TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Tony Olmos, Public Works Director
Joe Parco, City Engineer
SUBJECT:Title
Settlement Agreement with Willdan Associates (Public Works Director Olmos).
APPROVE
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council approve a settlement agreement with Willdan Associates.
Body
FISCAL IMPLICATIONS:
$75,000 will be deposited in the City's Water Fund.
BACKGROUND:
In February 2011, the City entered in a design professional services agreement with Willdan Associates (Willdan) to perform design and construction management services for the 2011-2012 Water Main Replacement Project (Project). The Project has been completed.
DISCUSSION:
During Project construction, the contractor discovered a layer of concrete underneath the street. The additional excavation resulted in a construction change order in the amount of $150,000, which was initially paid by the City. Willdan, engineer-of-record, has agreed to reimburse the City half ($75,000) the cost of the change order. The City, in turn, has agreed to unpaid outstanding invoices from Willdan to City for services performed by Willdan for the Project in the amount of $3,320. Consistent with Council direction to place proposed settlements on Council agendas, the proposed settlement agreement is attached for Council consideration.
CONCLUSION:
Staff recommends that City Council approve the settlement agreement with Willdan Associates.
1. Settlement Agreement