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CITY OF SIMI VALLEY
MEMORANDUM
December 2, 2024
TO: City Council
FROM: Department of Public Works
SUBJECT: AWARD OF PROFESSIONAL SERVICES CONTRACT TO WILLDAN ENGINEERING INC., FOR DEVELOPMENT PLAN AND MAP CHECKING
SERVICES, AND APPROVAL O F A SUPPLEMENTAL BUDGET
REQUEST
STAFF RECOMMENDATION
It is recommended that the City Council:
1. Authorize the Mayor to execute a professional services agreement for design professionals with Willdan Engineering, Inc. (Willdan) (page 4), in a form approved by the City Attorney, for development plan and map checking services for an amount not- to-exceed $300,000, from December 2, 2024, to June 30, 2026. The agreement may be extended for two additional one-year terms;
2. Approve a supplemental budget request of $300,000 in the General Fund (Fund 100) for development plan and map checking services in the Public Works Engineering Professional Services account (1004080); and,
3. Authorize the City Manager to execute subsequent contract amendments, in a form approved by the City Attorney, to incorporate future budgeted funds as approved by the City Council for the contract , and extend the contract for two , one-year terms as desirable.
BACKGROUND AND OVERVIEW
The City relies on contracted professional engineering services for plan checking services to respond to the fluctuating workload of private land development activities within the City. The Lost Canyons Subdivision project, TT5734/PD-S-1021, is a multi -year, multi- phase 364-unit subdivision project requiring extensive improvement plan check services that has surpassed the City’s engineering staff resources. A new review of the Lost Canyons Subdivision Phase 1 improvement plans and Final Map are now required to address significant modifications by the developer. Willdan conducted the engineering review of the original improvement plan and Final Map for Phase 1 of the subject project.
Contracting with our currently approved plan check consultant, Willdan will provide the necessary engineering services to maintain the processing continuity of the plan and mapping review of this project.
AGENDA ITEM NO.
Consent (11)
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FINDINGS AND ALTERNATIVES
T
he Lost Canyons Subdivision project, TT5734/PD-S-1021, is a multi -year, multi-phase 364-unit subdivision project requiring extensive improvement plan check services that have surpassed the City’s engineering staff resources. The developer was delayed in meeting requirements imposed by state and federal environmental agencies but is now ready to proceed. A new review of the Lost Canyons Subdivision Phase 1 improvement plans and Final Map are now required to address significant modifications by the developer. In addition, the developer will soon be submitting improvement plans and a Final Map for Phase 2.
T
he City has insufficient professional engineering staffing on hand to respond to the peak of fluctuating private development activities within the City. Contracted plan and map check costs are currently estimated to be $300,000 for Phases 1 and 2 of the Lost Canyon Subdivision Project. Plan checking fees are funded directly by the developer when plans and maps are submitted for review. This plan check fee fully compensates the in- house and contracted professional services contracts for the review of these plans and maps.
The City will need a supplemental budget increase of $300,000 in Professional Services to accommodate this request.
S
taff recommends t hat the City Council authorize the Mayor to execute a professional service agreement for design professionals with Willdan for development plan and map checking services for the project.
T
he following alternatives are available to the City Council:
1. A
uthorize the Mayor to execute a professional services agreement for design professionals with Willdan Engineering, Inc. (Willdan) (page 4), in a form approved by the City Attorney, for development plan and map checking services for an amount not- to-exceed $300,000, from December 2, 2024, to June 30, 2026. The agreement may be extended for two additional one-year terms; and
2. A
pprove a supplemental budget request of $300,000 in the General Fund (Fund 100) for development plan and map checking services in Public Works Engineering Professional Services account (1004080); and
3. Authorize the City Manager to execute subsequent contract amendments, in a form approved by the City Attorney, to incorporate future budgeted funds as approved by the City Council for the contract. The agreement may be extended for two, one-year terms as desirable.
4 . Do not award a contract at this time and provide staff with further direction.
S
taff recommends Alternatives No. 1, 2, and 3.
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SUGGESTED CITY COUNCIL MOTION
I move to authorize the Mayor to execute a professional services agreement with Willdan Engineering, Inc., in a form approved by the City Attorney, for an amount not-to-exceed $300,000, from December 2, 2024, to June 30, 2026. The City Manager is authorized to extend the agreement for two additional one-year terms. Additionally, the City Manager may execute subsequent contract amendments, in a form approved by the City Attorney, and incorporate future budgeted funds into the contract amount for any term extensions; and approve a supplemental budget request of $300,000 in the General Fund (Fund 100) for development plan and map checking services in Public Works Engineering Professional Services account.
SUMMARY
The City relies on contracted professional engineering services for plan checking services to respond to the fluctuating workload of land development activities within the City. The Lost Canyons Subdivision is a multi- year, multi -phase 364 -unit subdivision project requiring extensive improvement plan check services that will surpass the existing engineering staffing resources of the Public Works Department. To ensure timely development plan and map checking services , it is recommended that the City Council authorize the Mayor execute an agreement with Willdan, in a form approved by the City Attorney, for development plan and map checking services for an amount not-to-exceed $300,000 from December 2, 2024 , to June 30 , 2026. In accordance with Simi Valley Municipal Code (SVMC) section 2- 9.301, the City Council is authorized to award professional services for $100,000 or more without the competitive process. Further, the City Council is asked to approve a supplement budget request of $300,000 in the General Fund (Fund 100) for development plan and map checking services in Public Works Engineering Professional Services account . Finally, the City Manager should be authorized to execute any subsequent contract amendments, in a form approved by the City Attorney, to incorporate future budgeted funds into the contract amount , and to extend the contract term for two additional one-year term, as desirable.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Brent Siemer, Deputy Public Works Director
INDEX Page
Contract .............................................................................................. 4 3
AGREEMENT NO. 3250050
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF SIMI VALLEY AND
WILLDAN ENGINEERING
FOR DEVELOPMENT PLAN AND MAP CHECKING SERVICE
THIS AGREEMENT is entered into this 2nd day of December 2024, by and between the CITY OF SIMI VALLEY, a municipal corporation and general law city (“CITY”) and WILLDAN ENGINEERING, a California Corporation (“CONSULTANT”). The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $300,000 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “B,” which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform general engineering services listed in the attached Exhibit “A” which is incorporated by reference.
B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined in a Task Order approved by CITY and CONSULTANT, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved Task Order will become a part of this Agreement. The standard form for the Task Order is set forth in Exhibit A.
C. Consulting services required by CITY will be provided on an as -needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.
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D. CONSULTANT will, in a professional manner, 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, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
E. CONSULTANT’s duties and services under this agreement may not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY . CITY retains responsibility for public contracting, including with respect to any subsequent phase of a project. CONSULTANT's participation in the planning, discussions, or drawing of project plans or specifications are limited to conce ptual, preliminary, or initial plans or specifications.
CONSULTANT must cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have 15 days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “B”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
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A. CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. Payments over $300,000 for Additional Work must be approved by CITY’s city council. All Additional Work will be subject to all other terms and provisions of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the 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.
8. TERM. The term of this Agreement will be from December 2, 2024 to June 30, 2026.
Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
A. Completion of the work specified in Exhibit “A”;
B. Termination as stated in Section 16.
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9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.
10. TIME EXTENSIONS . Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
Exhibit “A” – Scope of Work
Exhibit “B” – Schedule of Fees
12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
14. PERMITS AND LICENSES . CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any 7 City of Simi Valley
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rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own r isk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use 8 City of Simi Valley
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of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT must save harmless, indemnify and defend CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, or representatives.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
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20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
C ommercial general liability: $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO -CGL Form s. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as 10 City of Simi Valley
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“additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or ter minate pursuant to Section 16.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self -insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the Assistant City Attorney and the Risk Manager . CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action 11 City of Simi Valley
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against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS . CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Attention: Roxanne Hughes Attention: Ronald K. Fuchiwaki, Willdan Engineering Public Works Director
374 Poli Street, Suite 101 City of Simi Valley
Ventura, CA 93003 2929 Tapo Canyon Road
(805) 890-8885 Simi Valley, CA 93063
[email protected] Staff Contract: Brent Siemer
Deputy Public Works Director,
Development Services
(805) 583-6805
[email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST . CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration 12 City of Simi Valley
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contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES . This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this 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.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s City Manager, or designee, may execute any such amendment on behalf of CITY.
36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed 13 City of Simi Valley
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when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: WILLDAN ENGINEERING
By:
Algeria R. Ford, City Attorney
Print Name: Vanessa Munoz
Approved as to Content: Title: President
By:
Samantha C. Argabrite, City Manager
Print Name: Kate Nguyen
Title: Secretary
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki
Public Works Director
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EXHIBIT – A
SCOPE OF WORK
Firm must provide plan and map check services in connection with the review of private development projects. The consultant services will be assigned on an as -needed basis depending upon the Department's project workload. The number of projects may vary from zero to approximately two-dozen per fiscal year or more. The work, in general, includes, without limitation, the following:
A. Review tentative and final maps, parcel maps, lot line adjustment descriptions and legal descriptions including, without limitation, a review for:
1. Satisfactory compliance with Conditions of Approval and title report.
2. Satisfactory compliance with the Simi Valley Municipal Code (“SVMC”).
3. Satisfactory compliance with the Subdivision Map Act and the Land Surveyors Act; and, the Ventura County Surveyor policies for conformance to the County’s methods and mapping details.
4. Satisfactory delineation and ties to existing tie information establishing the subdivision and construction controls.
5. Review of the developer’s engineer’s traverse and closure calculations, for proper closure requirements as dictated pursuant to County and State mapping rules.
6. Review of the signature/cover sheet for City and County certificates for acceptability including dedications.
B. Review developer engineering of streets, grading, drainage, stormwater, water, sewer and traffic plans, with supporting calculations and reports (data) in accordance with good engineering practices and to be compliant with current conditions of approval, City standards and formats, City codes and ordinances, City policies, NPDES and MS4 regulations, National Flood Insurance Program regulations, and other applicable law.
1. Prepare a written plan review checklist. The list of questions and/or required corrections must be prepared by Consultant and returned to City with one marked- up set of plans with mark-ups of supporting data.
C. The improvement plan check will include, without limitation, a review of:
1. Proposed mass, rough and precise grading, including verification of grade slope design, dimensions, widths, lengths, depths, ADA standards, etc. 16 City of Simi Valley
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2. I ncorporation of soil and geological (geotechnical) report recommendations into the plan design as applicable.
3. Dimensional adequacy and accuracy and the proper correlation between detains and plan view.
4. Drainage facilities, structures, vaults, pipes, catch basins, water quality treatment devices, debris and detention basins, specifications, and evaluation of applicable associated numerical data, etc.
5. Drainage studies including hydrology, storm drain hydraulic analysis and water quality treatment, when applicable.
6. Hydrologic and/or hydraulic modeling, when applicable.
7. Review of water and sewer plans to ensure that they are in conformity with Public Works standards, if required.
8. All required water, sewer, storm drain and sidewalk maintenance easements are identified.
9. Review of traffic and street plans to ensure that they are in conformity with Public Works standards for safe travel, accessibility, signing, striping, proper sight distances and signalization, if required.
10. Review of all cross-sections for interface of proposed improvements with existing infrastructure such as surrounding streets, storm drains and utilities ; and, identify infrastructure conflicts and adjacent development interfaces where applicable or called for.
11. Material specifications: Incorporation of general and specific city standard construction notes.
12. Quantity calculation sheets correspond with the areas and /or quantities shown on plans.
13. General notes, “Special Provisions” and/or special construction notes must be provided for all items of work.
14. Review of change order requests for major and minor changes during construction of any project.
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D. Consultant will meet with developer’s engineer, if requested, to discuss plan check comments. All such meetings will be held at City with its representatives unless authorized by the City’s designated Project Manager
E. Designate a responsible staff person(s) for the above tasks. This individual must possess a valid certificate of registration as a Civil Engineer issued by the California State Board of Registration for Civil and Professional Engineers, and a valid Class C California driver’s license. Map checking services will require a valid Land Surveyor’s license, or a Civil Engineer’s license having a registration allowing the practice of land surveying in California.
F. Provide a signature on the drawings as being “Reviewed by ‘Company Name’” by the responsible engineer in charge of the review.
G. Provide a signature on maps as being “Acting City Surveyor” by the responsible surveyor in charge of the review.
H. On occasion, as required, perform the above tasks in a place provided by the City within the City Hall premises.
I. The services to be performed by the Consultant must be accomplished under the general direction of, and coordinated with, the City’s designated “Project Manager.”
J. Special assignments as deemed appropriate by the Public Works Director including, without limitation, annual update of construction unit costs, research on construction problems and other items associated with this scope of work, but not directly part of any specific project review.
K. The City will provide the following at the commencement of each review:
1. A work order number to be included on all invoices for services for the particular review. Separate work order numbers will be issued for the following reviews and these services are to be separately billed by Consultant:
• Review of Final Maps, Parcel Maps and legal descriptions. • Drainage studies and associated engineering reports, analysis, models, etc.
2. For the review of maps and legal descriptions, one copy of the map or legal description, title report, easement documents, closure calculations; and, for the review of final maps and parcel maps, the conditions of approval.
3. For the review of drainage studies, one copy of the study, all associated analysis, reports and models (and conditions of approval for final studies).
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Willdan Engineering
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4. For the review of plans, one copy of plans, maps and supporting calculations and reports; and, for the review of final improvement plans, one copy of plans, maps and supporting calculations, reports, conditions of approval, and copies of the approved tentative map and/or site plan exhibits as appropriate.
5. Plans, maps, calculations, studies, and reports furnished may include, without limitation, the following items:
• Mass, rough and precise grading plans
• Structural plans/calculations
• Stormwater plans
• Sewer system plans/studies
• Water system plans/studies
• Soils and geology reports, recommendations/reviews
• Drainage studies/reports, including hydrology and hydraulics reports and calculations
• SWPPP, and other NPDES pollution control documents
• Cost estimates for engineered improvements
• City conditions of approval
• All other relevant calculations furnished by developer • Tract and Parcel Maps/closure calculations/checks
• Lot line adjustment descriptions/closure calculations/checks • Legal descriptions
• Preliminary Title Report and Subdivision Guarantee
• Survey and map reference material
• Any previous plan check mark-ups
L. City will handle all administrative activities, such as review of format of bonds and agreements, preparation of City Council Resolutions or staff reports and similar staff action items. These can be provided for Consultant review and use, if requested.
M. Plan check services on each required plan check mut be completed not later than ten working days after receipt of a complete submittal. City may at its discretion establish a longer time frame for submittals of greater complexity and/or volume.
1. Consultant must commence work on the services to be performed upon receiving written or electronic authorization to proceed with the work provided by the City.
The City may desire that Consultant perform services primarily in City offices on a schedule established by the City and Consultant.
2. When Consultant is delayed because of acts or omissions of City or Developer, the Consultant must document same and may submit a request to City for approval of time extensions prior to the completion deadline.
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3. Should the workload, based on site and scale of the project, require additional hours for Consultant to meet the schedule set forth above, then the City may at its discretion either authorize additional hours or modify the schedule to extend the review period.
20 City of Simi Valley
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Willdan Engineering
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EXHIBIT - B
SCHEDULE OF FEES
21 WILLDAN ENGINEERING
Schedule of Hourly Rates
Effective July 1, 2024 to June 30, 2025
** For Non-Prevailing Wage Project *** For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subjec t to negotiation.
Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straig ht 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, cons ultation, and coordination. Valid July 1, 2024 thru June 30, 2025, 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-Long Beach-Anaheim area and five percent, with City concurrence. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations.
Rev 04.17.2024
DESIGN ENGINEERING
Technical Aide I $74
Technical Aide II $96
Technical Aide III $118
CAD Operator I $122
CAD Operator II $139
CAD Operator III $155
GIS Analyst I $162
GIS Analyst II $183
GIS Analyst III $191
Environmental Analyst I $136
Environmental Analyst II $152
Environmental Analyst III $161
Environmental Specialist $174
Designer I $162
Designer II $169
Senior Designer I $178
Senior Designer II $187
Design Manager $190
Senior Design Manager $193
Project Manager I $175
Project Manager II $194
Project Manager III $204
Project Manager IV $220
Principal Project Manager $224
Program Manager I $194
Program Manager II $206
Program Manager III $225
Assistant Engineer I $136
Assistant Engineer II $153
Assistant Engineer III $161
Assistant Engineer IV $168
Associate Engineer I $173
Associate Engineer II $180
Associate Engineer III $188
Senior Engineer I $191
Senior Engineer II $193
Senior Engineer III $196
Senior Engineer IV $202
Supervising Engineer $206
Traffic Engineer I $206
Traffic Engineer II $220
City Engineer I $220
City Engineer II $220
Deputy Director $220
Director $230
Principal Engineer $240
BUILDING AND SAFETY
Assistant Code Enforcement Officer $100
Code Enforcement Officer $114
Senior Code Enforcement Officer $135
Supervisor Code Enforcement $162
Plans Examiner Aide $107
Plans Examiner $162
Senior Plans Examiner $178
Assistant Construction Permit Specialist $114
Construction Permit Specialist $120
Senior Construction Permit Specialist $141
Supervising Construction Permit
Specialist $150
Assistant Building Inspector $135
Building Inspector $150
Senior Building Inspector $162
Supervising Building Inspector $178
Inspector of Record $190
Deputy Building Official $190
Building Official $192
Plan Check Engineer $190
Supervising Plan Check Engineer $194
Principal Project Manager $220
Deputy Director $220
Director $230
PLANNING
CDBG Technician $79
CDBG Specialists $995
CDBG Analyst $112
CDBG Coordinator $140
CDBG Manager $169
Housing Programs Coordinator $142
Planning Technician $120
Assistant Planner $150
Associate Planner $162
Senior Planner $185
Principal Planner $192
Planning Manager $208
Deputy Director $228
Director $234
ADMINISTRATIVE
Administrative Assistant I $89
Administrative Assistant II $107
Administrative Assistant III $125
Project Accountant I $101
Project Accountant II $118
Project Controller I $125
Project Controller II $141
CONSTRUCTION MANAGEMENT
Labor Compliance Specialist $135
Labor Compliance Manager $169
Utility Coordinator $170
Office Engineer I $140
Office Engineer II $157
Assistant Construction Manager $147
Construction Manager $171
Senior Construction Manager $191
Resident Engineer I $192
Resident Engineer II $200
Project Manager IV $220
Deputy Director $220
Director $230
INSPECTION SERVICES
Public Works Observer ** $116
Public Works Observer *** $140
Senior Public Works Observer** $126
Senior Public Works Observer *** $140
MAPPING AND EXPERT SERVICES
Survey Analyst I $141
Survey Analyst II $162
Senior Survey Analyst $185
Supervisor - Survey & Mapping $194
Principal Project Manager $220
LANDSCAPE ARCHITECTURE
Assistant Landscape Architect $141
Associate Landscape Architect $162
Senior Landscape Architect $178
Principal Landscape Architect $192
Principal Project Manager $220
EXHIBIT B
22