Agenda Item No. 7
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: November 12, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Erin Wiggin, CIP Manager
SUBJECT: Construction Management Services for Ramona Garden Park Improvement Project Phases 1 and 2
RECOMMENDATION
Approve an agreement with Willdan in the amount of $456,023 for construction management services associated with the CIP 1259 – Ramona Garden Park Improvement Project Phases 1 and 2 and authorize the Mayor to execute the agreement on behalf of the City.
BACKGROUND
Ramona Garden Park is a two-acre park bounded by 9th and 10th streets to the west and the east and Ramona Avenue and Brighton Avenue to the south and north. It is a multi-use facility that is the focal point for many events in Grover Beach such as the Stone Soup Music Festival, Summer Concert Series, Halloween activities, City tree lighting ceremony and Santa’s Workshop.
Phases 1 and 2 for the project includes a playground at the north side of the park along with a new restroom building, an amphitheater and a bandshell with funding for the project coming from Community Development Block Grant (CDBG) funds.
The Public Works Department requested proposals for Construction Management services for CIP 1259 Ramona Garden Park Phases 1 and 2 from a list of qualified consultants that Council previously approved on May 24, 2021. A construction manager provides the direct, day-to-day link between a contractor and City staff on City projects. The construction manager assures the project is constructed in accordance with the approved plans, provides a constructability review prior to the project bidding, records daily construction activities, monitors daily construction progress, and administers and evaluates pay requests and changes in work, while also working directly with the contractor and project manager to resolve disputes.
The City received proposals from Wallace Group, Willdan, and Cannon Corporation. Based on staff’s evaluation, Willdan identified a level of resources, direct and relevant previous project experience, and an understanding of this project that best demonstrated the level of competency and professional qualifications needed for this project. Therefore, staff recommends the City enter into a contract agreement with Willdan. Based on staff’s research and evaluation, Willdan’s estimated cost of services of $456,023 is realistic to the level of service requested by the City and relative to the estimated construction cost of $3,300,000 (approximately 14%).
FISCAL IMPACT
The City has secured a $3.3 million award through the Community Development Block Grant program for this project with a total projected cost of approximately $3.76 million. The project has Staff Report: Construction Management for Ramona Park Improvement Project Phases 1 & 2 Page 2 November 12, 2024
an estimated funding shortfall to fully fund this project as shared previously with the Council in the amount of approximately $450,000. While General Fund reserves can be used initially to offset this funding gap, staff is working on a community giving effort to enable the community to support this transformative project for Ramona Park and help close this gap. Additional information about this effort will be shared at the December 9, 2024 Council meeting.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve an agreement with Willdan, in the amount of $456,023, for construction management services associated with the CIP 1259 – Ramona Garden Park Project Phases 1 and 2, and authorize the Mayor to execute the agreement on behalf of the City; or
2. Provide direction to staff to seek the services of other consultants to provide construction management services; or
3. Provide staff with alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Agreement
AGREEMENT
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL SERVICES
CIP 1259 RAMONA GARDEN PARK PHASE 1 & 2
THIS AGREEMENT is made and entered into effective the 12th day of November, 2024 by and between the CITY OF GROVER BEACH, a California municipal corporation (hereinafter referred to as "CITY"), and WILLDAN ENGINEERING (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, CITY desires to obtain professional services for the RAMONA GARDEN PARK PROJECT PHASES 1 & 2 CIP 1259, more specifically identified in the Proposal, Scope of Work and Fee Schedule, jointly attached as “Exhibit A” to this Agreement, herein referred to as the PROJECT; and WHEREAS, CONSULTANT is engaged in the business of Construction Management and Materials Testing and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which CONSULTANT shall provide professional services, to be paid by the City of Grover Beach; and WHEREAS, this Agreement will be administered for CITY by the Director of Public Works, hereinafter referred to as DIRECTOR or his/her designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
ARTICLE I. SCOPE OF SERVICES
CONSULTANT shall complete said PROJECT described herein and more fully described in Exhibit A, and in accordance with local, State and Federal laws. This shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A.
ARTICLE II. COMPENSATION AND PAYMENT
A. CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be performed on a not to exceed basis of $456,023.
B. CONSULTANT shall invoice CITY on a monthly basis, via detailed statement, which will be processed and payable in the normal course of CITY business, typically within 30 days of receipt of an invoice unless otherwise identified in this Agreement.
C. The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT’S compensation. Any change in the scope of services must be made by written Contract Amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written Contract Amendment.
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D. At any time prior to issuance of final payment, the CITY may conduct a cost audit of CONSULTANT’S invoices/statements. Any payment may be reduced by amounts found by CITY not to constitute allowable costs and/or adjusted for prior overpayments or underpayments. Upon CONSULTANT’S compliance with all terms of this Agreement, City shall promptly pay any balance of allowable costs.
ARTICLE III. TERMINATION, REMEDIES, FORCE MAJEURE AND CONSOLIDATION OF DISPUTES A. This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of:
(i) CONSULTANT’S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) Seven (7) calendar days written notice, with or without cause, by either the CITY or CONSULTANT;
(iii) Expiration of this Agreement.
B. Upon any termination or expiration of this Agreement, CONSULTANT shall (i) Immediately stop all work hereunder;
(ii) Immediately cause any and all of its subcontractors to cease work; and (iii) Return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.
C. In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY’S damages caused by such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach.
D. Upon any breach of this Agreement by CONSULTANT, CITY may:
(i) Exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) Proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) Recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
E. CONSULTANT shall provide CITY with adequate written assurances of future performance, upon the request of the Director or his/her designee, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement.
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F. CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify the Director or his/her designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or his/her designee of the cessation of such occurrence.
G. CONSULTANT agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity or statute) may, at CITY’S option, be joined and consolidated with any other dispute or disputes arising from or relating to the PROJECT so that all disputes arising from or relating to the PROJECT may be resolved in a single proceeding. CONSULTANT hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision.
ARTICLE IV. CONFIDENTIAL INFORMATION, OWNERSHIP OF DOCUMENTS AND COPYRIGHT LICENSE A. Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information developed pursuant to this Agreement, disclosed or submitted, orally, in writing, or by any other medium or media, (otherwise referred to as “work”). All Confidential Information shall be and remain confidential and proprietary in CITY.
B. CONSULTANT shall not reproduce (such as photographs and prints), duplicate, distribute reproductions, or incorporate into any trademark or service mark, the work without the prior written consent of CITY.
Any rights of the CONSULTANT in the work terminate upon the death of such CONSULTANT and do not extend to such CONSULTANT’S heirs, successors or assigns.
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C. Title to the work shall pass to CITY upon final acceptance by CITY. CITY reserves the right to donate, transfer or sell the work or any portion thereof. CITY shall have the exclusive right to publicly display the work and shall have a license to reproduce (such as photographs and prints) or create three-dimensional reproductions of the work for any noncommercial purpose (including, but not limited to, books, slides, postcards, film, Internet sites, reproductions for advertising, and other media). Prior to public display, the CITY shall consider the sensitive nature and potential security risk of releasing the information to the general public. Such reproductions shall contain if legally necessary a copyright notice. Reproductions for commercial purposes are only to be made with the mutual written consent of CONSULTANT and CITY.
All references and reproductions or adaptations of the work will credit the work to the CONSULTANT unless CONSULTANT requests to the contrary. CITY reserves the right to modify, remove and/or relocate the work at any time, and after consultation with CONSULTANT, shall have the right to determine when and if modifications, repairs and/or restorations are needed. If City makes modifications, repairs or restoration not approved by the CONSULTANT, the CONSULTANT shall have the right to sever its association with the work. CONSULTANT agrees to give CITY written notice prior to asserting any claim pertaining to the work, and CITY shall have not less than 90 days from the date of receipt of claim to cure any such claim. CITY may incorporate the work into any trademark or service mark to be utilized by City to register the same in accordance with Federal, state or local law.
D. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Article (IV).
This Article (IV) shall survive expiration or termination of this Agreement.
ARTICLE V. PROFESSIONAL SKILL
It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards.
ARTICLE VI. INDEMNIFICATION AND DEFENSE
A. Indemnification and Defense for Professional Services: To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’S duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’S proportionate percentage of fault.
CONSULTANT’S percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’S percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’S proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
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B. For All Other Liabilities: Notwithstanding the foregoing and without diminishing any rights of CITY under this Article (V), for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY.
C. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This Article (VI) shall survive termination or expiration of this Agreement.
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ARTICLE VII. INSURANCE
A. Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either:
(i) Admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide; or (ii) As may be authorized in writing by CITY'S Administrative Services Director, or his/her successor, or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein.
B. If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this Article (VII) shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
C. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
D. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers.
ARTICLE VIII. CONFLICT OF INTEREST AND NON-SOLICITATION A. Prior to CITY’S execution of this Agreement, CONSULTANT shall complete a City of Grover Beach Conflict of Interest Disclosure Statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement.
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B. CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) Professional canons and requirements governing avoidance of impermissible client conflicts; and
(ii) Federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.).
At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing.
C. In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
D. CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
E. Neither CONSULTANT, nor any of CONSULTANT’S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing.
F. If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Article in each subcontract and require its subcontractors to comply therewith.
This Article (VIII) shall survive termination or expiration of this Agreement.
ARTICLE IX. GENERAL TERMS
A. Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee.
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B. Records of CONSULTANT’S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Article 10(B) shall survive expiration or termination of this Agreement.
C. Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). CONSULTANT and any subcontractors shall agree to obtain any local licensing or certifications necessary to perform services within the City, including but not limited to City Business Tax Certificates. If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
ARTICLE X. NONDISCRIMINATION
To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows:
A. CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
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B. CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT’S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
C. CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
D. CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT’S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
E. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Article (X).
ARTICLE XI. INDEPENDENT CONTRACTOR
A. In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venture, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
B. This Agreement is not evidence of a partnership or joint venture between CONSULTANT and CITY.
CONSULTANT shall have no authority to bind CITY absent CITY’S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof.
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C. Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation:
(i) Compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and
(ii) Any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement.
ARTICLE XII. NOTICES
All notices, including notices of address changes, required to be sent hereunder shall be in writing and shall be deemed to have been given when mailed to the addresses listed below:
A. CITY: City of Grover Beach, Gregory A. Ray, Director of Public Works/City Engineer, 154 South Eighth Street, Grover Beach, CA 93433
B. CONSULTANT: Willdan Engineering, Vanessa Munoz, President, 374 Poli Street, Suite 101, Ventura CA 93001-2605
ARTICLE XIII. BINDING
Subject to Article XII, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.
ARTICLE XIV. ASSIGNMENT
A. This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the Grover Beach City Council. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved by the Grover Beach City Council.
B. CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT.
ARTICLE XV. COMPLIANCE THE LAW
In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
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ARTICLE XVI. WAIVER
The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
ARTICLE XVII. GOVERNING LAW AND VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be San Luis Obispo County, California.
ARTICLE XVIII. HEADINGS
The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.
ARTICLE XIX. SEVERABILITY
The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.
ARTICLE XX. INTERPRETATION
The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
ARTICLE XXI. ATTORNEY’S FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
ARTICLE XXII. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement
ARTICLE XXIII. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.
ARTICLE XXIV. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
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ARTICLE XXV. NO THIRD-PARTY BENEFICIARIES
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
ARTICLE XXVI. EXTENT OF AGREEMENT
Each party acknowledges that they have read and fully understand the contents of this Agreement and any documents issued that resulted in selection of CONSULTANT for entry into this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT.
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2
AGREEMENT SIGNATURES
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL CONSULTANT SERVICES
CIP 1259 RAMONA GARDEN PARK PHASE 1 & 2
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first written above.
CITY OF GROVER BEACH
Karen Bright, Mayor Date
Attest:
Wendi Sims, City Clerk Date
Approved as to Form:
Robert Lomeli, City Attorney Date
WILLDAN ENGINEERING
Vanessa Munoz, President Date
Attachments:
1. Exhibit A - Scope of Services and Fee Schedule
2. Exhibit B - Insurance Requirements
3. Exhibit C - Disclosure of Conflict of Interest
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2 11/4/2024
11/7/2024
EXHIBIT A
PROFESSIONAL CONSULTANT SERVICES
CONSULTANT SCOPE OF WORK AND FEE SCHEDULE
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2 Proposal for Construction Management Services
CIP 1259 Ramona Garden Park Phase 1 and 2 7
14. CDBG COMPLIANCE Willdan’s Construction Manager will ensure that all required forms are completed, signed, and submitted by the Contractor, as well as posting of federal posters on the job site and conducting equal opportunity employment interviews throughout the course of construction.
15. CONTRACT
ADMINISTRATION
All Document Control Procedures established by the City will be followed. Both hard and electronic copies of all documents, including correspondence, contract drawings, submittals, standard forms, report, and submittal logs will be kept current during the project and will be delivered to the City as final project documentation.
16. PROJECT
CLOSEOUT
Manage all post‐construction activities, including, punch list development and oversight, management of final payment estimate applications, collection of as‐built drawings and submittal to the City, collection of all warranty certificates and submittal to the City, and assist the City in the project closeout with the contractor.
Scope of Work
Scope of Work Willdan’s Tasks
Project Management 1. Serve as primary contact for the City of Grover Beach regarding contract performance and delivery of professional services.
2. Prepare and submit monthly invoices.
3. Provide coordination of Willdan’s Team, including subconsultants, to ensure that all relevant and needed files are provided.
4. Schedule and lead kickoff meeting with City and Willdan Team to fully clarify critical elements of the project. We will prepare a discussion agenda that focuses on the project understanding (overview), project constraints, project progress, and team member involvement. This meeting will also include a review of background information provided by the City and project scope, schedule, objectives, milestones, and details.
5. Distribute assignments to Team members.
6. Provide Willdan staff with office supplies, tools, equipment, and copies of plans necessary to perform the requested review services.
7. Coordinate and monitor assignments and activities.
8. Perform quality control review of all deliverables prior to submission to the City.
Design Phase
(Pre-Bid Phase)
1. Conduct a thorough review of the construction plans, specifications, and estimate at the 95% design milestone.
2. Verify that contract documents are well coordinated and reviewed for errors.
3. Verify that designs are in conformance with City of Grover Beach Design standards and requirements.
4. Verify potential utility conflicts and identify items requiring coordination with third party utility agencies.
5. Provide a thorough review of the construction sequence necessary to complete the improvements included in the construction contract.
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2 Proposal for Construction Management Services
CIP 1259 Ramona Garden Park Phase 1 and 2 8
6. Evaluate and make recommendations regarding construction phasing, milestones, construction duration, liquidated damages amount, budget, contingency, and contracting mechanism.
7. Identify, to the extent known, potential construction deficiencies and areas of concern.
8. Check cross referencing of plan sheets, details, etc. across various plan sheets.
9. Verify proper coordination amongst plan sheets for different disciplines.
10. Prepare and submit an itemized list of comments, findings, and outline recommendations to reconcile issues discovered and generally to expedite the project.
11. Identifying conflicts or inconsistencies amongst the construction documents, i.e., conflicts between drawings and specifications, between drawings, or between spec sections.
Bidding Phase
(If needed)
1. Assist the City with responses to bidders questions.
2. Review the three lowest bids.
3. Verify eligibility of the apparent low bidder and its subcontractors to receive contract awards by confirming current, active license status with the State of California Contractors License Board and non-appearance on the Federal List of Parties Excluded (debarment list).
4. Check references of lowest, responsive bidder.
5. Document any irregularities in the bids.
6. Verify the low bidder's qualifications.
7. Prepare the bid summary.
8. Prepare a recommendation of contract award.
Preconstruction
Services
1. Review project plans and contract documents.
2. Provide a written technical memorandum that identifies any concerns of risk to the City, or any design related risk that should be addressed before construction begins.
3. Review questions with City’s project manager and project engineer/architect.
4. Review bid form pay quantities.
5. Review City-provided Resident Engineer’s (RE) Binder and become familiar with the contents of the RE Binder.
6. Prepare and maintain project file system.
7. Become familiar with applicable standard specifications, standard drawings, and details.
8. Note critical items and unusual conditions.
9. Walk the project site and photograph and video the work area and site conditions prior to start of construction.
10. Verify coordination needed for City crews and outside utility companies.
11. Meet with City staff and project manager prior to pre-construction conference.
12. Distribute City-designed and procured door-hangers to all residence along the route of construction.
13. Participate in a neighborhood “corner meeting,” typically held after 5:30 p.m., to present to the attendees the upcoming work, and be a point of contact for the residents affected by the work. The meeting will be scheduled in coordination with City staff, and invite Contractor, Design Consultant, required City staff, utility Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2 Proposal for Construction Management Services
CIP 1259 Ramona Garden Park Phase 1 and 2 9
companies and regulatory agencies. The meeting will be scheduled for two hours to occur within City Council Chambers at 154 South 8th Street.
14. Schedule the preconstruction meeting in coordination with City staff, and will invite contractor, design consultant, required City staff, utility companies and regulating agencies.
15. Organize and conduct the pre-construction meeting. Meet with the City’s Engineering Project Manager to review the draft meeting agenda. Incorporate any comments into the agenda before distribution. The meeting will be scheduled for two hours to occur within City Council Chambers at 154 South 8th Street. a. Provide a sign in sheet for all attendees
b. Keep meeting minutes that show subjects discussed, direction given and response received.
c. Present and/or review the City’s Notice to Proceed (NTP). Verify and/or discuss modificationsto the start-date of construction as presented within the NTP.
d. Document items submitted by the contractor such as: the emergency response sheet, baseline schedule,submittals, and otheritems of importance.
e. Confirm the authority and responsibility of all partiesinvolved. f. Address the concerns and needs of affected utilitycompanies. g. Discuss unusual working conditions and permitrequirements. h. Verify that the contractor will give proper notification to the residents and businesses of the start date of construction and what kind of work is being performed.
i. Emphasize the importance of notifications from the Contactor to the public and when and how information is distributed to the public, and just as importantly, what not to do in distribution ofinformation. j. City staff assigned to the project will attend to answer any unusual questions.
16. Prepare and distribute pre-construction meeting minutes.
17. Review the baseline schedule submitted by the Contractor and accept when satisfactory and prior to the start of construction.
18. Log and review submittals and shop drawings as needed. Route submittals as needed for project engineer/architect’s approval.
19. Document any approved changes to the scheduled start date with a change order.
Construction
Management
1. Assist City with public awareness and information program to keep residents and local stakeholders informed of project status along with impacts to traffic flow circulation, including answering public’s questions about project.
2. Prepare construction file. A copy of Willdan’s file checklist can be provided upon request.
3. Review contractor’s safety program in consultation with City staff.
4. Through Willdan’s system of project control, monitor activities related to project such that project is constructed in timely fashion pursuant to contract documents.
5. Log, track, and process submittals, RFIs, releases for construction (RFCs), contract change orders (CCOs), field directives, notices of proposed change (NOPCs), nonconformance reports (NCRs), construction schedule, and detailed traffic control plan.
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2 Proposal for Construction Management Services
CIP 1259 Ramona Garden Park Phase 1 and 2 10
6. Log and review submittals and shop drawings as needed. Route submittals as needed for project engineer/architect’s approval to allow for responses within the specified turnaround time.
7. Log and route RFIs. Answer field-related RFIs to the extent possible.
8. Prepare RFI responses or potential solutions for the City’s review.
9. Manage the RFI process to provide responses to RFIs within the turn- around time specified in the contract documents to the extent possible.
10. Closely review schedule and advise contractor to take action on schedule slippage.
11. Receive and review contractor’s look ahead schedule (two- or three-week look ahead) and provide a narrative to the City for use in updating the project’s social media site. The City will provide a template in Word for use in developing the weekly update. Compare the progress of work with the baseline or progress schedules, and issue nonconforming reports if unapproved slippages occur.
12. Review project progress, proposed change orders and notification to the project with the design engineer via the city project manager.
13. Prepare weekly statement of working days and submit to contractor and City.
14. Prepare correspondence necessary to maintain control over the construction contract.
15. Establish and conduct weekly construction progress meetings to:
Resolve all old business issues to maximum extent possible Address all items of new business as presented by any party Review project schedule and address any deviations
Review submittal log in terms of items needed and resubmittals required and review RFI, RFC, CCO, NCR, and NOPC logs
List status of construction items recently undertaken or ongoing List planned construction items for next two weeks (two-week look ahead schedule)
Review SWPPP issues
Review contractor’s safety program
16. Prepare minutes for weekly construction progress meeting.
17. Notify City contact in writing within 24-hours at any point in the project when a dispute arises, an unknown condition is discovered, or at any time the contractor believes extra work / change order work is warranted.
18. Monitor and coordinate activities of design engineering support, surveying, testing, and work by utilities or other agencies.
19. Conduct special site meetings, when necessary, with contractor and City staff to review job progress, scheduling, and coordination.
20. Assist in coordinating contractor’s field work with utility companies and other agencies.
21. Notify contractor of any unacceptable condition or workmanship. Document approved changes.
22. Notify City contact in writing in a timely manner when a dispute arises, an unknown condition is discovered, or at any time the contractor believes extra work / change order work is warranted.
23. Document conversations that could be significant in the event a claim or dispute.
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2 Proposal for Construction Management Services
CIP 1259 Ramona Garden Park Phase 1 and 2 11
24. Negotiate and prepare change orders, including memorandum of explanation and cost estimates, to substantiate change order and send to City for review.
25. Maintain all data for change orders and record information with regard to time of dispute, time of notification by contractor, and action taken by inspector.
26. Prepare and route Change Orders on the city’s form, as required, and in a timely manner. Evaluate the merit of proposed change orders and provide justification of recommendation to the City.
27. Monitor and perform immediate and thorough analysis of validity of all potential claims that arise.
28. Require Contractor to follow proper procedures for substitution of subcontractors.
29. Document contractor’s 20-day notices, mechanic’s liens, and stop notices.
30. Review for approval contractor’s progress payment requests; negotiate differences over amount with contractor; and process payments through City's Project Manager. Verify that Contractor is maintaining an accurate and ongoing set of Record Drawings as a condition of payment approval.
31. Routinely review construction files to ensure conformance to City standards and good construction management practices.
Construction
Inspection
1. Review plans, specifications, and all other contract- and construction-related documents.
2. Conduct a field investigation of the project area to become familiar with the existing facilities and the project environment.
3. Become familiar with traffic control plans, construction schedule, construction sequence, and permit requirements from other agencies.
4. Photograph continuous property frontages along the street alignment once prior to construction and once immediately following construction. Maintain a photographic record of key elements of each major operation of work each day, with increased detail in situations of potential changes or claims.
5. Provide full-time and as-needed construction inspection of the work to monitor materials and methods for compliance with plans, specifications, and contract documents; and address and document non-conforming items as they are discovered.
6. Maintain an open and effective working and professional level of communication with the contractor.
7. Meet with the contractor at the beginning of each day and review the proposed work plan, including specific details that may affect progress.
8. Review schedule, plans, and specifications for upcoming work, to keep ahead of the contractor and the workflow. Advise Contractor that any questions shall be presented by the contractor as an RFI.
9. Daily: document manpower, equipment and materials used on site, separate activities, hours, and resources by pay item. Document Inspector arrival/departure time from site.
10. Maintain a daily diary of craft of workers, equipment, operations, and hours spent on each item. Send these weekly to the city.
11. Note approval or rejection of material and work. Any rejected work shall be documented by a Nonconformance Report issued to the Contractor and copied to the City’s project manager.
12. Respond to basic public inquires. Refer more complicated inquires to appropriate City staff. The City will provide a template hand-out that field personnel (CM and Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2 Proposal for Construction Management Services
CIP 1259 Ramona Garden Park Phase 1 and 2 12
construction staff) will use to hand to members of the public who approach crews and ask questions. This hand-out will advise the public to contact a person at City Hall so that there is a single point-of-contact who can field questions and provide answers.
13. Monitor the construction activities to ensure the project is built as designed and specified.
14. Check site safety, signage, and contractor’s traffic control, and document findings.
Immediately notify the contractor of any nonconforming situations. Although Willdan will monitor the activities, it is the contractor’s sole responsibility to provide workers with a safe working environment.
15. Check for public safety and compliance to the approved traffic control plan, and document findings. Immediately notify the contractor of any nonconforming situations. Although Willdan will monitor the activities, it is the contractor’s sole responsibility to provide workers with a safe working environment.
16. Monitor compliance of Poster boards, DBE requirements and EEO notifications.
17. Monitor compliance with the Clean Air Act and the Clean Water Act (National Pollutant Discharge Elimination System – NPDES best management practices). Also, monitor the contractor’s compliance with approved SWPPP.
18. Verify compliance of Underground Service Alert notification/delineation.
19. Evaluate the contractor’s operation and production with respect to quality and progress and report to the construction manager.
20. Verify layout, operations, and intent of work with the contractor.
21. Examine all material to be used for contract compliance and document findings.
Issue a written Nonconforming Report for any rejected materials and direct Contractor to have it removed from the job.
22. Notify contractor of any unacceptable condition or workmanship. Document approved changes.
23. Document delays, including the cause and time of day. Keep accurate record of any work delays, including construction manager personnel and equipment, city personnel and equipment, and contractor personnel and equipment. Any contractor-caused work delays beyond normal work hours are eligible for backcharge/withhold from the contractor’s payment application.
24. Maintain records of disputed work
25. Document the approved Force Account work on the appropriate forms daily.
26. Track time for the management of any nonconforming work, as such inspection services are subject to backcharge/withhold from contractor’s payment applications.
27. Make reasonable attempts to obtain agreement and sign-off of the job supervisor of the documented operation performed with written reservation to the validity of the claim.
28. Review the plans and specifications for legitimacy of contractors claim and present a specific written report documenting this review and a formal signed and dated recommendation for the City to consider. No extra work requests will be processed without this independent analysis and report recommendation
29. Discuss with city project manager to minimize impacts if the city is liable.
30. Note statements of concern made by the contractor in daily inspection report.
31. Conduct an ongoing evaluation of operations and materials used.
32. Monitor the subcontractors used on the project for compliance with the contractors’ listing requirements.
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2 Proposal for Construction Management Services
CIP 1259 Ramona Garden Park Phase 1 and 2 13
33. At the end of each month, measure all work performed during the month, using the pay items.
34. Maintain backup documentation such as delivery tickets and tonnage slips.
35. Provide complete measurements and calculations documentation to administer progress payments.
36. Attend weekly progress meetings with the construction manager, contractor, and subcontractors.
37. Assist in coordination of engineering support, surveying, specialty inspections, and fieldwork by utility companies.
38. Coordinate with Contractor and utility companies to assist in the identification of unknown utilities and possible relocation of interfering structures or lines.
39. Closely monitor testing results and require the contractor to provide corrective measures to achieve compliance.
40. Maintain copies of all permits needed to construct the projects and enforce special requirements of each.
41. Maintain and submit a clean set of plans marked in red for as-built corrections on record drawings to be filed with the City.
Material Testing/
Special Inspection
Earth Systems’ proposed scope of work for Ramona Garden Park phases 1 and 2 includes special inspection and material testing during site grading, utility construction, pedestrian, and landscape improvements, as well as special inspection and testing during construction of the planned site structures, which includes a new playground, prefabricated restroom, and kiosk building. They will also assist the construction manager with geotechnical engineering insight and review of necessary submittals for compliance with the project specifications, including helping to review material submittals, as applicable to the final design.
Earth Systems will provide geotechnical inspection services during earthwork operations.
Soils special inspection will be performed during site grading, structure backfill, utility backfill operations, amphitheater and seatwall foundation construction, building footing excavation and other miscellaneous site grading. Compaction testing on native soil, aggregate base, non-expansive backfill and utility backfill material during construction of the building pad, landscape areas, previously mentioned activities and other miscellaneous items will also be performed.
Earth Systems will also perform laboratory testing associated with grading. Laboratory material testing will include sieve analysis, maximum density vs. optimum moisture, and other associated tests where applicable. Testing will be performed in accordance with the applicable Caltrans Test Method or appropriate ASTM test procedures as listed in the project plans and specifications and City Standards.
Earth Systems will provide special inspection during structural concrete and rebar placement and anchor bolt installation. Further, they will sample the concrete and perform testing on the concrete compressive strength samples for foundations, walls, and piers. They’ve assumed that acceptance of these materials, as well as cement, by review of certificates if approved by the structural engineer will be allowed. Sampling of non-structural concrete, such as pedestrian flatwork and retaining curbs, will also be performed as requested by the City’s representative.
Earth Systems will attend a pre-construction meeting, as well as meetings for major work elements, as needed. Compaction test reports, final inspection and testing reports and Certified Payroll reports will be prepared and submitted as required.
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2 Proposal for Construction Management Services
CIP 1259 Ramona Garden Park Phase 1 and 2 14
Survey
(If Needed)
1. Perform quality assurance survey checking, if needed. This proposal assumes two half-day callouts by a surveyor for quality assurance checking.
Contract Closeout 1. Review project for acceptance of workmanship and materials.
2. Review site with the design project manager and the city project manager for acceptance.
3. Compile a punch list of deficiencies and manage the punch list until all work items are complete.
4. Notify the contractor and re-inspect when the contractor is ready. Working days are in effect until all contract items are complete.
5. Collect and file or distribute maintenance manuals and operating instructions of equipment installed as it applies to the project specifications.
6. Assist with scheduling the training for City maintenance staff if training is required in the project specifications.
7. Compile and review record drawings, make changes, or have changes made as required. The construction manager’s and the contractor’s as-built red-line drawings shall be submitted to the City for review and acceptance. This process is a condition for the release of retention and final payment; therefore, it shall be done in a timely manner. City staff will confirm the accuracy and pass them on to the designer upon acceptance. Record drawings will be produced by the design engineer for the City’s records only: no distribution will be made to the construction manager or the contractor.
8. Draft and Submit Recommendation for Acceptance to City following Project Completion. Recommendation for management of liquidated damages and/or the addition of days, shall be clearly described within this Recommendation for Acceptance.
9. Within 2 weeks of project completion, prepare and chair a post construction meeting with the design engineer and city staff involved with the project to discuss the pros and cons. Prepare a complete critique of the project for the meeting.
10. Assist City with stop notices and release of retention.
11. Finalize and deliver all construction files and supplies to City for their records.
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2 Proposal for Construction Management Services
CIP 1259 Ramona Garden Park Phase 1 and 2
18 Fee Proposal
If awarded, Willdan’s invoicing will be submitted monthly, on a time and materials basis, matching the line items included in this fee matrix.
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2
EXHIBIT B
PROFESSIONAL CONSULTANT SERVICES
INSURANCE REQUIREMENTS
Without limiting CONSULTANT’S indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
Note: Workers' compensation and employer's liability insurance requirements may be eliminated for certain sole proprietorships, partnerships, or corporations without employees.
Consultant shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2
Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or selfinsurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’S own insurance or self-insurance shall be called upon to protect it as a named insured.
CITY’S rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’S Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
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Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT.
CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and Consultant may renegotiate CONSULTANT’S compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted 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 policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2
EXHIBIT C
PROFESSIONAL CONSULTANT SERVICE
CITY OF GROVER BEACH
DISCLOSURE OF CONFLICT OF INTEREST
Explanation: Signature
Date
Name
Company
Address
Additional page(s) attached. City, State, Zip
YES* NO
1 Are you currently in litigation with the City of Grover Beach or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Grover Beach?
3 Do you currently represent or perform work for any clients who do business with the City of Grover Beach?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Grover Beach, or in a business which is in litigation with the City of Grover Beach? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Grover Beach employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below.
Docusign Envelope ID: 1F1D20ED-692B-4D1C-A94F-715824BB07E2 X
na
11/4/2024
Willdan Engineering
374 Poli St Suite 101
X
X
X
Ventura CA 93001
Vanessa Munoz
X
X