street
improvements, and a bridge. Willdan is providing
full time inspection services on behalf of the City,
including observation of rough grading, onsite and
offsite water and sewer improvements, storm
drains and detention basins, curb, gutter, and sidewalks, and paving. Willdan’s part-time Inspector is responsible for preparing daily reports, taking daily photos, conducting public works certificate of occupancy inspections, coordinating with the Developer’s soils lab to verify proper compaction testing and inspection frequencies, logging compaction reports, and ensuring special inspections for concrete, steel reinforcement, grading, masonry, structural steel, high strength bolts, and epoxy.

On-Call Land Development Inspection Services
Client
Contact:

Joe Bellomo
Public Works Director
(805) 265-0948
Client Contact: Gary Akers
33 City of San Bernardino
201 North E Street, 3rd Floor
San Bernardino, CA 92401
Description of Services:

Willdan has provided on-call inspection services for various land development and encroachment permit projects throughout the city since 2018. Under this contract, Willdan provided inspection for the 182 single family home Waterman Garden Phase II development on Olive Avenue. Our inspector attended the pre-construction meeting and was responsible for observation of rough grading, including over-excavations within pads and 5 feet beyond footprints, curbs and gutters, sidewalks, ADA curb ramps, sewer and water line trench/installation with pressure testing, catch basins and drainage structures, detention basin with splash wall, and parking lot. Willdan’s Inspector is responsible for coordinating with the Developer’s soils lab to verify proper sub-grade testing and inspection frequencies, logging compaction reports, ensuring rough grade certifications (soils and civil), preparing daily reports, and conducting streetlight pole foundation inspections.

On-Call Construction Engineering Services – Rough Grading Projects City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Description of Services:

Willdan has provided On-Call Construction Engineering Services including Rough Grading Plans consisting of PCC improvements, asphalt repair, curb and gutter, and erosion control. Willdan provides a senior level Construction Inspector to monitor work on these various projects. Willdan attended the preconstruction meeting, monitored rough grading, monitored BMPs, verified erosion control, performed final grade inspection, monitored the precise grading, and reviewed and filed compaction, survey, and final grade reports. The Rough Grading Plans include the following:
 Tract No. 18071 Crestwood Communities
 Tract No. 23400 Westwood Street
 Tract No. 23155 Palm Avenue
 Tract No. 18604 Street Improvement Plan
 Tract No. 12040 La Cadena Drive
 Tract No. 16945 Vista Grande Way
 Tract No. 12700 Taylor Street
 Tract No. 23183 Westwood Street

Land Development Division Manager
(909) 384-5225
Client Contact: Alan French, P.E., P.L.S.

Public Works Director / City Engineer
909-824-6621 ext. 251
34 Fee Proposal
CAUTION: This message is from an EXTERNAL SENDER - be CAUTIOUS, particularly with links and attachments.

From: W. David Byrum
To: Brian Dickinson (Contractor)
Subject: [EXTERNAL] RE: Quote for inspection services.

Date: Monday, February 16, 2026 12:40:13 PM
Attachments: image001.png
image002.png
Hello Brian!
Thank you for your patience. I’ve taken a look at the schedule below – which began on February 2, 2026, and ends on April 8, 2027. Below is a summary of what may be used as part of a proposal if we get that far.

1. The schedule is 293 working days, which excludes weekends and federal holidays.

2. The assumption here is full time inspection – eight hour days.

3. Total hours = 2,344.

4. Our inspectors are prevailing wage compliant.

5. The 2026 hourly rate is $175.

6. Total budget for inspection only is $410,200.

7. Budget for miscellaneous expenses by the inspector - $25,000.

8. It is assumed that a geotechnical engineering company will need to be involved for compaction testing and specialty grading operations. I spoke to Converse – they suggested a budget of $100,000.

9. The total overall budget = $535,200.

We have 5 inspectors that we work with, and you will know most of them. They all have commitments across this project duration. So, if this becomes a project for us, we will have to interview and bring onboard a qualified inspector that will commit to the project duration.

Let me know your thoughts.
--
W. David Byrum | PE
CIVILTEC Engineering Inc.

From: Brian Dickinson (Contractor) <[email protected]> Sent: Tuesday, February 3, 2026 2:58 PM
To: W. David Byrum <[email protected]>
Subject: Quote for inspection services.

David,
There is a developer planning on building 42 houses in town, the City received a cost proposal for inspection services for various phases of construction. We would like to get additional quotes as due diligence, even though the developer will be paying. Could work up something based on the following schedule table?
Brian A Dickinson
Public Works Project Manager | City of Sierra Madre
232 W. Sierra Madre Blvd., Sierra Madre, CA 91024
(626) 355-7135 | [email protected]
CAUTION: This message is from an EXTERNAL SENDER - be CAUTIOUS, particularly with links and attachments.

From: Okan Demirci
To: Brian Dickinson (Contractor); Ahmad Ansari
Subject: [EXTERNAL] RE: Quote for Inspection Services.

Date: Thursday, February 5, 2026 8:36:36 AM
Attachments: image001.png
image002.png
Hi Brian,
Looking at the below schedule, it appears that this inspection is for off site improvements, correct? The City will provide the building inspection for on site improvements. This is only for offsite for engineering.

Also, the first day of construction is 2/2/2026, and the last day is 4/8/2027, this would equal to approx. 300 working days. Does the City need full time inspection? Here is a ballpark estimate assuming a full time inspection provided:
300 working days x 8 hrs/day x $175/hr = $420,000
Another option would be to provide part time (4 hrs/day) inspection, which would be typical on these similar land development projects:
300 working days x 4 hrs/day x $175/hr = $210,000
Please let me know what you think, and we can also submit a formal proposal, if needed.

Regards,
________
Okan Demirci, PE, QSD/P
C (714) 319-6137
E [email protected]
From: Brian Dickinson (Contractor) <[email protected]> Sent: Tuesday, February 3, 2026 2:04 PM
To: Okan Demirci <[email protected]>; Ahmad Ansari <[email protected]> Subject: Quote for Inspection Services.

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Okan/Ahmad,
There is a developer planning on building 42 houses in town, the City received a cost proposal for inspection services for various phases of construction. We would like to get additional quotes as due diligence, even though the developer will be paying. Could work up something based on the following schedule table?
Brian A Dickinson
Public Works Project Manager | City of Sierra Madre
232 W. Sierra Madre Blvd., Sierra Madre, CA 91024
(626) 355-7135 | [email protected]

CITY OF

SIERRA MADRE STAFF REPORT

PLANNING & COMMUNITY PRESERVATION
DATE: February 24, 2026
TO: Honorable Mayor and City Council
FROM: Clare Lin, Planning & Community Preservation Director By: Sophia Conchas, Administrative Analyst
SUBJECT: Resolution No. 26-16 Approving a Supplemental Budget Appropriation and Professional Services Agreement with Transpo Group USA, Inc. in the Amount of $49,995 for the Sierra Madre Downtown Parking Study

RECOMMENDATION
It is recommended that the City Council:

1. Adopt Resolution 26-16 approving a supplemental budget appropriation in the amount of $49,995 from Fund 32012 – Downtown Assessment District;

2. Approve a Professional Services Agreement with Transpo Group USA, Inc. for the Sierra Madre Downtown Parking Study; and

3. Authorize the City Manager to execute the agreement and related documents, subject to approval as to form by the City Attorney.

SUMMARY
At the September 23, 2025, City Council meeting, the City Council directed the City Manager to proceed with a Downtown Parking Study and allocated Downtown Assessment District funds to cover the cost of the study. Consistent with this direction, the Planning & Community Preservation Department initiated a consultant selection process.

On November 19, 2025, the City issued a Request for Proposals (RFP) seeking qualified transportation planning and parking management consultants to conduct a comprehensive Downtown Parking Study. The study is intended to evaluate existing parking supply and demand, assess operational and policy conditions, and develop data-driven recommendations to improve parking management, access, and the user experience in the downtown area.

By the submission deadline of December 17, 2025, the City received two proposals. Following evaluation, Transpo Group USA, Inc., isrecommended for contract award based on qualifications, Resolution No. 26-16 Supplemental Budget Appropriation and Professional Services Agreement with Transpo Group USA, Inc.

February 24, 2026

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