1994-042-Enter Into An Agreement With Willdan Associates To Provide Project Management Services For The Los Gatos Boulevard Widening ProjectRESOLUTION 1994 -42
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO AN AGREEMENT WITH
WILLDAN ASSOCIATES TO PROVIDE PROJECT
MANAGEMENT SERVICES FOR THE LOS GATOS
BOULEVARD WIDENING PROJECT.
WHEREAS, the Town Council desires to widen Los Gatos Boulevard from Samaritan
Drive to Lark Avenue from two to four lanes consistent with the Route 85 Performance
Agreement and the Town's adopted General Plan and Capital Improvement Program.
WHEREAS, the Town currently lacks the project management, engineering and
public works inspection skills to properly manage a project of this complexity and
accelerated time frame of construction.
WHEREAS, the Town must therefore obtain outside consultant services to provide
these skills.
WHEREAS, Willdan Associates are already under agreement with the Town to
provide a full range of engineering services as the Town's Engineering Department,
including plan check services and review of development proposals.
WHEREAS, the Town Council finds that Willdan Associates have demonstrated the
highest level of competence both in technical and administrative skills in their capacity as
the Town's Engineering Department and have documented their expertise and experience
in project management and inspection.
RESOLVED, that it approves the agreement attached, and authorizes the Town
Manager to sign all appropriate documents to insure the completion of these project
management and inspection services.
mb09 \RES0\LG W IDEN. WIL
PASSED AND ADOPTED at a regular meeting of the Town Council held on the
7th day of March, 1994, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MA R
ATTEST: O E TOWN OS GATOS
LOS GAT CALIFOR
CLERK OF THE TOWN OF'LOS GATOS
LOS GATOS, CALIFORNIA
mb09 \RES0\LGWIDEN.WIL 2
AGREEMENT FOR PROFESSIONAL SERVICES
ro+.0 CLERK
Ac R:— 9y 39
THIS AGREEMENT, made and entered into this day of
1994 by and between the Town of Los Gatos, State of California, herein called the TOWN,
and Willdan Associates, a California corporation, hereinafter referred to as WILLDAN,
whose regional office is located at 6140 Stoneridge Mall Road, Suite 340, Pleasanton, CA
94588.
RECITALS
A. The TOWN is considering a project to widen Los Gatos Boulevard from Lark
Avenue to Samaritan Drive from two tn fn„r lnnPc
B. The TOWN desires to engage an engineering consultant to provide project
management and inspection services in conjunction with this widening project.
C. WILLDAN represents and affirms that it is qualified and willing to perform the
desired work pursuant to this agreement.
D. In consideration of the mutual covenants, benefits and premises herein stated, the
parties hereto agree as follows: TOWN, pursuant to the authority set forth in California
Government Code Section 36505, does hereby appoint WILLDAN, in a contractual capacity,
to perform the below listed services in accordance with the terms and conditions hereinafter
set forth; with the authorities, responsibilities and consideration ordinarily granted to an
officer of the TOWN.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. WILLDAN shall provide the following services as described in
detail in Exhibit A, Proposal to Provide Project Management Services for the Los Gatos
Boulevard Widening Project, attached and made a part of this agreement.
2. Additional Services. If authorized by TOWN, WILLDAN shall furnish additional
services such as surveys and testing of materials which are in addition to the basic services.
As these further additional services are requested by TOWN, this Agreement may be
modified and subject to mutual consent by execution of an addendum by authorized
representatives of both parties, setting forth the additional scope of services to be
performed, the performance time schedule, and the compensation for such services.
3. Time of Performance. The services of WILLDAN are to commence upon the
execution of this Agreement.
4. Sole Responsibility. WILLDAN shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
to
5. Information /Report Handling. All documents furnished to WILLDAN by the
TOWN and all reports and supportive data prepared by the WILLDAN under this
Agreement are the TOWN's property and shall be delivered to the TOWN upon the
completion of WILLDAN's services or at the TOWN's written request. All reports,
information, data, and exhibits prepared or assembled by WILLDAN in connection with the
performance of its services pursuant to this Agreement are confidential until released by
the TOWN to the public, and WILLDAN shall not make any of the these documents or
information available to any individual or organization not employed by WILLDAN or the
TOWN without the written consent of the TOWN before such release. The TOWN
acknowledges that the reports and supportive documents to be prepared by WILLDAN
pursuant to this Agreement are for the purpose of fulfilling their obligation to complete all
work described under this agreement, and TOWN's use of the information contained in the
reports prepared by the WILLDAN shall be solely at TOWN's risk, unless WILLDAN
expressly consents to such use in writing. TOWN further agrees that it will not appropriate
any methodology or technique of WILLDAN which is and has been confirmed in writing
by WILLDAN to be a trade secret of WILLDAN.
6. Compensation
WILLDAN shall be compensated for basic services rendered as described in Exhibit
A, in accordance with the terms and conditions indicated in Exhibit B. WILLDAN shall
be compensated for additional services rendered as more particularly described in a fully
approved and executed addendum that may be made to this Agreement. If no addendum
is executed, then WILLDAN shall be compensated at its then prevailing hourly rates for
such additional services.
WILLDAN may submit monthly statements for basic and additional services
rendered. It is intended that payments to WILLDAN will be made by TOWN within 30
days of invoice. Each billing shall be accompanied by a detailed explanation of the work
performed by whom at what rate and on what date.
7. Indemnification• Hazardous Materials
A. General
Each party hereto agrees to save, keep, and hold harmless the other party hereto
from all damages, costs, or expenses in law and equity including costs of suit resulting from
its own negligent acts, errors, omissions or its own willful misconduct.
B. Hazardous Materials
TOWN acknowledges that WILLDAN's scope of services for this project do not
include any work related in any way to asbestos and /or hazardous waste. Should
WILLDAN or any other party encounter such materials on the job site, or should it in any
other way become known that such materials are present or may be present on the job site
or any adjacent or nearby areas which may affect WILLDAN's work, WILLDAN may, at
its option, terminate work on the project until such time as TOWN retains a specialist
contractor to abate and /or remove the asbestos and /or hazardous waste materials and
warrant that the job site is free from any hazard which may result from the existence of
such materials.
N
TOWN hereby acknowledges that WILLDAN has no professional liability insurance
for claims arising out of the performance of or failure to perform professional services,
including, but not limited to the preparation of reports, designs, drawings and specifications,
related to the investigation, detection, abatement, replacement, use or specification, or
removal of products, materials or processes containing asbestos, asbestos cement pipe,
and /or hazardous waste materials. Accordingly, the TOWN hereby agrees to bring no
claim for negligence, breach of contract, indemnity or otherwise against WILLDAN, its
principals, employees, and agents if such claim, in any way, would involve WILLDAN's
services for the investigation, detection, abatement, replacement, use or removal of products,
materials or processes containing asbestos, asbestos cement pipe, and /or hazardous waste
materials. TOWN further agrees to defend, indemnify and hold harmless WILLDAN, its
officers, directors, principals, employees, agents and subconsultants from any asbestos and /or
hazardous waste material related claims and suits that may be brought by third parties, and
any resulting liability, arising from the services provided by WILLDAN pursuant to this
agreement.
8. Insurance Required.
Without in any way limiting WILLDAN's liability pursuant to the indemnification
described above, WILLDAN shall maintain, during the term of this contract, the
following insurance:
A. Minimum Scope of Insurance:
i. WILLDAN agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him /her and his /her firm to an
amount not less than: one million dollars ($1,000,000) combined single limit per occurrence
for bodily injury, personal injury and property damage with a two million dollar ($2,000,000)
aggregate for liability arising out of this Agreement.
ii. WILLDAN agrees to have and maintain for the duration of the
contract, an Automobile Liability insurance policy ensuring him /her and his /her staff to an
amount not less than one million dollars ($1,000,000) combined single limit per accident
for bodily injury and property damage.
iii. WILLDAN shall provide to the TOWN all certificates of insurance,
with original endorsements effecting coverage. WILLDAN agrees that all certificates and
endorsements are to be received and approved by the TOWN before work commences.
iv. WILLDAN agrees to have and maintain, for the duration of the
contract, professional liability insurance in amounts not less than $1,000,000 which is
sufficient to insure WILLDAN for professional errors or omissions in the performance of
the particular scope of work under this agreement.
B. General Liability:
i. The TOWN, its officers, officials, employees and TOWN designated
volunteers are to be covered as insured as respects: liability arising out of activities
performed by or on behalf of WILLDAN; products and completed operations of
WILLDAN, premises owned or used by WILLDAN.
3
ii. WILLDAN's insurance coverage shall be primary insurance as respects
the TOWN, its officers, officials, employees and volunteers. Any insurance or self -
insurances maintained by the TOWN, its officers, officials, employees or TOWN designated
volunteers shall be excess of WILLDAN's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the TOWN, its officers, officials, employees or TOWN
designated volunteers.
iv. WILLDAN's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
C. All Coverages: Each insurance policy required in items 8.A.i, ii and iii shall
be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the TOWN. Current certification of such
insurance shall be kept on file at all times during the term of this agreement with the Town
Clerk.
D. In addition to these policies, WILLDAN shall have and maintain Workers'
Compensation insurance as required by California law and shall provide evidence of such
policy to the TOWN before beginning services under this Agreement. Further, WILLDAN
shall ensure that all subcontractors employed by WILLDAN provide the required Workers'
Compensation insurance for their respective employees.
9. Indemnification. WILLDAN shall save, keep and hold harmless indemnify and
defend the TOWN its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
of damages to property or personal injury received by reasc , of, or in the course of
performing work which may be occasioned by willful miscon -A or a negligent act or
omissions of WILLDAN, or any of WILLDAN's officers, ery : ;:7yees, or agents or any
subconsultant. TOWN shall save, keep and hold harmless, indemnify, and defend
WILLDAN, its officers and employees from all damages, liabilities, penalties, costs, or
expenses in law or equity that may arise or be set up because of damages to property or
personal injury received by reason of, or in the course of WILLDAN's performance under
this Agreement that is not proximately caused by willful misconduct, negligent acts or
omissions, breach of this Agreement, or violation of law by WILLDAN or its officers,
employees, agents, or subconsultants, or conduct by one or more of these persons for which
strict liability is imposed by State or Federal law.
10. Assignabilijy and Subcontracting. The services to be performed under this
Agreement are unique and personal to WILLDAN. No portion of these services shall be
assigned or subcontr, ::: -d without the written consent of the TOWN.
0
11. Notices. Any notice required to be given shall be deemed to be duly and properly
given if mailed postage prepaid, and addressed to:
To TOWN: Town of Los Gatos
Planning Department
P.O. Box 949
Los Gatos, CA 95031
To WILLDAN: Willdan Associates
6140 Stoneridge Mall Road
Suite 340
Pleasanton, CA 94588
or personally delivered to WILLDAN to such address or such other address as WILLDAN
designates in writing to TOWN.
12. .Independent Contractor. It is understood that WILLDAN, in the performance of
the work and services agreed to be performed, shall act as and be an independent
contractor. As an independent contractor WILLDAN shall not obtain any rights to
retirement benefits or other benefits which accrue to Town employee(s). With prior written
consent, WILLDAN may perform some obligations under this Agreement by subcontracting,
but may not delegate ultimate responsibility for performance or assign or transfer interests
under this Agreement.
WILLDAN agrees to testify in any litigation brought regarding the subject of the
work to be performed under this Agreement. WILLDAN shall be compensated for its costs
and expenses in preparing for, traveling to, and testifying in such matters at its then current
hourly rates of compensation, unless such litigation is brought by WILLDAN or is based
on allegations of WILLDAN's negligent performance or wrongdoing.
13. Conflict of Interest. WILLDAN understands that its professional responsibilities is
solely to the TOWN. WILLDAN has and shall not obtain any holding or interest within
the TOWN of Los Gatos. WILLDAN has no business holdings or agreements with any
individual member of the Staff or management of the TOWN or its representatives nor
shall it enter into any such holdings or agreements. In addition, WILLDAN warrants that
it does not presently and shall not acquire any direct or indirect interest adverse to those
of the TOWN in the subject of this Agreement, and it shall immediately disassociate itself
from such an interest should it discover it has done so. WILLDAN shall not knowingly and
shall take reasonable steps to ensure that it does not employ a person having such an
interest in this performance of this Agreement. If after employment of a person,
WILLDAN discovers it has employed a person with a direct or indirect interest that would
conflict with its performance of this. Agreement, WILLDAN shall promptly sever this
employment relationship.
14. Successors and Assns
This Agreement shall be binding on the successors and assigns of the parties, but it
shall not be assigned by either party without written consent of the other party.
5
15. Di ute . In any dispute over any aspect of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total.
16. Alternative Dispute Resolution
If a dispute arises between the parties relating to this Agreement, the parties agree
to use the following procedure prior to either party pursuing other available remedies:
(a) A meeting shall be held promptly between the parties, attended by individuals
with decision - making authority regarding the dispute, to attempt in good faith to negotiate
a resolution of the dispute.
(b) If, within 30 days after such meeting, the parties have not succeeded in
negotiating a resolution of the dispute, they will ±ointly appoint a mutually acceptable
neutral person not affiliated with either of the part: - : (the "neutral'), seeking assistance in
such regard if they have been unable to agree upon_ h appointment within 40 days from
the initial meeting. The fees of the neutral shall be :cared equally by the parties.
(c) In consultation with the neutral, the parties will select or devise an alternative
dispute resolution procedure ( "ADR ") by which they will attempt to resolve the dispute, and
a time and place for the ADR to be held, with the neutral making the decision as to the
procedure, and /or place and time (but unless circumstances require otherwise, not later
than 60 days after selection of the neutral) if the parties have been unable to agree on any
of such matters within 20 days after initial consultation with the neutral.
(d) The parties agree to participate in good faith in the ADR to its conclusion as
designated by the neutral. If the parties are not successful in resolving the dispute through
the ADR, then the parties may agree to submit the matter to binding arbitration or a
private adjudicator, or either party may seek an adjudicated resolution through the
appropriate court.
17. Compliance with Civil Rights
During the performance of this contract, WILLDAN agrees as follows:
A. Equal Employment Opportunity
WILLDAN warrants that it is an equal opportunity employer and shall comply with
applicable regulations governing equal employment opportunity. Neither WILLDAN nor
its subcontractors do and neither shall discriminate against persons employed or seeking
employment with them on the basis of age, sex, color, race, marital status, sexual orientation,
ancestry, physical or mental disability, national origin, religion, or medical condition, unless
based upon a bona fide occupational qualification pursuant to the California Fair
Employment & Housing Act.
B. Nondiscrimination Civil Rights Act of w.` - =4
WILLDAN will comply with all federal regulations relative to nondiscrimination in
federally- assisted programs.
Gi
C. Solicitations for Subcontractors Including Procurement of Materials and
Equipment
In all solicitation, either by competitive bidding or negotiations, made by
WILLDAN for work to be performed under a subcontract including procurement of
materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be
notified by WILLDAN of WILLDAN's obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, religion, color, sex or
national origin.
18. Records
Records of WILLDAN's direct labor costs, payroll costs, and reimbursable expenses
pertaining to the project covered by this Agreement will be kept on a generally recognized
accounting basis for not less than three (3) years following completion of the work under
this agreement. WILLDAN shall make these records available to authorized personnel of
the TOWN during normal business hours upon reasonable notice.
WILLDAN's records and design calculations will be available for examination and
audit if and as required.
19. Insolvency of TOWN
WILLDAN shall be entitled to immediately, and without notice, suspend the
performance of any and all of its obligations pursuant to this agreement if TOWN files a
voluntary petition seeking relief under the United States Bankruptcy Code or if there is an
involuntary bankruptcy petition filed against TOWN in the United States Bankruptcy Court,
and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of
services made pursuant to the provisions of this paragraph shall continue until such time
as this agreement has been fully and properly assumed in accordance with the applicable
provisions of the United States Bankruptcy Code and in compliance with the final order or
judgment issued by the Bankruptcy Court.
20. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have
hereunder, nor does waiver of a breach or default under this Agreement constitute a
continuing waiver of a subsequent breach of the same or any other provision of this
Agreement.
21. Compliance with Laws. The WILLDAN shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. WILLDAN
represents and warrants to TOWN that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for WILLDAN to practice its
profession. WILLDAN represents and warrants to TOWN that WILLDAN shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement
any licenses, permits, and approvals which are legally required for WILLDAN to practice
its profession. WILLDAN shall maintain a TOWN of Los Gatos business license pursuant
to Chapter 15 of the Code of the TOWN of Los Gatos.
7
22. Governing Law. This Agreement, regardless of where executed, shall be governed
by and construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior or Municipal Court of either the County of Santa Clara
or the County of San Mateo.
23. Termination of Agreement. The TOWN and the WILLDAN shall have the right to
terminate this agreement with or without cause by giving not less than fifteen (15) days
written notice of termination. In the event of termination, the WILLDAN shall deliver to
the TOWN all plans, files, documents, reports, performed to date by the WILLDAN. In
the event of such termination, TOWN shall pay WILLDAN an amount that bears the same
ratio to the maximum contract price as the work delivered to the TOWN bears to completed
services contemplated under this Agreement pursuant to Exhibit A hereto, unless such
termination is made for cause, in which event, compensation, if any, shall be adjusted in
light of the particular facts and circumstances involved in such termination.
24. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the TOWN and the WILLDAN
25. Miscellaneous Provisions
This Agreement is subject to the following special provisions:
A. The titles used in this Agreement are for general reference only and are not
a part of the Agreement.
B. This Agreement shall be interpreted as though prepared by both parties.
C. Any provision of this Agreement held to violate any law shall be deemed void,
and all remaining provisions shall continue in full force and effect.
26. Entire Agreement. This Agreement constitutes the complete and exclusive statement
of the Agreement between the Town and WILLDAN. No terms, conditions, understandings
or agreements purporting to modify or vary this Agreement, unless hereafter made in
writing and signed by the party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, the Town and WILLDAN have executed this Agreement
as of the date indicated on page one (1).
Town of Los Gatos
David W. Knapp, Town Manager
Town of Los Gatos
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove, Town Clerk
Mb09 \CNCLRPTS \MANG1NSP.AGE
G
WILLDAN:
Print Name
Title
Approved as to Form:
Larry E. Anderson, Town Attorney
Proposal to Provide
Project Management Services for the
Los Gatos Boulevard Widening Project
January 6, 1994
♦ Provide periodic project status updates to the Town and other jurisdictions as
necessary.
Observe and document the contractor's work Coordinate inspection
activities, construction staling, material, sampling and testing services to
ensure that the project is completed in compliance with the contract, is on
schedule, and is performed in an organized manner.
® Make recommendations to the Town on project revisions found necessary
during construction.
Minimize the affects on the Town staff and the general public caused by the
construction.
Serve as a link between the property owners and the Town's contractor.
Willdan Associates will also provide construction staking and material sampling and testing
services through the use of subconsultant contractors. We have excellent working
relationships with several subconsultants is each of these areas, and depending upon the
requirements of the project, feel confident in our ability to meet minority requirements.
As project manager on this project, Willdan Associates will undertake all efforts at this point
in the process to ensure that the project is designed and constructed in accordance with the
requirements set forth by the Town, County, State, citizen and others. We will minimize
the need for existing Town staff involvement and time, yet we will keep the staff informed
on a regular basis.
PROJECT MANAGEMENT SERVICES LOS GATOS BOULEVARD
eso-0ot Town of Los Gatos
Page 2
Transmit mark -up plans and specifications to the design engineer with letter outlining the
results of the review. Review revised plans and specifications to ensure comments are
addressed prior to "advertising for bids."
Provide administrative services to the Town to keep the Town Council informed and to
communicate the status of the project to the Los Gatos community as requested.
Traffic
Willdan's traffic engineer will review the plans to ensure that all construction period and
proposed traffic items are addressed and properly coordinated. Street lighting reviews will
also be performed.
Bid Assistance
Assist the Town in the advertisement and solicitation for public bids. Provide a plan
holder's list for the Town's use in distribution of the bid package. Provide guidelines of
recommended bid procedures.
Distribute bid documents to local plan rooms. Monitor the plan holder's list periodically
to ensure the advertisements are being reached by qualified bidders. Request verification
of publication from trade journals and check the publications for correct contract amount
and project location.
Distribute the final plans to Caltrans, utility companies, and other affected agencies.
Telephone communications will follow to ensure resolution of utility conflicts and
coordination with outside agencies prior to the bid opening.
Receive requests for clarification of plans and specifications from prospective bidders and
coordinate responses from the design engineer and the Town. Provide recommendations
for plan revisions and addenda processing. Process and distribute addenda to all plan
holders.
Conduct pre -bid proposal conference to answer questions from prospective bidders and
ensure all bidders understand the requirements of the contract
Contract permitting agencies to assure permits can be acquired by contractor upon bid
award.
Schedule and conduct public bid opening. Prepare bid summary spreadsheet for the Town's
review.
Review the bids for low bidder, document completeness, mathematical correctness and
compliance with contract requirements. Conduct reference check and comment on
references and qualifications of low bidder.
PROJECT MANAGEMENT SERVICES LOS GATOS BOULEVARD
Town of Los Gatos
P94-OM Page 4
POSE II - CONSTRT1r'r'rnN cruvrnS
During the construction phase of the project, the Project Engineer will assure the primary
responsibility for successful completion of the project. The Project Engineer will be
responsible for coordinating the efforts of his staff, the contractor, engineer, and Town staff
All required duties shall be performed in accordance with Caltrans construction
management requirements. The Project Engineer will provide overall supervision during
this phase of the project.
Pre - Construction Administration Procedures
Schedule and conduct preconstruction conference for attendance by Town officials, County
officials, design engineer, utility companies, Caltrans, contractor, subcontractors, soils
engineer, surveyors and other affected parties.
Prepare and distribute pre - construction meeting minutes. Prepare and send letters to those
parties which require action.
Review and comment on contractor's proposed traffic control plans to ensure safety and
project compliance with permits. Review contractor's safety programs for compliance with
public health, contract documents, OSHA and all other requirements.
Analyze the contractor's construction schedule for compliance to construction phasing.
Ensure that the schedule provides for completion of work in a timely manner and orderly
fashion. Ensure contract compliance of the construction schedule and traffic control plan
prior to start of construction.
Distribute shop drawing submittals, catalog cut submittals, and other related data to design
engineer and Town and provide an independent review of the shop drawings. Coordinate
responses to contractor's submittals covering all material and equipment to be incorporated
into the project. Coordinate comments and maintain shop drawing log indicating disposition
of all required shop drawings submittals.
Construction Administration Services
Observe the work of the contractor and assist in coordination of the work with the activities
and responsibilities of the engineer to complete the project in accordance with objectives
of cost time and quality.
Implement the established procedures for expediting and processing of information
requests, shop drawings, material and equipment sample submittals, contract schedule
adjustments, change orders, requests for material and equipment substitutes and payment
requests.
PROJECT MANAGEMENT SERVICES LOS GATOS BOULEVARD
r� ool Town of Los Gatos
Page 6
Observe the work of contractors for defects and deficiencies without assuming any of the
engineer responsibilities. Report deficiencies to the engineer and to the Town.
Require and observe the potholing of all utilities before excavation and trenching.
Labor compliance
Require, check and maintain "Certified Payroll" records for contractor and all
subcontractors. Check payroll records for compliance with the Labor Board requirements.
Require submittal of "Statement of Compliance" letters.
Return discrepancies and insufficient submittals to contractor for clarification. Refer
potential violations to the Labor Board.
Progress Reports /Progress Payment Reports /Project Cost Reports
Prepare monthly progress reports depicting the status of the work and a synopsis of
outstanding design and construction issues.
Review payment requests submitted by contractor. Determine payment amount based on
completed work and recommend progress payment amounts to the Town on a monthly basis.
Prepare monthly Progress Payment Reports of completed work, on spreadsheet format, for
Town approval for payment to contractor. Spreadsheet will indicate original contract work;
previous pay period work; current pay period work; retention amount and total work
completed to date. Progress Payment will indicate the current status of approved change
order payments.
Review project invoices. Recommend and submit invoices to the owner for payment
Maintain project cost accounting.
Prepare and distribute Project Cost Reports to Town and design engineer. The reports will
show actual project administration fees and construction costs compared with original budget
estimates.
Project Site Meetings
Conduct weekly construction meetings at job site with contractor and other personnel
involved to discuss quality control, scheduling, equal employment opportunity, project
coordination, progress, utility work and costs.
Record, transcribe and distribute meeting minutes to meeting attendees with "action" items
to those parties concerned.
PROJECT MANAGEMENT SERVICES LOS GATOS BOULEVARD
Town of Las Gatos
esamt Page 8
Records
Maintain project records, including contract, contract changes, shop drawing
submittal /approval logs, purchase orders, material purchase /deliver logs, equipment
purchase /deliver logs, contract drawings and specifications with addenda, record documents,
warranties and guarantee, operating and maintenance instructions, daily and monthly
progress reports, correspondence files, owner change orders, payment request records,
transmittal records, meeting minutes, inspection reports, bid information, lab test reports,
punch lists, CPM schedules, and updates and composite as- builts.
Material Sampling and Testing
Construction Staking
Depending upon the needs of the Town and the project, Willdan can hire a qualified
geotechnical firm to ensure quality control of the materials used and contractor's compliance
with the required testing results. Willdan can also hire a qualified survey firm to establish
horizontal and vertical control prior to construction. Subconsultants will be selected upon
approval of the Town. There are a number of well qualified DBE firms in the South Bay
who can provide these services.
Record Drawings
Maintain a set of record drawings with as -built markups to reflect actual construction. The
set will be continuously updated and. will remain in the field office at all times. Upon
project completion, the record drawing will be given to the design engineer for preparation
of as -built drawings.
Upon completion of as- builts by the design engineer, conduct plan check review to ensure
completeness and accuracy.
Project Acceptance
Assist the Town with project acceptance,
Provide administrative services and attend
Kles
Notice of Completion, and retention release.
meetings as necessary to finalize the project.
Package and deliver files and records to the Town.
PROTECT MANAGEMENT SERVICES LOS GATO BBOULEVARD
P94�wi Town of Los Gatos
Page 10
General Compliance with Laws and Wage Rates
The Project Engineer shall be required to comply with all Federal, State and local laws and
ordinances applicable to the work. This includes compliance with prevailing wage rates and
their payment in accordance with California Labor Code Section 1775 and applicable
Federal standards.
Subcontractions, Assignment and Transfer
Project management services are considered to be a personal relationship between client
and principal; and, therefore, the subcontractions, assignment, or transfer of any of the work
is prohibited, except as is otherwise provided for in the executed agreement. Subcontracts,
if any, exceeding $25,000 in cost shall contain all required provisions of the prime contract.
Nondiscrimination Civil Rights Act of 1964
The Project Engineer and all subcontracts are required to comply with Title VI of the avil
Rights Act of 1964, as amended. Accordingly, 49 CFR 21 through Appendix H and 23 CFR
710.405(b) are made applicable by reference.
Government Code Section 7550
The Project Engineer is made aware of his obligation with respect to the required notice
under Government Code Section 7550 on any documents or written reports prepared.
"Any document or written report prepared for or under the direction of a state or local
agency, which is prepared in whole or in part by non - employees of such agency, shall contain
the numbers and dollar amounts of all contracts and subcontracts relating to the preparation
of such document or written report; provided, however, that the total cost for work
performed by non - employees of the agency exceeds five thousand dollars ($5,000). The
contract and subcontract numbers and dollar amounts shall be contained in a separate
section of such document or written report"
Partnering Prograrn
Partnering is a method of avoiding adversary relationships and litigation resulting from
problems that arise on construction projects. Implementation of partnering normally begins
before construction_ The process starts with a partnering conference, attended by the Town,
design consultant, construction management consultant, contractor and others likely to
interact regularly throughout the work The general objective of a partnering agreement is
for the group to mutually develop terms of a formal "charter," the accord that all
participants sign_ The practice has been � --rmed analogous to "restoring the handshake" that
once characterized the industry. ",illdan has successfully worked with various
subconsultants in developing partnerin,; ;. rograms. This service is therefore available on this
project should it be determined to be az4vantageous.
PROJECT MANAGEMENT SERVICES LOS GATOS BOULEVARD
Town of Los Gatos
e94-0m Page 12
LENARD LACHAPPELL
POSMON: Senior Public Works Observer
EDUCATION: Bachelor of Science /Construction Management
Chico State University
EXPERIENCE: Mr. LaChappell has worked in the construction industry providing
construction management and inspection services for the past 12 years.
He has been responsible for overseeing a wide range of public works
improvement projects. Mr. LaChappell has also served as Assistant
Resident Engineer on various Caltrans projects. ' ."
Recently, Mr. LaChappell provided Resident Engineering to the City
of Hercules. Projects included street reconstruction, rehabilitation of
underground utilities, signalization and interconnect He also worked
on Highways 4 and 80 coordinating Caltrans efforts and provided
documentation to meet Federal, State, and City funding requirements.
Mr. LaChappell has provided services to Caltrans Districts 1, 4, and 9
in the roles from Senior Inspector to Assistant Resident Engineer.
Mr. LaChappell also cites experience as an administrator for a safety
and risk control program for a heavy highway construction company,
consisting of over three hundred employees. In this capacity he
developed a close working relationship with Cal -OSHA and MSHA.
He was responsible for job site inspection, accident investigation,
hazard communication, and record keeping and training. He was also
responsible for development of a safety program, training aids, and
safety education. Lenard accompanied all compliance inspectors
during their inspection of job site and documented the inspectors,
conclusions and safety observations. He has worked in the safety field
Of construction for over three years. Lenard also cites earlier
experience as a Construction Inspector for Caltrans District 1. Mr.
LaChappell is also certified in CPR and First Aid and a Certified
Nuclear Gauge Operator.
PROTECT MANAGEMENT SERVICES LOS GATOS BOULEVARD
P94-001 Town of Los Gatos
Page 14
MARK H. STEENBURG (CONTINUED)
existing wastewater treatment plant and constructing new facilities to
increase treatment plant capacity. Major construction elements
included a new clarifier, sludge pump station, sludge drying beds, flow
channels, electrical modifications, flow meter, aerator, and related
piping and site improvements. Construction cost for the project was
$840,000.
Prior to joining Willdan Associates, Mr. Steenburg served for nine
years as Construction Inspector for the City of Clearwater, Florida.
Extensive experience in installation /replacement of aged or damaged
sanitary sewer lines (gravity and force main), sewer manholes and
sanitary lift stations. Specialized exposure included interior.repair of
existing sanitary lines (pressure injection, insituform), fiberglass lining
of aged sanitary manholes, and gunite application repair of existing
sanitary manholes and sewer lines. Projects also included water line
system installation, storm drain systems, roadway improvements, bridge
and pier construction and repair, and construction of City recreational
facilities. In addition, he assured compliance with federal, state, and
local engineering regulations and specifications for commercial and
residential construction projects. His experience includes writing
project logs and preparation of detailed monthly estimates of
completed contract work
Mr. Steenburg has also performed field and laboratory testing of soil,
concrete, asphalt, and steel to assure adherence to construction
specifications, while working for a geotechnical engineering firm.
PROJECT MANAGEMENT SERVICES LOS GATOS BOULEVARD
Town of Los Gatos
Page 16
DAVID J. NOEL (CONM41J D)
subgrade and base rock), and coordinated inspections with other
agencies, Mr. Noel finalized projects by formulating project punch
lists, handling reduction /releases of project bonds and prepared notice
of completion packages.
Mr. Noel drew up plans and put together estimates for City Capital
Improvement Projects. He also put together job specifications for
construction of public works projects and drew up necessary exhibits
and communications for presentation to the City Council. Noel
Mr.
shot finished floor house elevations for homes within the fl r. Noel
areas and compared those to City bench marks and flood maps. He
transferred City bench marks from existing positions to new locations
around the City with elevations based on 1983 and 1986 floods.
Mr. Noel has also worked for a general engineering contractor. As a
construction superintendent, he supervised three construction crews.
His responsibilities included project scheduling, quality control,
resolving field problems, project acceptance and serving as company
safety officer.
AssoCIATIONs/
AFFMIATIONS: Member of American Construction Inspectors Association
Member of American Public Works Association
PROJECT MANAGEMENT SERVICES LOS GATOS BOULEVARD
e9amt Town of Las Gatos
Page 18
ARNOLD SPITZ (CONTINUED)
Operations Manager. Mr. Spitz managed the activities of architects,
contractors, and labor unions in the dismantling of a major industrial
steel plant. This project spanned six years and provided Mr. Spitz with
the project responsibility from conception to implementation. Also as
an operations manager for another 19 years, Mr. Spitz was responsible
for the site selection, acquisition, and supervision of design,
construction and inspection contracts for heavy industrial facilities
programs.
PROJECT MANAGEMENT SERVICES LOS GATOS BOULEVARD
Town of Los Gatos
aot Page 20
Phase III - Post Construction Services
Record Drawings
Project Acceptance
S 600
S 1,328
Phase IV - Additional& MjM (not including Partnering program) S 1,328
Total Estimated Fee (not including subconsultant costs) $50,302
PROTECT MANAGEMENT SERVICES LOS GATOS BOULEVARD
P%001 Town of Los Gatos
Page 22