CC Agreement No. 2024-20
CITY OF CAMARILLO
PROFESSIONAL SERVICES AGREEMENT
With
WILLDAN ENGINEERING
FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
FOR VARIOUS FACILITY PROJECTS
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 i CC Agreement No. 2024-20
TABLE OF CO NTENTS
Page No.
S
ection 1. Term of Agreement. ............................................................................................. 1 Section 2. Scope and Performance of Services. ................................................................... 1 Section 3. Additional Services and Changes in Services. ..................................................... 2 Section 4. Familiarity with Services and Site. ........................................................................ 2 Section 5. Compensation and Payment. ............................................................................... 2 Section 6. Required Documentation Prior to Performance. ................................................... 3 Section 7. Time of Performance; Excusable Delays; Extensions. ......................................... 3 Section 8. Cooperation by City. ............................................................................................ 4 Section 9. Project Documents. .............................................................................................. 4 Section 10. Confidential Information; Release of Information. ................................................. 4 Section 11. Consultant’s Books and Records. ........................................................................ 5 Section 12. Status of Consultant. ............................................................................................ 5 Section 13. Compliance with Applicable Laws. ....................................................................... 6 Section 14. Unauthorized Aliens. ............................................................................................ 6 Section 15. Conflicts of Interest. ............................................................................................. 6 Section 16. Indemnification. .................................................................................................... 7 Section 17. Insurance. ............................................................................................................ 8 Section 18. Assignment. ......................................................................................................... 8 Section 19. Default; Limitations on Liability. ............................................................................ 8 Section 20. Termination of Agreement. ................................................................................... 9 Section 21. Notices. ................................................................................................................ 9 Section 22. General Provisions. ............................................................................................ 10 E
xhibit A – Scope Of Services ................................................................................................ A-1 Exhibit B – Key Personnel & Compensation ........................................................................... B-1 Exhibit C – Insurance .............................................................................................................. C-1 Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 1 CC Agreement No. 2024-20
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is effectiv e as of April 24, 2024 (“Effective Date”), and is between the City of Camarillo, a California municipal corporation and general law city (“City”) and Willdan Engineering, a California corporation (“Consultant”).
Section 1. Term of Agreement.
Subject to the provisions of Section 20 (Termination of Agreement), the term of this Agreement will be for a period commencing on the Effective Date and extend for a period of three (3) years unless extended by mutual agreement of the Parties.
Section 2. Scope and Performance of Services.
2.1 Consultant agrees to perform the services set forth in Ex hibit A (Scope of Services), which is made a part of this Agreement.
2.2 Consultant will furnish all of the labor, technical, administrative, professional, and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculations, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary to perform the services required of Consultant under this Agreement.
2.3 Consultant’s designated representative(s) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement are listed in Exhibit B (Key Personnel & Compensation), which is made a part of this Agreement.
2.4 Consultant must make every reasonable effort to maintain the stability and continuity of Cons
ultant’s key personnel and subcontractors, if any, listed in Exhibit B to perform the services required under this Agreement. Consultant must notify City and obtain City’s written approval with respect of any changes in key personnel prior to the performance of any services by replacement personnel.
2.5 Consultant must obtain City’s prior written approval before utilizing any subconsultants t o perform any services under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation.
2.6 Consultant represents that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner. Consultant will at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described in this Agreement.
In meeting its obligations under this Agreement, Consultant must employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.
2.7 City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. Acceptance of any of Consultant’s work by City will not constitute a waiver of any of the provisions of this Agreement.
2.8 The Consultant must maintain any work site in the City in a safe condition, free of hazards to persons and property resulting from its operations.
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 2 CC Agreement No. 2024-20
Section 3. Addi tional Services and Changes in Services.
3.1 Consultant will not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in the Scope of Services or otherwise required by this Agreement unless such additional services are authorized in advance and in writing by City.
3.2 If Consultant believes that additional services are needed to complete the Scope of Services, Consultant will provide the City Manager with written notification describing the proposed additional services, the reasons for such services, and a detailed proposal regarding cost.
3.3 City may order changes to the Scope of Services, consisting of additions, deletions, or other revisions, and the compensation to be paid Consultant will be adjusted accordingly.
All such changes must be authorized in writing, and executed by Consultant and City. The cost or credit to City resulting from changes in the services will be determined by the written agreement between the parties.
Section 4. Fami
liarity with Services and Site.
4.1 By executing this Agreement, Consultant represents that Consultant:
(a) has thoroughly investigated and considered the Scope of Services to be performed;
(b) has carefully considered how the services should be performed; (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement; and
(d) possesses all licenses required under local, state, or federal law to perform the services contemplated by this Agreement, and will maintain all required licenses during the performance of this Agreement.
4.2 If services involve work upon any site, Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing its services.
Should Consultant discover any latent or unknown conditions that may materially affect the performance of services, Consultant will immediately inform City of such fact and will not proceed except at Consultant’s own risk until written instructions are received from City.
Section 5. Com
pensation and Payment.
5.1 Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit B (Key Personnel & Compensation). The total compensation, including reimbursement for actual expenses, may not exceed the amount set forth in Exhibit B, unless additional compensation is approved in writing by City.
5.2 The use of subconsultants will not be considered a reimbursable expense, and such costs must be applied towards the approved budgeted amount.
5.3 Each month during the term of this Agreement, Consultant must furnish City with an or
iginal invoice for all services performed and expenses incurred during the preceding month in accordance with the fee schedule set forth in Exhibit B. The invoice must detail charges by the following categories: labor (by subcategory), reimbursable costs, Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 3 CC Agreement No. 2024-20
subcontractor contracts and miscellaneous expenses. The invoice must list, as applicable, t
he hours worked and hourly rates for each personnel category, the tasks performed, the percentage of the task completed during the billing period, the cumulative per centage completed for each task, and the total cost of the services. If applicable, the invoice must also provide a budget summary including the total amounts previously invoiced and paid, the current invoice amount and the budget remaining.
5.4 City will review each invoice submitted by Consultant to determine whether the work performed, and expenses incurred are in compliance with this Agreement. In the event that no charges or expenses are disputed, the invoice will be approved and paid. In the event any charges or expenses are disputed by City, the invoice will be returned by City to Consultant for correction and resubmission.
5.5 Except as to any charges for work performed or expenses incurred by Consultant that are disputed by City, City will cause Consultant to be paid within 30 days of receipt of Consultant’s invoice.
5.6 Payment to Consultant for services performed under this Agreement may not be deemed to waive any defects in the services performed by Consultant, even if such defects were known to City at the time of payment.
5.7 City reserves the right to withhold future payment to Consultant if any aspect of the Consultant’s work is found substantially inadequate.
Section 6. R
equired Documentation Prior to Performance.
6.1 Consultant may not perform any services under this Agreement until:
(a) C onsultant furnishes proof of insurance as required under Exhibit C ; (b) Consultant provides City with a Taxpayer Identification Number; (c) Consultant obtains a City business tax certificate and license, if applicable, and provides proof of compliance; and
(d) City gives Consultant a written notice to proceed.
6.2 The City will have no obligation to pay for any services rendered by Consultant in advance of receiving written authorization to proceed, and Consultant acknowledges that any such services are at Consultant’s own risk.
Section 7. Ti
me of Performance; Excusable Delays; Extensions.
7.1 Consultant must adhere to all schedules and deadlines set forth in this Agreement.
7.2 Consultant will not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant.
Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal, state, or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.
7.3 If Consultant is delayed by any cause beyond Consultant’s control, City may grant, but is not required to, a time extension for the completion of services. If delay occurs, Consultant must notify City within 48 hours, in writing, of the cause and the extent of the delay and how such delay interferes with Consultant’s performance of services.
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 4 CC Agreement No. 2024-20
Section 8. C ooperation by City.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Scope of Services will be furnished to Consultant in every reasonable way to facilitate, without undue delay, the services to be performed under this Agreement.
Section 9. P
roject Documents.
9.1 All original computer programs, data, designs, drawings, files, maps, memoranda, models, notes, photographs, reports, studies, surveys, and other documents (collectively, “Project Documents”) prepared, developed, or discovered by Consultant in the course of providing services under this Agreement will become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of Consultant. Consultant will take such steps as are necessary to perfect or protect the ownership interest of City in such Project Documents. Upon completion, expiration or termination of this Agreement or upon request by City, Consultant must turn over to City all such original P roject Documents in its possession; provided, however, that Consultant may retain copies of Project Documents. City acknowledges and agrees that use of Consultant’s completed work product, for purposes other than identified in this Agreement, or use of inc omplete work product, is at City’s own risk. If necessary, Consultant agrees to execute all appropriate documents to assign to City the copyright or intellectual property rights to the Project Documents created pursuant to this Agreement.
9.2 Except as necessary for the performance of services under this Agreement, no Project Documents prepared under this Agreement will be released by Consultant to any other person or entity without City’s prior written approval.
Section 10. C
onfidential Information; Release of Information.
10.1 All information gained or work product produced by Consultant in performance of this Agreement will be considered confidential unless such information is in the public domain or already known to Consultant. Consultant may not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
10.2 Consultant, its officers, employees, or agents, may not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the services performed under this Agreement. Response to a subpoena or court order will not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
10.3 If Consultant, or any officer, employee, or agent of Consultant, provides any information or work product (including Project Documents) in violation of this Agreement, then City will have the right to reimbursement and indemnity from Consultant for any dam ages, costs, and fees, including attorney’s fees, caused by, or incurred as a result of Consultant’s conduct.
10.4 Consultant must promptly notify City should Consultant, its officers, employees, or agents be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the services performed under this Agreement. City retains the right, but has no obligation, to represent Consultant or be Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 5 CC Agreement No. 2024-20
present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
10.5 All media and press releases, including graphic display information, must be approved, and distributed solely by City, unless otherwise agreed to in writing by City. All media interviews regarding the performance of services under this Agreement are prohibited unless expressly authorized by City.
Section 11. C
onsultant’s Books and Records.
11.1 Consultant must maintain all documents and records demonstrating or relating to Consultant’s performance of services under this Agreement, including ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City under this Agreement. All financial documents or records must be maintained in accordance with generally accepted accounting principles and all other documents must be sufficientl y complete and detailed so as to permit an accurate evaluation of the services provided by Consultant under this Agreement. All such documents or records must be maintained for at least three years following the final payment under this Agreement.
11.2 Any and all records or documents required to be maintained by this section must be made available for inspection, audit and copying, at any time during regular business hours, upon written request by City or its designated representative. Copies of such documents or records must be provided directly to City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records must be made available at Consultant’s address indic ated for receipt of notices in this Agreement.
11.3 Where City has reason to believe that any of the documents or records required to be maintained by this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to a person or entity mutually agreed upon and that such documents and records thereafter be maintained by such person or entity at Consultant’s expense. Access to such documents and records must be granted to City, as well as to its successors-in-interest and authorized representatives.
Section 12. S
tatus of Consultant.
12.1 Consultant is and will at all times remain a wholly independent contractor and not an officer or employee of City. Consultant has no authority to bind City in any manner, or to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
12.2 The personnel performing the services under this Agreement on behalf of Consultant will at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, will have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as provided in this Agreement. Consultant agrees that it will not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, or employees of City.
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 6 CC Agreement No. 2024-20
12.3 N either Consultant, nor any of Consultant’s officers, employees , or agents, will obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim to any such rights or benefits.
Section 13. C ompliance with Applicable Laws.
13.1 I n General. Consultant must use the standard of care in its profession to keep itself informed of and comply with all federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement that apply to the services performed by Consultant.
13.2 Professional Licenses and Approvals . Consultant agrees that it will, at its sole cost and expense, obtain and maintain in effect at all times during the term of this Agreement any licenses, permits, insurance and approvals that are legally required for Consultant to practice its profession.
13.3 Employment Laws. Consultant agrees to comply with all applicable federal and state employment laws including those that relate to minimum hours and wages, occupational health and safety, and workers compensation insurance. Consultant further represents that it is an equal opportunity employer and in performing services under this Agreement agrees to comply with all applicable federal and state laws governing equal opportunity employment, and further agrees that it will not discriminate in the employment of persons to perform services under this Agreement on the basis of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation of any such person, except as may be permitted by California Government Code section 12940.
Section 14. U
nauthorized Aliens.
Consultant agrees to comply with all of the applicable provisions of the Federal Immigration and Nationality Act (8 U.S.C. § 1101 and following), as it may be amended, and further agrees not to employ unauthorized aliens as defined under the Act. Should Consultant employ any unauthorized aliens for the performance of any work or services covered by this Agreement, and should any liability or sanctions be imposed against City for the use of unauthorized aliens, Consultant agrees to reimburse City for the amount of all such liabilities or sanctions imposed, together with any and all related costs, including attorneys’ fees, incurred by City.
Section 15. C
onflicts of Interest.
15.1 Consultant covenants that neither Consultant, nor any officer, principal, or employee of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the interests of City or that would in any way hinder Consultant’s performance of services under this Agreement. Consultant’s attention is directed to the conflict-of-interest rules applicable to governmental decision-making contained in the Political Reform Act (California Government Code Section 87100 and following) and its implementing regulations (California Code of Regulations, Title 2, Section 18700 and following), and California Government Code section 1090.
15.2 Consultant covenants that neither Consultant, nor any officer, principal or employee of its firm will make, participate in the making, or in any way attempt to use the position of Consultant to influence any decision of the City in which Consultant knows or has reason to know that Consultant, or any officer, principal or employee of Consultant has any of the financial interests listed in Government Code section 87103.
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 7 CC Agreement No. 2024-20
15.3 I f Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant must promptly disclose the relationship to City and take such action as City may direct to remedy the conflict.
15.4 City understands and acknowledges that Consultant is, as of the Effective Date, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant represents that, except as otherwise disclosed to City, it is unaware of any stated position of City relative to these projects. Any future position of City on these projects will not be considered a conflict of interest for purposes of this section.
Section 16. I ndemnification.
16.1 Consultant agrees that it will, to the fullest extent permitted by law, defend, indemnify, and hold harmless City from all Services Claims and Operations Claims (each defined below) related to the performance by Consultant of this Agreement as provided in this section.
Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to defend, indemnify, and hold harmless City as set forth in this section.
16.2 For the purposes of this section, “City” includes City’s officers, officials, employees, agents and volunteers, and “Consultant” includes Consultant’s officers, officials, employees, agents and subcontractors and any other persons for whom Consultant is legally responsible.
16.3 With respect to the performance of professional services under this Agreement where the law establishes a professional standard of care for such services, Consultant agrees to indemnify, and hold harmless City from and against all liabilities, damages, losses, and costs, including but not limited to reimbursement of reasonable attorney's fees and all other costs of defense, to the extent caused by the negligence, recklessness, or willful misconduct of Consultant (collectively, “Services Claims”).
16.4 With respect to the acts and operations of Consultant under this Agreement other than the performance of professional services, Consultant agrees to defend, indemnify, and hold harmless City from and against any and all claims, liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees and all other costs of defense, to the extent caused, in whole or in part, by the negligence, recklessness, or willful misconduct of Consultant, and excepting only those claims, damages, liabilities, losses, and costs caused by City’s sole negligence or willful misconduct (collectively, “Operations Claims”).
16.5 Consultant must notify City within five days of receipt of notice of any Operations Claims or Services Claims made or legal action initiated that arises out of or pertains to Consultant’s performance of services under this Agreement.
16.6 Consultant’s duty to defend Operations Claims is a separate and distinct obligation from Consultant’s duty to indemnify City for any Operations Claims. With respect to Operations Claims, Consultant is obligated to defend City in all legal, equitable, administrative, or special proceedings, with counsel reasonably approved by City, immediately upon tender to Consultant of an Operations Claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or det ermination that persons other than Consultant are responsible for the Operations Claim does not relieve Consultant from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals.
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 8 CC Agreement No. 2024-20
16.7 C onsultant agrees that settlement of any Operations or Services Claim against City requires the consent of City. City agrees that its consent will not be unreasonably withheld provided that Consultant is financially able (based on demonstrated assets including insurance) to fulfill its obligation to indemnify City for the costs of any such settlement as required under this Agreement.
16.8 The insurance required to be maintained by Consultant under this Agreement is intended to ensure Consultant’s obligations under this section, but the limits of such insurance do not limit the liability of Consultant.
16.9 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others as required, Consultant will be fully responsible for all obligations under this section. City’s failure to monitor compliance with this requirement imposes no additional obligations on City and will in no way act as a waiver of any rights under this Agreement.
16.10 The parties acknowledge and agree that design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code section 2782.8, which allows for claims only to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional, and also places limitations on the costs of defense that may be charged to a design professional. The term "design professional,” is defined in Section 2782.8, and includes licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entities that offer such services in accordance with the applicable provisions of the Business and Professions Code. The parties further acknowledge and agree that the provisions of this Section 16 are to be interpreted and applied to the fullest extent permitted by Civil Code section 2782.8.
16.11 The pr
ovisions of this section will survive the expiration or earlier termination of this Agreement in accordance with the applicable provisions of Exhibit C (Insurance).
Section 17. Insurance.
Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit C (Insurance), which is made a part of this Agreement.
All insurance policies are subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager or City Attorney.
Section 18. Assi gnment.
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant may not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of City, which may be withheld in the City’s sole discretion. Any attempted assignment will be null and void, and will constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement.
Section 19. D
efault; Limitations on Liability.
19.1 In the event that Consultant is in default under the terms of this Agreement, City will have Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 9 CC Agreement No. 2024-20
no obligation or duty to continue compensating Consultant for any services performed afte
r City provides written notice to Consultant of such default.
19.2 Consultant agrees that no City official, officer, employee or agent will be personally liable to Consultant in the event of any default or breach of City, or for any amount which may become due to Consultant, or for any obligations directly or indirectly incurred under this Agreement.
19.3 City’s liability under this Agreement is limited to payment of Consultant in accordance with the terms of this Agreement and excludes any liability whatsoever for consequential or indirect damages even if such damages are foreseeable.
Section 20. Term
ination of Agreement.
20.1 City may terminate this Agreement, with or without cause, at any time by written notice of termination to Consultant. In the event such notice is given, Consultant must cease immediately all work and services in progress.
20.2 Consultant may terminate this Agreement at any time upon 30 days’ prior written notice of termination to City.
20.3 Upon termination of this Agreement by either Consultant or City, all property belonging to City that is in Consultant’s possession must be returned to City. Consultant must promptly deliver to City a final invoice for all outstanding services performed and expenses incurred by Consultant as of the date of termination. Compensation for work in progress not based on an hourly rate will be prorated based on the percentage of work completed as of the date of termination.
20.4 Consultant acknowledges City’s rights to terminate this Agreement as provided in this section, and hereby waives any and all claims for damages that might otherwise arise from City’s termination of this Agreement.
Section 21. Noti
ces.
21.1 All written notices required or permitted to be given under this Agreement will be deemed made when received by the other party at its respective address as follows:
To City:
City of Camarillo
601 Carmen Drive
Camarillo, California 93010
Attention: John Thomas
Tel.
(805) 383-5667
Fax (805) 388-5318
e-mail: [email protected]
To Consultant:
Willdan Engineering
374 Poli Street, Suite 101
Ventura, CA 93001
Attention: Michael Bustos
Tel. (805) 653-6597
Cell (805) 279-6870
e-mail: [email protected]
21.2 Not
ice will be deemed effective on the date personally delivered or electronically transmitted by facsimile. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities.
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 10 CC Agreement No. 2024-20
21.3 Any party may change its notice information by giving notice to the other party in c
ompliance with this section.
Section 22. Gener al Provisions.
22.1 Authority to Execute; Counterparts. Each party represents and warrants that all necessary action has been taken by such party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations hereunder. This Agreement may be executed in several counterparts, each of which will constitute one and the same instrument and will become binding upon the parties when at least one copy has been signed by both parties.
22.2 Entire Agreement. Thi
s Agreement, including the attached Exhibits A through C , is the entire, complete, final, and exclusive expression of the parties with respect to the matters addressed in this Agreement and supersedes all other agreements or understandings, whether oral or written, between Consultant and City prior to the execution of this Agreement.
22.3 Binding Effect. This A
greement is binding upon the heirs, executors, administrators, successors and assigns of the parties.
22.4 Modification of Agreement. No amendment to or modification of this Agreement will be valid unless made in writing and approved by Consultant and by the City Council or City Manager, as applicable. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
22.5 Electronic Signatures ; Counterparts. This Agreement and any amendment will be considered executed when the signature page of a party is delivered by electronic transmission. Such electronic signatures will have the same effect as an original signature. This Agreement may be executed in multiple counterparts.
22.6 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement will not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any services by Consultant will not constitute a waiver of any of the provisions of this Agreement.
22.7 Interpretation. This Agreement will be interpreted, construed, and governed according to the laws of the State of California. Each party has had the opportunity to review this Agreement with legal counsel. The Agreement will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party.
22.8 Severability. If any term, condition, or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement will not be affected, and the Agreement will be read and construed without the invalid, void, or unenforceable provision.
22.9 Venue. In the event of litigation between the parties, venue in will be exclusively in a state court in the County of Ventura.
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 11 CC Agreement No. 2024-20
THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF the parties hereby execute this Agr
eement as follows:
CITY OF CAMARILLO
_________________________________
Greg Ramirez, City Manager
ATTEST:
_________________________________
Kristy Buxkemper, City Cle rk
CONSULTANT:
WILLDAN ENGINEERING a California corporation
By_________________________________
Vanessa Munoz, President/CEO
By_________________________________
Kate Nguyen, Secretary
Camarillo Business Tax Certificated No. 000168 / Expiration Date 4/30/2024 Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved January 2018 A-1
EXHIBIT A
SCOPE OF SERVICES
Pl
ease see the following 5 pages.
Willdan’s RFP response to AS-2023-11
CC Agreement No. 2024-20
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
City of Camarillo Specification No. AS-2023-11
Proposal to Provide Construction Management and Inspection Services for Various Facility Improvement Projects – Specification No. AS-2023-11
5. Project Understanding/Methodology
Willdan understands that the City of Camarillo seeks a consultant to provide construction management and inspection services for various City facility projects including the immediate remodel of the City Hall and Corporation Yard restroom and break rooms and future projects, anticipated to potentially include the interior remodel and replacement of HVAC equipment at City Hall; interior LED lighting upgrades at City Hall, the City’s Corporation Yard, and Police Facility; and various other facility improvement projects, as requested by the Administrative Services Department . The consultant will be responsible for providing construction management and inspec tion services throughout the course of various construction projects , including the oversight of contractor adherence to construction drawings and contract data; ADA compliance; and the SWPCP (Storm Water Prevention Control Plan). The consultant’s o versight will include review of the construction scope, including general requirements, demolition, concrete, plumbing, carpentry, casework, drywall thermal/moisture protection, doors, finishes, signage, furnishings, fire suppression, mechanical/HVAC, electrical and audio -visual work. Inspection services will include construction monitoring, assessing compliance with contract documents and proper documentation including daily reports and photographs, as required by the Fleet and Facilities Manager. Construction for the immediate Projects is estimated to begin approximately July 2024. Given the location of the proposed projects, at various city facilities, where ongoing municipal services are being provided by City staff on a daily basis, it is essential that the consultant understands the sensitivity to the impact of the pending construction activities will have on the City’s operations, which will need to be maintained throughout construction.
The project is subject to Prevailing Wage requirements for all pertinent labor classifications, including construction inspection.
Project Approach
Our goal is to deliver a project to the City of Camarillo on schedule and within budget and to ensure that the final project meets the highest quality standards. To achieve this, specific construction management protocols will be put into place by the Willdan Construction Manager. The following is a list of critical elements:
Review of Construction Documents: Willdan will review the construction documents (plans and specifications) for constructability issues.
Confirmation of Cost Estimates: Upon being given a Notice -to-Proceed, Willdan will review the latest Engineering Estimate for accuracy and appropriateness.
Pre-Construction Meeting: With the notification by the City to the general contractor to proceed with construction, Willdan will arrange and conduct a pre-construction meeting. Weekly Progress Meetings: A weekly progress meeting will be conducted with the general contractor. Construction Documentation: Willdan utilizes the online, cloud- based platform Virtual Project Manager (VPM) for electronic processing/tracking/approval of submittals and RFIs. 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 docume nts, including as -built plans, manuals, warranties, inspection reports, labor compliance documents, etc.
As Construction Manager, Willdan's team will act as the City’s authorized agent to ensure the facilities are:
Staff / Role Primary Office
Location
Michael Bustos, PE, ENV SP
Project Manager
Ventura, CA
Chris Baca, RCI
Alternate Project Manager
Industry, CA
Joseph Putrino
Construction Manager
Industry, CA
Arne Cvek
Alternate Construction
Manager
Industry, CA
Brent Jablonowski
Lead Inspector
Ventura, CA
Barry Knutson
Alternate Inspector
Industry, CA
374 Poli Street, Suite 101, Ventura, CA 93001
13191 Crossroads Parkway North Suite 405, Industry CA
91746
A-2 CC Agreement No. 2024-20
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
City of Camarillo Specification No. AS-2023-11
Proposal to Provide Construction Management and Inspection Services for Various Facility Improvement Projects – Specification No. AS-2023-11 constructed in conformance with the construction documents and all applicable codes and regulations completed within the contractual time requirements
completed within budget
In addition to ensuring these three prime goals are achieved, Willdan's team will have the additional goal of creating and maintaining a complete documentation trail for activities that occur during construction.
Willdan’s team will coordinate the efforts of the contractor in constructing the project and the efforts of City staff in permitting, accepting/approving construction, and paying the contractor(s). Willdan's team will review all work as it is constructed along with all supporting documentation establishing the technical adequacy of the construction, the schedule of implementation, and the cost 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 and economic parameters of the project.
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 meeting minutes, correspondence, and punch lists will be generated in Word. All cost estimates, progress payments, and any other spreadsheet type of document will be generated in Excel. All data that is tracked requiring development of logs, including requests for information and submittals are tracked using VPM software. Willdan's team will maintain a scanned document database of every document sent or received for ready access, expedited processing, and rapid communication.
Construction Management 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 architectural/ engineer team’s construction documents for constructability issues. This review will focus on interdisciplinary coordination, practicality and ease of required construction, and cost effectiveness of design (v alue engineering). This review will occur when the construction documents are 100-percent completed.
Permitting Support. Willdan's team will support the architect/engineer team and the City in obtaining all required permits. As part of our overall corporate services, Willdan provides in-house building and safety services and offers certified building officials, plan checkers, and building inspection staff to successfully obtain these permits.
Preconstruction Meeting. With the City's notification to the contractor to proceed with construction, Willdan's team will arrange and conduct a preconstruction meeting. In attendance at this meeting, in addition to the contractor and Willdan's team, will be representatives of the City and any other entities deemed necessary by the City or Willdan's team. The purpose of this meeting is to:
review project protocols and procedures to be followed review the contracted scope of work to ensure the contractor understands it verify all required bonds and insurance certificates have been received from the contractor review all inspection requirements, including deputy inspection and observations by the engineer-of-record review the contractor’s proposed work plan and schedule review the contractor’s safety plan
Daily Site Observations. Once the contractor 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 drawings and specifications. The inspections will focus on coordinating and verifying all required deputy inspections, material testing, and engineer- of-record observations occur at the appropriate time and do not cause project delays. Willdan's team will review the s ite for conformance with the contractor’s safety plan and site cleanliness. The results of these daily inspections will be documented in a report and submitted to the City. In addition to documenting on -going and complete work activities and needed and A-3 CC Agreement No. 2024-20
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
City of Camarillo Specification No. AS-2023-11
Proposal to Provide Construction Management and Inspection Services for Various Facility Improvement Projects – Specification No. AS-2023-11 completed inspections, these reports will document the number and type of personnel onsite, weather conditions, number and type of equipment onsite, visitors to the site, and any unusual or pertinent occurrences. At a minimum, these reports will be submitted electronically via email to City staff on a weekly basis.
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 course of the work, it is inevitable that the contractor will require clarification as to the intent or specific details on the contract drawings. To obtain this clarification, the contractor’s subcontractors will issue a request for information. Willdan's team will typically allow contractors to utilize their own request forms as long as they have a sequential number, issuance date, area for identifying/describing the required clarification/information, area for the ans wer, and a required-by date. These forms will be submitted by the contractor to Willdan's team. Willdan's team will forward them to the architect/engineer team after reviewing the request for completion, clarity, and understanding. If the information requi red pertains to one of the architect/engineer team’s subconsultants, Willdan's team will forward a copy of the request to the subconsultant along with a copy to the architect/engineer team. When the response is received from the architect/engineer team, Willdan's team will review the response for clarity and understanding before forwarding to the contractor. Willdan's team will maintain a request for information log documenting request number, nature of the request, date issued, date forwarded for review, reviewer's name, response to the request, date received from the reviewer, and date forwarded to the contractor.
Submittals. The contract specifications will require the contractor to provide submittals consisting of technical data sheets and/or shop drawings for specific components/materials being installed. These submittals will be reviewed by the architect/engineer team. At the start of the project, Willdan's team will request that the contractor and the architect/engineer team prepare a summary list of all submittals required. This required list of submittals will be reviewed by the contractor, architect/engineer team, City staff, and Willdan's team to reach agreement on exactly what the contractor needs to submit. During the course of the project, the contractor will submit all submittals to Willdan's team. They will review each submittal for completeness before forwarding it to the architect/engineer team. A submittal log will document the submittal number, nature of the submittal, date the submittal was issued, date forwarded to the reviewer, reviewer's name, disposition of the submittal, date received from the r eviewer, and date forwarded to the contractor.
Communications. During the course of the project, various forms of communication will occur – written, electronic, and/or verbal. Willdan's team will strive to have all communications between the contractor, the City, and any other entity flow through our team. All communications – telephone calls by notes and e-mails by hard copy printouts – will be documented and filed. If desired by the City, copies of all communications will be provided to the City. If the level of communication warrants, or if the City so desires, logs of all communications will be maintained.
Weekly Progress Meetings. A weekly progress meeting will be conducted with the contractor. It is anticipated City staff will attend each of these meetings and the architect/engineer team attending if needed. These meetings will be held at a fixed time and day of the week to review the work completed over the past week and look ahead at the work planned for the next two weeks. All key issues affecting the work will be discussed. The non-conformance, request for information, and submittal logs will be reviewe d. Any coordination issues with the City or any outside agencies will be discussed. Detailed notes of the meetings will be taken, documented, and provided to all attendees prior to the next meeting.
Progress Photographs. Digital photographs documenting all key areas of construction will be taken weekly. The digital images will be stored electronically and in hard copy. Selected photographs from the total taken during each month will be included in the monthly report.
A-4 CC Agreement No. 2024-20
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
City of Camarillo Specification No. AS-2023-11
Proposal to Provide Construction Management and Inspection Services for Various Facility Improvement Projects – Specification No. AS-2023-11 Monthly Progress Reports. Willdan's team will prepare and submit a monthly progress report to the City. This report will summarize construction activities that occurred during the month; discuss upcoming work activities, project status, and key issues; and provide copies of all logs with a summary of progress in addressing the listed items.
Selected progress photographs will be submitted.
Contractor Monthly Pay Application. Monthly, the contractor will prepare an application for payment on either the City’s standard form, AIA standard form, or their own form as directed by the City at the beginning of the project.
The application will be based upon the contractor’s claimed percentage complete for each schedule value in the schedule of values contained in their contract. The contractor will submit monthly pay applications to Willdan's team. Willdan's team will review the application and, if in disagreement with the contractor with the percent complete of any schedule value, will attempt to resolve the disagreement with the contractor. Once agreement is reached or agreement to disagree, Willdan's team will forward a recommendation for approval of the application to the City.
Change Orders. During the course of the project, it is inevitable that the contractor will request Change Orders to their contract. The contractor will prepare a request for change order and submit it to Willdan's team. At the preconstruction meeting, the format of the request and the required backup will be discussed. The contractor will be expected to provide detailed backup necessary to justify the change, including a breakout of all quantities, material prices, labor hours and rates, overhead and profit markups, and any impact on the general conditions and schedule. Willdan's team will review the change order request. Our proposed Construction Manager, Joseph Putrino, is a former building contractor who is very adept and evaluating change order requests and identifying those items that are reasonable and those that require negotiation and resubmittal. If, after this review, Willdan's team does not agree with the request, they will negotiate with the contractor until agreement is reached. At that time, Willdan's team will meet with the City to present the request. If all parties are in agreement to the appropriateness of the change order, Willdan will prepare a recommendation for approval for the change order.
Depending upon the form of contract used, Willdan's team will either prepare or assist the City with preparing the actual change order. Willdan's team will maintain a change order log documenting the change order number, nature of the change order, value of the change order, date of request receipt from the contractor, and disposition of the request. This log will also include all identified potential change orders.
Public Funding Requirements. The proposed facilities improvements will be constructed with public funds, and thus will require some special requirements to be imposed on the contractor and all its subcontractors. The contractor and all its subcontractors will be obligated to pay prevailing wages to all who perform services on the project and they will be obligated to employ individuals who have a composite racial and ethnic makeup equal to that of the general population. To ensure this occurs, Willdan's team will:
review the contractor’s specifications with regards to labor compliance review with and advise the contractor of the labor compliance requirements during the preconstruction meeting
As-Built Drawings. The contractor contracts with the City will require preparing redline 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. Willdan's team recognizes project close-out is not a simple thing – it requires a methodical step- by-step review of all completed work and submitted documentation. 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 architect/engineer team, City staff, 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 architect/engineer team and the City to obtain, and file required certificates of substantial completion, along with final inspection sign-offs. Willdan's team will monitor and track the contractor’s submittal of all required maintenance manuals and warran ties and A-5 CC Agreement No. 2024-20
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
City of Camarillo Specification No. AS-2023-11
Proposal to Provide Construction Management and Inspection Services for Various Facility Improvement Projects – Specification No. AS-2023-11 coordinate review and acceptance by the architect/engineer team. At total project completion, Willdan's team will obtain all required unconditional final lien waivers from the contractor and the subcontractors as well as final labor summary and final labor certificate as part of the review and recommendation for final application for payment.
Effective Construction Management
Effective construction management will focus on partnering to foster communication with issues being identified more readily.
More often than not, one issue that always comes up is the project schedule. Owners want their projects built as fast as possible and contractors want a reasonable amount of time to complete the construction of a project.
The main focus of Willdan's construction management services is to bring together the entire project design and construction teams during the construction phase to work together and function as a cohesive unit. This concept of partnering goes a long way towards making the construction phase go as smoothly as possible – recognizing that every construction project will have to overcome obstacles in the field. In fostering partnering, our construction manager has the opportunity to breakdown the preconceived a dversarial relationships between the owner, design team, and contractor. In breaking down these
preconceived relationships, open communication occurs
allowing issues to be identified and discussed. Willdan is acutely aware of the benefits of getting all project team members to partner during the construction phase.
Sometimes owners bring construction managers on projects during the design phase and other times owners bring
construction managers in after the contract has been awarded to the contractor. Willdan’s team was recently involved in a project where they were brought onto the project after the construction contract had been awarded. Upon receipt and review of plans and specifications, Willdan noted the geotechnical report identified the site as having soil with a high -moisture content that would cause complications during construction. Willdan's team further noted the plans and specifications did not address this issue. Upon consulting the project's geotechnical engineer, it was determined that a proactive soil stabilization procedure was required. This resulted in a significant change order to the project. However, it must be noted because of Willdan's team’s effort to be proactive in the identification and resolution of this issue, the magnitude of the change order was greatly reduced.
Effective Construction Management
Willdan's team was faced with a project
where the owner wanted to convert an
existing facility into other usage. The
owner wanted the design and
construction of the 60,000-square-foot
conversion to be completed within six
months.
Willdan's team honestly informed the
owner that a six-month schedule was not
possible, and a normal schedule of 12 to
15 months would be required. Willdan's
team devised and presented a plan to
break the project into six construction
packages that would be achieved within a
nine-month schedule. The owner gladly
accepted this plan.
This is an example of how effective
construction management and Willdan's
tactful, out-of-the-box planning overcame
a project schedule hurdle.
A-6 CC Agreement No. 2024-20
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved January 2018 B-1
EXHIBIT B
KEY PERSONNEL & COMPENSATION
1. Consultant’s designated representative(s) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement is Michael Bustos.
2. Total compensation under this Agreement, including reimbursement for actual expenses, may not exceed: $ 400,000. Willdan will provide separate pricing for each individual project as instructed by the City Fleet and Facilities Manager.
FEE SCHEDULE – ALSO SEE FOLLOWING PAGE FOR ADDITIONAL PERSONNEL RATES, NOT LISTED BELOW. THE RATES BELOW REPLACE THE RATES IN B-2 FOR THE DESIGNATED TITLE/POSITIONS.
KEY PERSONNEL:
Name Title/Position Rate (Per Hour)
Michael Bustos Project Manager $214 per hr.
Joe Putrino Construction Manager $160 per hr.
Mario Cisneros Asst. Construction Manager $138 per hr.
Brent Jablonowski Public Works Observer/ Special
Inspector
$137 per hr.
CC Agreement No. 2024-20
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
WILLDAN ENGINEERING
Schedule of Hourly Rates
Effective July 1, 2023 to June 30, 2024
** For Non-Prevailing Wage Project *** For Prevailing Wage Project M
ileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation.
Additional billing classifications may be added to th e above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2023 thru June 30, 2024, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations.
Re
v V02 05.12.2023
DESIGN ENGINEERING
Technical Aide I $77
Technical Aide II $100
Technical Aide III $120
CAD Operator I $126
CAD Operator II $146
CAD Operator III $162
GIS Analyst I $164
GIS Analyst II $180
GIS Analyst III $191
Environmental Analyst I $140
Environmental Analyst II $157
Environmental Analyst III $166
Environmental Specialist $180
Designer I $168
Designer II $174
Senior Designer I $184
Senior Designer II $193
Design Manager $191
Senior Design Manager $198
Project Manager I $177
Project Manager II $197
Project Manager III $207
Project Manager IV $223
Principal Project Manager $227
Program Manager I $197
Program Manager II $209
Program Manager III $228
Assistant Engineer I $137
Assistant Engineer II $153
Assistant Engineer III $161
Assistant Engineer IV $170
Associate Engineer I $179
Associate Engineer II $186
Associate Engineer III $190
Senior Engineer I $194
Senior Engineer II $198
Senior Engineer III $201
Senior Engineer IV $204
Supervising Engineer $209
Traffic Engineer I $209
Traffic Engineer II $223
City Engineer I $223
City Engineer II $227
Deputy Director $231
Director $237
Principal Engineer $257
BUILDING AND SAFETY
Assistant Code Enforcement Officer $103
Code Enforcement Officer $118
Senior Code Enforcement Officer $139
Supervisor Code Enforcement $168
Plans Examiner Aide $110
Plans Examiner $168
Senior Plans Examiner $184
Assistant Construction Permit Specialist $118
Construction Permit Specialist $124
Senior Construction Permit Specialist $146
Supervising Construction Permit
Specialist
$154
Assistant Building Inspector $139
Building Inspector $154
Senior Building Inspector $168
Supervising Building Inspector $184
Inspector of Record $196
Deputy Building Official $196
Building Official $198
Plan Check Engineer $192
Supervising Plan Check Engineer $194
Principal Project Manager $227
Deputy Director $231
Director $237
PLANNING
CDBG Technician $82
CDBG Specialists $98
CDBG Analyst $116
CDBG Coordinator $144
CDBG Manager $174
Housing Programs Coordinator $144
Planning Technician $123
Assistant Planner $154
Associate Planner $168
Senior Planner $191
Principal Planner $198
Planning Manager $211
Deputy Director $231
Director $237
ADMINISTRATIVE
Administrative Assistant I $83
Administrative Assistant II $114
Administrative Assistant III $133
Project Accountant I $107
Project Accountant II $125
Project Controller I $133
Project Controller II $150
CONSTRUCTION MANAGEMENT
Labor Compliance Specialist $139
Labor Compliance Manager $174
Utility Coordinator $167
Office Engineer I $138
Office Engineer II $159
Assistant Construction Manager $152
Construction Manager $160
Senior Construction Manager $191
Resident Engineer I $198
Resident Engineer II $206
Project Manager IV $223
Deputy Director $214
Director $237
INSPECTION SERVICES
Public Works Observer ** $125
Public Works Observer *** $137
Senior Public Works Observer** $136
Senior Public Works Observer *** $137
MAPPING AND EXPERT SERVICES
Survey Analyst I $143
Survey Analyst II $164
Senior Survey Analyst $187
Supervisor - Survey & Mapping $197
Principal Project Manager $227
LANDSCAPE ARCHITECTURE
Assistant Landscape Architect $146
Associate Landscape Architect $168
Senior Landscape Architect $184
Principal Landscape Architect $195
Principal Project Manager $227
B-2 CC Agreement No. 2024-20
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 C-1
EXHIBIT C
INSURANCE
1. Required Insurance . Before commencing any services, Consultant must procure and maintain in full force and effect during the term of this Agreement the following types of insurance with at least the minimum coverage listed and subject to the applicable additional requirements set forth below:
Type of Insurance Lim its (combined single)
Commercial General Liability $2,000,000 / $4,000,000 Aggregate Business Automobile Liability $1,000,000
Workers’ Compensation Statutory Requirements
Professional Liability $2,000,000
2. Insurance Rating. All insurance required to be maintained by Consultant must be issued by companies licensed by or admitted to conduct insurance business in the State of California by the California Department of Insurance and must have a rating of A- or better and Financial Size Category Class VII or better by the latest edition of A.M. Best’s Key Rating Guide, unless otherwise approved by City’s legal counsel.
3. Commercial General Liability Insurance. The commercial general liability insurance must meet or exceed the requirements of Insurance Services Office (ISO) form CG 00 01, and must be provided on a per occurrence basis for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. The insurance must be on an “occurrence” not a “claims made” basis. Defense costs must be paid in addition to limits. There must be no cross -liability exclusion for claims or suits by one insured against another. The insurance must include a waiver of subrogation applicable to the insurance or self -insurance, a primary and non- contributory endorsement, and an additional insured endorsement, all in favor of the City, its officers, employees and agents, and volunteers. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
4. Business Automobile Insurance. The business automobile insurance coverage must be at least as broad as ISO Business Auto Coverage form CA 00 01, covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount stated above per combined single limit for each accident. Such insurance must include both a waiver of subrogation applicable to the insurance or self-insurance, and a primary and non-contributory endorsement, both in favor of the City, its officers, employees, agents, and volunteers.
5. Workers’ Compensation. If Consultant has any employees, Consultant must maintain workers’ compensation insurance (statutory limits) and employer’s liability insurance (with limits of at least $1,000,000). Such insurance must include a waiver of subrogation endorsement in favor of City, its officers, employees, agents, and volunteers.
6. Professional Liability (Errors & Omissions) Insurance. The professional liability insurance must cover the services to be performed under this Agreement. The coverage must be provided on a “claims made” basis. Consultant must maintain continuous coverage CC Agreement No. 2024-20
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 C-2
through a period not less than three years after the completion of the services required under this Agreement.
7. Umbrella or Excess Liability Insurance. If an excess or umbrella liability policy is used to meet minimum limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella or excess liability policy must include a “drop-down provision” requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason. Coverage must be provided on a “pay-on- behalf” basis, with defense costs payable in addition to policy limits. There may be no cross- liability exclusion precluding coverage for claims or suits by one insured against another.
The policy must “follow form” to the underlying primary policy. Coverage must be applicable to all insureds under the primary policies. The insurance must contain or be endorsed to contain a waiver of subrogation applicable to the insurance or self-insurance, and a primary and non-contributory endorsement for the benefit of City. The scope of coverage provided is subject to approval of City following receipt of the required proof of insurance.
8. Deductibles and Self -Insured Retention . Any deductibles or self -insured retentions applicable to the insurance policies required under this Agreement must be declared to and approved by City. In no event may any required insurance policy have a deductible, self - insured retention, or other similar policy provision in excess of $50,000 without prior written approval by City in its sole discretion. At the option of City, either the insurer will reduce or eliminate such deductibles or self -insured retentions with respect to the City’s additional insureds or Consultant will procure a bond guaranteeing payment of any losses, damages, expenses, costs, or settlements up to the amount of such deductibles or self- insured retentions.
9. Certificates of Insurance and Endorsements; Notice of Termination or Changes to Policies. Prior to commencing any services under this Agreement, Consultant must file with the City certificates of insurance and endorsements evidencing the existence of all insurance required by this Agreement , along with such other evidence of insurance or certified copies of policies as may reasonably be required by City. These certificates of insurance and endorsements must be in a form approved by the City’s legal counsel.
Consultant must maintain current certificates and endorsements on file with City during t he
te
rm of this Agreement reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination or cancellation of the required coverage, will be effective except upon 30 days’ prior written notice to City by certified mail, return receipt requested (except for nonpayment for which a 10-day notice is required). The delivery to City of any certificates of insurance or endorsements that do not comply with the requirements of this Agreement will not waive the City’s right to require compliance. In the event that Consultant’s policies are materially changed, Consultant must provide the City with at least 30 days’ prior written notice of the applicable changes. City reserves the right to require complete, certified copies of all required insurance policies at any time.
10. Failure to Maintain Required Insurance . If Consultant, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, the City may, but is not obligated to, obtain such coverage at Consultant’s expense, and deduct the cost from the sums due Consultant. Alternatively, City may terminate the Agreement.
CC Agreement No. 2024-20
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
Form Approved April 2021 C-3
11. Effect of Coverage . The existence of the required insurance coverage under this Agreement will not be deemed to satisfy or limit Consultant’s indemnity obligations under this Agreement. Consultant acknowledges that the insurance coverage and policy limits set forth in this Agreement constitute the minimum coverage and policy limits required. Should any coverage carried by the Consultant, or any subcontractor of any tier have limits of liability that exceed the limits or have broader coverage than required in this Agreement, those higher limits and that broader coverage are deemed to apply for the benefit of any person or organization included as an additional insured and those limits and broader coverage will become the required minimum limits and insurance coverage in all sections of this Agreement. Any insurance proceeds available to City in excess of the limits and coverages required by this Agreement, and which is applicable to a given loss, must be made available t
o City to compensate it for such losses.
12. Required Insurance for Subconsultants/Subcontractors. Consultant agrees to ensure that any subconsultants/subcontractors providing services under this Agreement provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to review and monitor all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.
13. Right to Revise Insurance Specifications. City reserves the right to change the amounts and types of insurance required by giving Consultant at least 90 days advance written notice of such change. If such change results in substantial additional cost to Consultant, the parties may renegotiate Consultant’s compensation.
14. Timely Notice of Claims. Consultant must give City prompt notice of claims made of lawsuits initiated that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability insurance policies.
CC Agreement No. 2024-20
Doc ID: 1a3a555d5c6f208c23ce588de2993907462064a3
City of Camarillo Agreement 2024-20 with Willdan Engineering 2_-_2024-20_PSA__Willdan.pdf
1a3a555d5c6f208c23ce588de2993907462064a3
MM / DD / YYYY
Signed
03 / 27 / 2024
16:11:07 UTC
Sent for signature to Vanessa Munoz ([email protected]) and Kate Nguyen ([email protected]) from
[email protected]
IP: 47.176.217.204
03 / 27 / 2024
16:49:44 UTC
Viewed by Vanessa Munoz ([email protected])
IP: 168.151.216.52
03 / 27 / 2024
16:50:37 UTC
Signed by Vanessa Munoz ([email protected])
IP: 137.83.224.213
03 / 27 / 2024
16:52:16 UTC
Viewed by Kate Nguyen ([email protected])
IP: 152.39.191.167
03 / 27 / 2024
16:52:58 UTC
Signed by Kate Nguyen ([email protected])
IP: 4.16.203.228
The document has been completed.
03 / 27 / 2024
16:52:58 UTC