Attachment 5 – Agreement with Brown & Caldwell — Manteca City Council, January 16, 2024

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this ____ day of ________________, 20___, by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and Brown and Caldwell a California corporation ("Consultant").

RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.

C. City desires to retain Consultant to render the professional services set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall provide construction management and inspection services for the Well 29 TCP Treatment Project CIP 22058 described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated November 2023, and attached hereto as Attachment 2. Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time. Performance of the construction management and inspection services is sometimes referred to herein as “the Project.”

2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.

3. Time of Performance. Consultant’s services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. All work shall be completed no later than September 30, 2025. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herein.

4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed three hundred and forty-four thousand, five hundred and ten ATTACHMENT 5
1 DOLLARS ($ 344, 510). Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.

5. Method of Payment. Consultant shall submit monthly billings to City specifying and describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.

City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. Payments may be delayed by City if Consultant fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.

6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without the City’s prior written authorization.

7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days’ prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.

8. Ownership of Documents; Confidentiality.

A. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.

B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City’s prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are ATTACHMENT 5
2 rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City’s prior written consent.

9. Consultant's Books and Records.

A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.

B. Consultant shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement.

D. Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-ininterest.

10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.

11. Interest of Consultant.

A. Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further represents that, in the performance of its duties hereunder, no person having any such interest shall perform any services under this Agreement.

B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:

ATTACHMENT 5
3 (1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
(2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant.

A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.

Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.

B. The primary provider of the services required by this Agreement shall be Brown and Caldwell. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City’s prior written consent.

13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.

14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.

15. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant’s performance of this Agreement, or Consultant’s failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.

16. Insurance Requirements.

A. Job specific insurance requirements can be found on the attached Attachment

4. Other insurance provisions can be found below:

ATTACHMENT 5
4 B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers. (6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01, or equivalent.

C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.

D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.

Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed ATTACHMENT 5
5 to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: Elba Mijango, Associate Engineer
If to Consultant: Brown and Caldwell
11020 White Rock Road, Suite 200
Rancho Cordova, CA 95670
Attention: Elizabeth Durazo, Principal-in-Charge

18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.

19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.

Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.

21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.

22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

23. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.

24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

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6 25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.

27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.

28. Prohibited Interests.

A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

30. Precedence. In case of conflict between Consultant’s Proposal/Consultant’s attachments and the City’s Agreement/City’s attachments, the City’s Agreement and City’s attachments shall take precedence over Consultant’s proposal/Consultant’s attachments.

31. Exceptions. Consultant makes the following exceptions to Attachment 4, Insurance Requirement for Professional Services.

ATTACHMENT 5
7 • Commercial General Liability Additional Insured Endorsement shall be on 2001 or earlier, or equivalent.
• Other Insurance Provisions, Consultant’s insurance at least as broad as CG 20 10 and CG 20 37, or equivalents.
• Waiver of Subrogation, Consultant hereby grants to The City of Manteca a waiver of any right to subrogation, except for professional liability.

This Space Purposely Left Blank
ATTACHMENT 5
8 TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.

CITY OF MANTECA: CONSULTANT:

_________________________________ ___________________________________ Toni Lundgren (Type name of Consultant/form of organization)* City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services

COUNTERSIGNED: By: ___________________________________
(Signature)

_________________________________ ___________________________________ Shay Narayan (Type name and title)
Director of Finance

COUNTERSIGNED: Address: ____________________________

_________________________________ ____________________________ Dawn Cortesi,
Interim Director of Human Resources Telephone: ____________________________ APPROVED AS TO FORM:
_________________________________
L. David Nefouse,
City Attorney
Brown and Caldwell Mike Harrison, Vice President
ATTACHMENT 5
9 ATTACHMENT 1

REQUEST FOR PROPOSAL
ATTACHMENT 5
10 REQUEST FOR PROPOSALS (RFP)
Construction Management and
Inspection Services for the
Well 29 TCP Treatment Project CIP 22058
Issued: October 23, 2023
Electronic Proposals are Due:

November 16, 2023 at 5:00 pm PST
RFP
ATTACHMENT 5
11 Table of Contents
1 Introduction .......................................................................................................................................... 3

1.1 RFP Submittal Timeline ................................................................................................................. 3

1.2 Proposal Submittal Format........................................................................................................... 4

1.3 Inquiries and Addenda.................................................................................................................. 4 2 Construction Management Expectations ............................................................................................. 5 3 Scope of Services................................................................................................................................... 6

3.1 Task 1 – File Management Software Program.............................................................................. 6

3.2 Task 2 – Preconstruction Services................................................................................................. 7

3.3 Task 3 – Construction Management Services During Construction.............................................. 7

3.4 Task 4 – Public Outreach............................................................................................................... 9

3.5 Task 5 – Traffic Control Plan ......................................................................................................... 9

3.6 Task 6 – Quality Assurance and Materials Testing Services.......................................................... 9

3.7 Task 7 – Storm Water Pollution Prevention Plan (SWPPP).........................................................10

3.8 Task 8 – Post Construction Services............................................................................................11

3.9 Project Schedule .........................................................................................................................11 4 Proposal Content ................................................................................................................................11

4.1 Qualifications, Related Experience, and References ..................................................................11

4.2 Appendices..................................................................................................................................12

4.3 Cost Proposal Requirements.......................................................................................................12

4.4 Exceptions to the Professional Services Agreement...................................................................13

4.5 Proposal Package ........................................................................................................................13

4.6 Staff Changes ..............................................................................................................................13 5 Proposal Acceptance and Selection....................................................................................................14

5.1 Consultant Selection ...................................................................................................................14

5.2 Scoring Criteria............................................................................................................................14 6 Negotiations and Engagement............................................................................................................15 7 Conflict of Interest ..............................................................................................................................15 8 Appendices..........................................................................................................................................15 RFP
ATTACHMENT 5
12 1 Introduction
The City of Manteca (City) is soliciting electronic proposals for Construction Management and Inspection Services (Services) for the Well 29 TCP Treatment Project (Project). The Project consists of the following:
• Installation of a Granular Activated Carbon (GAC) water treatment system to treat the water produced by Well 29 located at Yosemite Village Park to remove 1,2,3-trichloropropane (TCP) as required to comply with the California State Water Resource Control Board Compliance Order No. 01-10-21R-002. This Order requires compliance with California Code Regulations, Title 22, Section 64444 on or before April 10, 2024. The maximum contaminant level (MCL) for 1,2,3- Trichloropropane (TCP) is 0.005 micrograms per Liter (µg/L). • The GAC vessels would be placed east of the existing well building. This layout includes the widening of the existing driveway to accommodate the vehicle turning radius. • Existing landscaping will be updated to minimize the visual impacts of the GAC vessels.

Please note the project is tentatively scheduled to be awarded in November 2023. Refer to Table 1 for RFP deadlines. The project drawings and specifications were prepared by HydroScience Engineering, Incorporated (HSe) and can be referenced via the link provided in Table 2.

Services to be provided include:
• Construction management
• Contractor oversight
• Field Inspection services
• Project document management and tracking

1.1 RFP Submittal Timeline
Time is of the essence with respect to this contract. Please refer to Table 1 for deadlines. The successful proposer should be able to perform all required tasks set forth in the Scope of Services section.

Table 1: RFP Deadlines
Milestone Deadline
RFP Issued October 23, 2023
Deadline forClarifications/Inquiries November 9, 2023
Deadline for ProposalSubmittal November 16, 2023
Award of Contract (tentative) December 19, 2023
Issue Notice to Proceed (tentative) January 16, 2024
PST: Pacific Standard Time
Note: Refer to Table 3 for email contact information.

Proposals received past the deadline will not be considered. The City accepts no responsibility if delivery is made to another electronic mail address or other technological issues that cause a submittal to be late or not received by the deadline. An evaluation team will review submitted proposals and select the best proposal based on the evaluation criteria outlined in the RFP. The selected consultant will then be RFP
ATTACHMENT 5
13 recommended to the City Council for entering into a contractual agreement for services. Refer to Table 2 for a free electronic copy of the RFP along with a reference copy of the design drawings and specifications of the proposed project.

Table 2: Links to RFP and Reference Documents
File Name on RFP Website Link
0 – RFP CM Services Well 29 TCP Treatment
(this document)
1 – CM Services – Well 29 TCP Treatment
Drawings
2 – CM Services Well 29 TCP Treatment
Specifications
3 – Addendum No. 1
Important: the Nile Garden Well 30 Water Supply Equipping Project is currently out to bid. Construction bids (not proposals for this RFP) are due November 2, 2023. For additional information about this project like Q&A’s, addendums, etc. can be found at the following website (this is different than above website for RFP information):
https://www.manteca.gov/departments/engineering/project-information/-folder195#docan768_1395_288

1.2 Proposal Submittal Format
Proposers must submit a Work Proposal and Cost Proposal via email. All responses must be completed as required, signed by an officer of the firm who is authorized to enter into a binding agreement with the City on behalf of the company (proof of signature authority must be attached), and must be received in the place and time designated in Table 1.

1.3 Inquiries and Addenda
All inquiries and questions shall be submitted in writing via email. City staff contact information is provided in Table 3. Inquiries received after the due date to ask questions will not be responded to. Telephonic inquiries will not be considered. Questions and answers will be posted on the City’s website.

Table 3: Submittals, Inquiries and Contact Information
Contact: Kyzen Nicolas, Assistant Engineer or Frank Guillory, Senior Engineering Technician Email: [email protected] and [email protected]
Subject Line: RFP for Well 29 TCP CM Services
The City will issue any revisions to this RFP as an addendum. The City will distribute addenda to all potential proposers via e-mail and post on the City’s website. Proposers are responsible for receipt of all https://www.manteca.gov/business/request-forproposals
RFP
ATTACHMENT 5
14 addendums. The City’s issuance of a written addendum is the only official method whereby the City will interpret, clarify, or provide additional information concerning this RFP. No oral revision to any provision in the RFP shall be binding.
2 Construction Management Expectations
The following is a list of the City’s expectations shall be incorporated into the Consultant’s contract.

1. Be on site to observe whenever the contractor is working. 100% field coverage is expected.

2. Know the project plans and specifications. The CM should know the documents better than the contractor. Understand the work as designed or know where to research the documents for information.

3. Respond to all contractor’s questions/claims no matter how small they may seem.

4. Talk with the contractor’s superintendent/foreman about the day’s planned activities and what his goals are for the next day. Follow up on any outstanding issues, submittals, etc.

5. Think ahead of the contractor and anticipate his work in the upcoming weeks. Remind the contractor to complete submittals, SOSRs, etc. in advance of the work. No last-minute requests for shutdowns or City assistance, unless it’s an emergency.

6. Do not do the work for the contractor. City is not going to have its consultants take on this liability.

City understands the need to keep the contractor on schedule but not by taking shortcuts.

7. Recognize the need for specialized inspection and schedule inspection/testing.

8. Observe the field activities and discuss with superintendent/foreman any discrepancies. Repeat frequently throughout the day.

9. Review document logs and check on status of RFIs, submittals, etc. in review and follow up with the appropriate parties.

10. All consultants and subconsultants shall maintain a professional appearance during all meetings including in-person meetings and virtual meetings. This includes an understanding of virtual meeting software, in addition to, the use of a professional background, use of adequate equipment including camera, laptop, lighting, microphone, etc.

11. Review new RFIs and submittals from the contractor and determine if the document should be forwarded to City and/or the design consultant or whether the CM can provide response. Also, check for completeness of information before forwarding. If incomplete, either return the document to the contractor or hold and wait for supplemental information from the contractor (the received date doesn’t start until the supplemental information is received); if the working relationship with the contractor is not good, return it immediately.

12. All RFI and submittal responses must be reviewed by City before being issued to the contractor.

13. When receiving resubmittals from the contractor, review the previous comments and determine if the contractor has addressed all comments. The CM will need to review these at some point in order to properly inspect the installation in the field. If the resubmittals are not complete, return them to the contractor.

14. Prepare a daily log electronically and email a copy to City for review every 1 to 2 days. Provide photos and videos as necessary to document the field activities.

RFP
ATTACHMENT 5
15 15. Obtain written approval from City for all field orders, RFQs and change orders before issuing to contractor. Provide, CM’s professional recommendation when seeking approval.

16. When issues arise, work with the Contractor to come-up with a solution and take a position that provides the greatest benefit to the City.

17. Review all proposals for RFQs received from the contractor before the start of negotiations. City gets the final approval of the negotiated price before any CCOs are formalized.

18. Review all backups for field order work before the CCOs are formalized.

19. Review initial draft of the progress billing request prior to submittal to City’s project manager.

Review the CM’s comments with the project manager prior to returning them to the contractor.

20. Review the contractor’s record drawings on a monthly basis and use the same timing as the schedule updates. If the drawings are not complete, recommend to the project manager an appropriate withhold amount.

21. Return all phone calls from project management staff on the same business day.

22. Provide City with all known scheduled time off during the project duration. Review time off impacts to project and project coverage with City at least one weeks in advance, or as soon as practicable.
3 Scope of Services
The City is seeking proposals from construction management firms to provide construction management and inspection services on behalf of the City. The following summary of the scope of services is not inclusive and is only intended to be used as an indication of the minimum services to be provided. The City’s expectation is that the scope of services for this Project shall include all work necessary for the completion of the Project with no future amendments required to the contract.

At a minimum the selected consultant shall provide the following staff members to support the Project:
• Resident Engineer (full-time)
• Construction Inspectors (as required)
• Specialty Inspectors (pavement, electrical, storm water, water sampling, structural, concrete, soils, steel, etc.)

3.1 Task 1 – File Management Software Program
This project requires the use of a document management and storage system similar to Microsoft’s SharePoint. The main objective of this task is to avoid using email to transmit project related documents like submittals, RFIs, schedules, etc., as well as, maintain project files organized and up to date with the capability to easily transfer all folders and files to the city’s server. Consultant shall provide for up to 10 user account for the City/Contractor team’s use.

The following includes minimum software requirements:
• Track andmanage all documents(including different document versions and authors). File storage to maintain project files from the start of the project until city issues Notice of Completion.

RFP
ATTACHMENT 5
16 • Files shall remain available for city transfer a minimum of 120-days following the Notice of Completion issued for the well equipping phase of the project. • Allow users to submit/upload, RFIs, submittals, warranties, and any type of documents • File management software must be compatible with the Microsoft Office Suite • Maintain the latest project schedule, permit documents, etc. • City staff shall have administrative rights to software program. Other users would be limited to uploading documents, and viewing documents, for example. • Consultant shall work with City staff at the end to transfer all files to the City’s server (i.e. allow ease of file downloads).
• Consultant shall maintain and troubleshoot file sharing site as needed to maintain project flow and prevent delays. Files shall remain secure and free of viruses. • File structures and organization will require city input and approval. • Final software selection will be made by city staff.
• Consultant shall provide electronic copies of all submittals, reports, etc. as PDF, MS Word, and AutoCAD versions for city use.

3.2 Task 2 – Preconstruction Services
• Coordinate with Contractor, City, and other parties involved to schedule and conduct the preconstruction conference. • The submittal of certified payroll records will be required as work is performed or when they are needed to verify that the Consultant or sub-consultant is in compliance with the State Labor Code.

Certified payroll submittals will be directly to the Department of Industrial Relations (DIR). • Review Project Traffic Control Plan(s) during pre-construction reviews. Review project staging plans and propose revisions as necessary for construction and design. Review permits and agreements including environmental documents/commitments. • Review contractor's schedule, evaluate and confer with the City regarding workability of the schedule or suggest changes that may improve the schedule. • Review any material related to dispute resolution with contractor's methodologies, policies, and procedures. Work with the Resident Engineer to assist as necessary. • Review and monitor the safety programs developed by the Contractor and as required by OSHA/Cal-OSHA.
• Prepare for approval file naming convention, file format/s and directory structure for all project files.

3.3 Task 3 – Construction Management Services During Construction Provide construction management oversight, project observation / inspection during construction.

Consultant management services shall be in accordance with the latest City Standards and Specifications, CalTrans Standards, and AWWA Standards.
• Copies of sample templates, tracking sheets, logs, etc. shall be submitted for city review and approval upon execution of the agreement between the City and consultant. • Maintain close contact with the City on all correspondence.

RFP
ATTACHMENT 5
17 • Provide day-to-day on-the-job observation/inspection of all construction work on the project.

Consultant inspectors shall make reasonable efforts to guard the City against defects and deficiencies in the work of the Contractor and to ensure provisions of the contract documents are being fulfilled; prepare daily inspection reports documenting observed construction activities; take progress photographs and bind and label them; review contractor record drawing markups; punch lists; coordinate with the City for final inspection; and assist with all other matters relating to construction of the project.
• Schedule and conduct construction weekly progress meetings online using Microsoft Teams, Zoom or equivalent. Prepare and distribute meeting minutes and agendas to all attendees.

Weekly in person meetings can be scheduled as necessary. • Attend monthly status report meetings with the City to review detailed construction progress and budget status through Microsoft Teams, Zoom or equivalent. Monthly in-person meetings can be scheduled as necessary.
• Enforce the construction schedule and phasing plan in order to complete the project within the allocated time and schedule. Perform schedule analysis, as needed. • Monitor the construction budget and ensure that the project remains within budget, including a detailed tracking of installed and expected quantities of work. • Serve as the Resident Engineer in the field which would include daily field reporting and weekly statements of working days.
• Review and respond to product and project submittals and/or coordinate with the Design Engineer and the City to review project submittals. Maintain a submittal log and track turnaround time to avoid delays.
• Review and respond to all Requests for Information (RFIs) and/or coordinate with the Design Engineer and surveyor to provide responses. Log and track RFI progress. • Collect, log, review, distribute, track, and respond to all material submittals submitted by the Contractor and surveyor.
• Review Contractor's initial schedule of values for reasonableness and ease of monitoring. • Review quantities submitted with monthly progress payment requests, analyze differences over amount.
• Prepare monthly progress payment recommendations by making measurements of bid items on the project cost breakdown, checking the percent complete in the field, and assisting with Contractor meetings to resolve any differences in percent complete. • Review all change orders related to construction issues based on the project drawings, specifications, and other design information from the Design Engineer. • Perform change order analysis, including reviewing: logs of proposed change orders, change order quotations from Contractor, negotiated change order costs, time extensions, processing final negotiated change orders, and effect of approved change orders in progress payment breakdowns.
• Prepare Contract Change Orders and recommendations to accompany change order documents and forward to the Resident Engineer for review and approval. Confirm on a monthly basis that the Contractor is maintaining up-to-date marked up prints of construction drawings and documents showing all field changes and as-built conditions. Maintain the same drawings and documents in the construction field office.

RFP
ATTACHMENT 5
18 3.4 Task 4 – Public Outreach
Public outreach efforts, include but not limited to, regular updates for social media posts and road closures.
• Coordinate with Contractor to obtain accurate and up to date construction information in preparation of Public Outreach publications and reports. • Maintain close contact with the City on all correspondence. • Provide a representative that is available during work hours for the public to contact with any complaints or problems with the Project.
• Develop Public Outreach strategies based on City input as necessary. Coordinate with applicable parties, as required, to assist in developing responses as necessary. • Coordinate with local business owners and residents immediately adjacent to the Project for any items of work that may impact access to or use of their property. • Prepare Public Outreach information for web updates and newspaper updates in preparation for temporary construction impacts to the traveling public.

3.5 Task 5 – Traffic Control Plan
Analyze Traffic Control Plan and coordinate potential conflicts with adjacent or nearby projects. • Review traffic control plans for conformity to Caltrans Manual of Traffic Control for Construction and Maintenance Work Zones, Specifications, and California MUTCD. • Inspect and photo document traffic control operations during construction and when necessary have contractor make adjustments.
• Consultant shall coordinate with the City and Contractor to review project construction baseline schedule. Review Contractor's baseline schedule to identify conflicts with staging and traffic management plans.
• Review Traffic Control Plan and staging plans for potential conflict with adjacent or nearby projects that are already under construction. Analyze Traffic Control Plan conflicts between projects and recommend revisions to project construction baseline schedules as necessary to reduce the length of temporary impacts during construction to traffic. . • Notify adjacent residents and businesses that may be affected by construction and traffic control measures.
• Coordinate with the City’s Police and Emergency Services any approval for lane and/or shoulder closures and alternate traffic routes.

3.6 Task 6 – Quality Assurance and Materials Testing Services Coordinate and provide required testing as stated in the specifications and special inspections as necessary.

RFP
ATTACHMENT 5
19 • Consultant shall provide a sub-consultant as a certified materials testing agency (MTA) to perform soils and materials sampling and testing services. The MTA sub-consultant shall refer to the Caltrans Quality Assurance Program for testing sampling and testing guidelines. For all HMA, RHMA-G and Chip Seal construction, the QA/QC construction process will be followed per Section 39 of the Project Specifications.
• The MTA shall have an Independent Quality Assurance Program to verify that acceptance testing is being performed correctly with properly calibrated equipment in good working order. • All test results shall be reported to the City in the shortest time that the specific test will realistically allow.
• The Consultant guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City.
• Prevailing Wages: All services performed under the agreement will be subject to payment of the applicable prevailing wage to the testing personnel performing the tests. The submittal of certified payroll records to the State will be required as work is performed or when they are needed to verify that the Consultant is in compliance with the State Labor Code. Certified payroll submittals will be directly to the DIR.
• If the MTA fails any tests or inspections, retests or re-inspections will be required. Retests and reinspections will be billed at the same rates as the original tests. Retests shall be marked on reports and invoices to help facilitate back charging to the Contractor, if allowed by the project contract. • The MTA sub-consultant shall submit to the City all applicable certifications for the laboratory and testing personnel that will be working on the project. All certifications must be kept current throughout the project duration. If certifications are updated while the project is underway, the updated certificate shall be submitted to the City immediately. • It is the intent of the City to maintain a consistency of material testing quality throughout each phase of the project. Consultant is therefore encouraged to provide, wherever and whenever possible, the same field personnel for the duration of construction of the project. • On days when work is not performed by the Contractor, such as rainy or unsuitable weather days, the materials testing personnel will not provide services unless authorized by the City. • Resumes of materials testing personnel must be submitted to the City for review and approval prior to assignment to the Project. If, at any time, the level of performance of any testing personnel is below expectations, the City may release that field person and request that another be assigned as needed.

3.7 Task 7 – Storm Water Pollution Prevention Plan (SWPPP) Provide SWPPP services, including inspections and reporting for the project. • Oversee the implementation of the SWPPP (or Water Pollution Control Plan), including oversight of the monitoring/sampling, weather and event tracking requirements, visual monitoring, inspections, and checklists.
• Prevailing Wages: All services performed under the agreement will be subject to payment of the applicable prevailing wage to the personnel installing the storm water BMPs.

RFP
ATTACHMENT 5
20 3.8 Task 8 – Post Construction Services
Project closeout, punch list items completion, dispute resolution, contract change orders and process final payment.
• Review, prepare and scan closeout documents (e.g. maintenance, operational, warranty, etc.) as required in the construction documents, and as submitted by the Contractor at the completion of the work.
• At the conclusion of the project, the Consultant shall provide the City with a digital copy of all the project records. The digital records shall be in the approved file format/s, file naming convention and directory structure.
• Perform post construction review and prepare lessons learned documents for future projects. • Perform optional service if needed: claim resolution and detailed schedule analysis. • Review punch lists items of remaining work.
• Coordinate with the City for final inspection.
• Submit scanned final record drawings (no hard copies, if possible).

3.9 Project Schedule
Given the complexity and number of tasks required in the Scope of Work, the consultant shall update the project schedule on a monthly basis. Please submit PDF copy. 4 Proposal Content
The following sections details the information to be included in the proposal.

4.1 Qualifications, Related Experience, and References
This section of the Proposal should establish the ability of the proposed team to satisfactorily perform the required work by reasons of: experience in performing work of the same or similar nature; demonstrated experience working with local agencies and cities directly involved in this project; staffing capability; current work load and availability; record of meeting schedules on similar projects; and supportive client references. Specifically:
• Provide a brief profile of the firm including: the types of services offered; the year founded; type of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees.
• Provide a general description of the firm's current financial condition; identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede ability to complete the project.
• Describe the firm's experience in performing work of a similar nature to that solicited in this RFP and the participation in such work by the key personnel proposed for assignment to this project.

Highlight the firm’s and key personnel’s experience with construction management and RFP
ATTACHMENT 5
21 inspections services. Include a discussion of at least four (4) previous projects of similar nature completed by the proposed project team.
• Furnish brief resumes for the proposed Project Manager, Resident Engineer, Assistant Resident Engineer, and other key personnel (resumes are included in the total page count) and a project team organization chart. Project principles and responsible-charge, as well as project management, Resident Engineer and Assistant Resident Engineer, shall be clearly identified in the organizational chart. The project organization chart should clearly delineate the communication and reporting relationships among the project team members including sub-consultants. • Resumes should be provided for only key personnel substantially involved in the project (performing more than 10% of the billable work), including the project manager and principal inresponsible-charge for the project. Project experience should highlight and discuss those projects of similar nature as this proposed project. Project experience should correlate with the experience discussed above. Provide education, experience and applicable professional credentials of project staff. Include the person's name, current location, proposed position for this project, current assignment, level of commitment to that assignment, availability for this assignment, and how long each person has been with the firm.
• Identify key personnel who are California-licensed Professional Engineers (PE) that will be in responsible charge, and approve and stamp the final report. Include a copy of the license for said personnel.
• Include a statement that key personnel will be available to the extent proposed for the duration of the project, acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City. • Provide a minimum of three (3) references who can discuss the firm and project team’s qualifications to deliver the project Scope of Services. The references shall be knowledgeable and able to discuss the qualifications of the firm and project team based on the work experience cited under items c and d above. Furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. • Provide a list of past joint work by the prime consultant and each sub-consultant if applicable. The list should clearly identify the project and provide a summary of the roles and responsibilities of each party.

4.2 Appendices
Information considered being pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Consultants are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief.

4.3 Cost Proposal Requirements
The proposer must submit a detailed cost proposal for all services and materials anticipated to complete the Scope of Services with a “not-to-exceed” fixed fee, which shall be the sum of all tasks. The cost proposal shall be submitted as a separate excel file.

The file name shall follow this naming convention:

RFP
ATTACHMENT 5
22 • Well 29 TCP CM – “Insert Company Name” Fee Schedule Provide a fixed dollar amount for each of the services and materials as described in the Scope of Services and list all assumptions.

Include an hourly rate table for typical planning and engineering classifications that may be requested for separate tasks not included in this RFP.

Consultant shall submit monthly invoices listing work completed. Invoices shall list summarize work broken down hourly rate, position, and material fees.

4.4 Exceptions to the Professional Services Agreement
Exceptions shall be submitted in writing with justification clearly stated. No exceptions to the City’s standard indemnity will be considered.

Any consultant with objections to terms contained in the City’s Agreement for Professional Services (see Appendix A) must advise the City of such objections and requested modifications as part of its proposal.

Refer to Appendix B for details about insurance documents.

4.5 Proposal Package
All electronic proposals shall have a 16-page limit. Page limit does not include the outside cover, section dividers, cover letters, or appendices. Proposals that do not contain the required information or the required number of pages may be rejected.

The proposal, resumes, and project schedule shall all be included within the page limit. The cover letter shall consist of maximum two (2) pages and include the following:
a. The proposer’s legal name, address, telephone number, email address, and contact person for the remainder of the selection process;
b. Any qualifying statements or comments regarding the proposer’s submittal, including proof of proposer’s capabilities to prepare a water treatment system; and c. Statement indicating the validity of the proposal for a minimum period of 180 calendar days subsequent to the proposal due date.

4.6 Staff Changes
If at any time during the procurement process a firm makes any changes to proposed key personnel or sub-consultants they must notify the City in writing of those proposed changes. The City reserves the right to accept or reject such proposed changes or to revise the evaluation scoring to reflect the proposed staffing changes.

RFP
ATTACHMENT 5
23 5 Proposal Acceptance and Selection
The City reserves the right to:
• Accept or reject any and all qualifications/proposals, or any item for part thereof. • Waive any informalities or irregularities in proposals. • Withdraw or cancel this RFP at any time without prior notice and the City makes no representation that any contract will be awarded to any firm responding to this RFP. • Re-issue a new RFP for the same or similar services.
• Postpone proposal openings for its own convenience.

5.1 Consultant Selection
The objective of the City is to select a qualified firm to perform necessary services for the City at a fair and reasonable cost. To that end, the City has established the following criteria for the selection process:
• The selection process shall be fair, open, and competitive. • The selection of the consultant firm will be based on clearly stated objectives. • Selection of consultants/firms shall be based upon demonstrated competence, professional qualifications, experience, and capabilities to perform the required services. • The contract will be awarded to the most technically qualified responsible and responsive firm best conforming to the RFP, and is in the opinion of the City, most advantageous to the City.

5.2 Scoring Criteria
City staff will evaluate each proposal for completeness and content. Each proposal will be evaluated based upon the relevant qualifications and experience of the proposer. Staff may choose to interview two or more closely ranked firms, allowing 30 minutes for a presentation of the short-listed firms and another 30 minutes for a questions/answer session. License status and references will also be verified. The proposal review will focus on the following criteria:
• Project Management (35 points). Components of project management that demonstrate capability in management of projects of this scope. Include a sample monthly report. Please include a project schedule that accounts for the Scope of Services. • Project Understanding (20 points). The proposal adequately demonstrates an understanding and experience in preparing similar potable water projects for municipalities • Project Approach (20 points). Innovative approaches for alternative solutions and recommendations are preferred.
• Experience (15 points). The firm’s expertise and professional qualifications with similar work.

Qualifications of the firm and individuals assigned to perform the work. • Project schedule (10 points). Thoroughness of the project schedule, ability to complete the project within the selected timeframe.

RFP
ATTACHMENT 5
24 6 Negotiations and Engagement
Upon selection, City staff will enter into negotiations with the top-ranked firm to negotiate a final Scope of Services and request a formal cost proposal.

In the event that contract negotiations with the top-ranked firm are unsuccessful, the City shall begin negotiation with the second-ranked firm and so on.
7 Conflict of Interest
The selected consultant will not be prevented from participating in future projects to the extent that no direct conflict of interest exists at the time. Consultants responsible for a project’s design may not participate in construction management or construction inspection of the project. The determination of a conflict of interest, direct or incidental, shall be at the sole discretion of the City. 8 Appendices
• Appendix A: Agreement for Professional Services
• Appendix B: Insurance Requirements for Professional Services RFP
ATTACHMENT 5
25 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this ____ day of ________________, 20___, by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and _____________, a ___________ corporation ("Consultant").

RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.

C. City desires to retain Consultant to render the professional services set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the __________ services described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated ______, and attached hereto as Attachment 2.

Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time. Performance of the ______ services is sometimes referred to herein as “the Project.”

3. Time of Performance. Consultant’s services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. All work shall be completed no later than _______________. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herein.

4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed _______________DOLLARS ($______). Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.

RFP
ATTACHMENT 5
26 5. Method of Payment. Consultant shall submit monthly billings to City specifying and describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.

8. Ownership of Documents; Confidentiality.

B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City’s prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City’s prior written consent.

RFP
ATTACHMENT 5
27 9. Consultant's Books and Records.

11. Interest of Consultant.

B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel RFP
ATTACHMENT 5
28 independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
(2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant.

A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.

B. The primary provider of the services required by this Agreement shall be ______________. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City’s prior written consent.

13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.

16. Insurance Requirements.

A. Job specific insurance requirements can be found on the attached Attachment

4. Other insurance provisions can be found below:

B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:

RFP
ATTACHMENT 5
29 (1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers. (6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.

D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Manteca
1001 W. Center Street
RFP
ATTACHMENT 5
30 Manteca, CA 95337
Attention: _______________
If to Consultant: ________________________
________________________
________________________
Attention: _______________

19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.

25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the RFP
ATTACHMENT 5
31 parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

28. Prohibited Interests.

A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

RFP
ATTACHMENT 5
32 This Space Purposely Left Blank
RFP
ATTACHMENT 5
33 TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.

CITY OF MANTECA: CONSULTANT:

COUNTERSIGNED: By: ___________________________________
(Signature)

_________________________________ ___________________________________ Shay Narayan (Type name and title)
Director of Finance

COUNTERSIGNED: Address: ____________________________

REQUEST FOR PROPOSAL
RFP
ATTACHMENT 5
35 ATTACHMENT 2
CONSULTANT’S PROPOSAL
RFP
ATTACHMENT 5
36 ATTACHMENT 3

SCHEDULE OF ACTIVITIES
RFP
ATTACHMENT 5
37 05/14
ATTACHMENT 4
Insurance Requirements for Professional Services

INSURANCE REQUIREMENTS
Consultants 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 the Consultant, his agents, representatives, employees or subcontractors.

Minimum Limits of Insurance: Coverage shall be at least as broad as:

Commercial General Liability
x Commercial General Liability Insurance with $2,000,000 minimum limit per occurrence. x If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. x Commercial General Liability Additional Insured Endorsement naming the following as insured on 2001 or earlier issued endorsement forms:
“City of Manteca, its officers, officials, employees, agents, and volunteers”.

Automobile Liability
If the vehicles are brought onto city facilities, covering any auto, or of Contractor has no owned autos, hired, and non-owned autos, the Contractor shall maintain automobile liability with limits no less than:
x Automobile Liability Insurance with $1,000,000 minimum limit per accident for bodily injury and property damage.
x Automobile Liability Additional Insured Endorsement naming the following as additional insured:
“City of Manteca, its officers, officials, employees, agents, and volunteers”.

Worker’s Compensation
As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Professional Liability (Errors and Omissions)
Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate
Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Manteca, its officers, officials, employees, agents and volunteers are to be covered as insured’s as respect to: liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 and CG 20 37 if completed operations coverage is required.

2. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers, shall be excess of the Consultant’s insurance and shall not contribute with it.

RFP
ATTACHMENT 5
38 05/14

3. The applicant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of Manteca.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Manteca reserves the right to require complete, certified copes of all required insurance policies, including endorsements required by these specifications, at any time.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Manteca
Waiver of Subrogation
Consultant hereby grants to The City of Manteca a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that The City of Manteca is an additional insured on insurance required from subcontractors.

SPECIAL RISKS OR CIRCUMSTANCES
The City of Manteca reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.

RFP
ATTACHMENT 5
39 ATTACHMENT 2
CONSULTANT’S PROPOSAL
ATTACHMENT 5
40 Proposal | Prepared for
City of Manteca
Construction Management
and Inspection Services
Well 29 TCP Treatment Project
November 16, 2023 // CIP 22058
ATTACHMENT 5
41 November 16, 2023
Kyzen Nicolas, Assistant Engineer and Frank Guillory, Senior Engineering Technician City of Manteca
1001 W. Center Street
Manteca, California 95337
[email protected] and [email protected]

Proposal for City of Manteca Construction Management and Inspection Services for the Well 29 TCP Treatment Project
Dear Mr. Nicolas and Mr. Guillory,
The City of Manteca (City) is seeking a construction management (CM) and inspection team to oversee the Well 29 TCP Treatment Project. This project will require an efficient, consistent, responsive partner with a strong understanding of water and well regulations — Brown and Caldwell (BC) is that partner.

We offer an experienced Construction Management Services (CMS) team who will emphasize and foster collaboration between City departments, designer, and contractor to deliver quality infrastructure while minimizing impacts to budget, schedule, City staff and the surrounding community. Additionally, the City of Manteca will realize the following benefits with our selection:

Trusted and Efficient
We are currently executing the Nile Garden Well 30 project for the City as well a very similar well TCP treatment project for San Juaquin County at Raymus Village. Our approach realizes the efficiencies in utilizing the same team for these projects on the Well 29 project. Their deep understanding of potential challenges and needs will provide the City with a consistent, efficient, and trusted team who are committed to executing this project in close collaboration and in the best interest of the City.

Knowledgeable Schedule Development and Execution
Where others have struggled, we will succeed in the execution of paced and efficient schedules, informed by immediate engagement and coordination with Contractor and City personnel and early identification of anticipated challenges. Because we are currently executing a similar project, we maintain a realistic understanding of procurement and lead times for equipment. The City can rely on our team to coordinate with project stakeholders to develop an efficient and workable schedule that will meet the needs of the project.

An Informed, Local Approach
We have successfully performed work for most of the major regional agencies, including the City of Manteca, as well as County of San Joaquin, the City of Modesto, the City and County of Sacramento, and multiple water districts. Our regional knowledge provides us with familiarity of local issues, regulations, and policies; an extensive understanding of how each agencies’ systems tie into each other; and an understanding of water quality needs. Our staff will approach this project as an extension of staff to provide the City to get this project done to the scrutinous standards of the City.

We invite you to read more about our project team, qualifications, and experience on the following pages. Per the RFP, this proposal will remain valid for at least 180 calendar days from November 16, 2023. If you have questions, please contact Stephen Walters at 916.365.9292 or [email protected] with any questions.

Truly yours,
Brown and Caldwell
Stephen Walters, PE, QSD/P Elizabeth Durazo
Resident Engineer/Project Manager Principal-in-Charge; Quality Assurance/Quality Control Proof of Signature Authority included as Appendix B

FIRM CONTACT /

AUTHORIZED STAFF
Elizabeth Durazo,
Principal-in-Charge
Brown and Caldwell
11020 White Rock Rd, Suite 200
Rancho Cordova, CA 95670
T | 916.853.5303
ATTACHMENT 5
42 Section 1: Firm Qualifications
Trusted and Local
Construction Management
and Inspection Services
Brown and Caldwell (BC) is a recognized leader providing planning, design, and construction services for water, wastewater, infrastructure, and environmental projects.

Construction Management (CM) is a core service for BC, and our local experience spans five offices and touches every aspect of construction.

Over the past 35 years, BC has managed over 200 local projects with a construction value of more than $2B.

BC is comprised of more than 2,000 professionals in 52 offices throughout North America and the Pacific, creating solutions to help municipalities, private industry, and government agencies successfully overcome their most challenging water and environmental obstacles.

Financial Health
Established in 1947, Brown and Caldwell (BC) provides environmental engineering and consulting services to public agencies, government, and private industry.

As a privately-held corporation, BC does not generally release financial information. BC has a strong balance sheet and excellent credit references. There are currently no conditions that would materially impact our ability to complete your project. We are confident that our financial condition will enable us to serve your needs.

Subconsultants
Twining
Materials Testing
Twining has more than 30 years of experience providing structural materials testing and inspection of drinking water, storm, water, and wastewater systems. They have a strong presence and history serving clients in Northern California water and sewer including the City of Modesto, North Valley Regional Recycled Water Program, City of Roseville Pleasant Grove Wastewater Treatment Plant, Donner Summit Wastewater Treatment Plant Emergency Storage Tank, City of Walnut Grove Water Tank and Pump Station, and City of Vacaville Easterly Wastewater Treatment Plant.

Port City
Public Outreach
Port City is a full-service marketing and communication agency located in the Central Valley of California and have been in business for 10 years. Port City specializes in public outreach business though collaboration with Judith Buethe Communications. Based in Stockton, PCMS brings local experience to the Project. Recent work includes the Del Rio Community Water System Program, Hickman Road over Tuolumne River Bridge, and the 7th Street Bridge projects.

They are currently working with the actively involved Del Rio Community on the McHenry Widening project.

ATTACHMENT 5
43 Well Program – Design, Rehabilitation, and Construction Services Sacramento Suburban Water District, California
As part of a series of multi-year on-call engineering services contracts, BC has rehabilitated and modified more than 25 wells for the Sacramento Suburban Water District.

BC’s work on this project has extended the life of aging infrastructure throughout the metropolitan Sacramento area, allowing Sacramento Suburban Water District to provide safe and reliable water supply at a fraction of the cost of new facilities. In addition to designing a rehabilitation or modification for each well, BC oversaw the drilling contractor for compliance with each design and to adjust the design in the field, as conditions required. BC also provided full CM services for the equipping portion of Well 79.

Well N71// BC reconditioned the existing well site located in the City of North Highlands by performing mechanical and chemical well rehabilitation, conducting pump tests, and selecting permanent pumping equipment based on post-rehabilitation data. The project also included the installation of a new reconfigured 5,000-gallon hydropneumatic tank.

Well 79// BC provided design and CM services for the surface equipping of a potable supply well with a design flow of 1,200 gpm. ASR components and control strategies were incorporated into the final project. The project includes site work, well pump, discharge equipment and instrumentation, injection equipment and a CMU well building with electrical equipment and chemical injection equipment.

Well 59// Located in the City of North Highlands, Well 59 was put out of service due to high manganese concentrations. An investigation, led by BC, identified a deep waterbearing zone as the major source of manganese. Explosives placed downhole were used to push cement into the deep zone to seal it off. The well modification was successful in lowering manganese concentrations in water produced by the well, and the well was placed back into operation.

BC KEY STAFF
Mike Wademan, Well Design
Liz Durazo, Construction Manager
Casey Kirk, Deputy Construction
Manager/Lead Inspector
Dane Forsberg, Electrical Design &
Inspection
Nile Garden Well 30 Water Project
City of Manteca, California
With a highly responsive, local team, BC can anticipate project challenges, implement assertive quality control measures, and provide immediate solutions to successfully deliver this project.

The City is embarking on the drilling and equipping phases for the new Well 30 located in the southeast corner of Palmer Memorial Park in South Manteca. The City, along with Manteca Unified School District, has secured $5 million from the State Water Resources Control Board allowing the Project to move forward. The new well will bring much needed reliability and treatment to the City’s potable groundwater supply south of Woodward Avenue, but specifically to the elementary school.

The City sought a an efficient, consistent, responsive construction management partner with a strong understanding of water and well regulations. BC is providing contractor oversight, field inspections and document control as well as specialty services including labor compliance, materials testing and specialty inspections, permit compliance and public outreach.

While Well 30 is still in the preconstruction stage, the groundwork for a successful project has been set. We are demonstrated our commitment to the City and our value to the project by taking the lead in developing a Labor Compliance Program and shepherding it through the State’s Department of Industrial Relations. We have also advised the City on the environmental documents and compliance program and have begun to develop our project-specific public outreach program.

BC KEY STAFF
Stephen Walters, PE, QSD/P,
Project Manager
Liz Durazo, Principal in Charge
Wil LaPlante, Construction
Inspector
Mike Wademan, PE, Well Subject
Matter Expert
Dane Forsberg, Electrical
Inspector
Port City Marketing Solutions,
Public Outreach
Twining, Materials Testing &
Specialty Inspections
ATTACHMENT 5
44 Raymus Village TCP Mitigation Project
San Joaquin County Department of Public Works, California With an efficient team, BC can provide technical expertise and guidance to budget sensitive Special District projects in the Central Valley.

BC is providing part-time construction management and inspection services for this $2.8 million wellhead treatment project. The Raymus Village TCP Mitigation Project consists of installing a Granular Activated Carbon (GAC) treatment facility to remove TCP. The new system includes two automated sequences (trains), a sand separator, and a backwash tank. Construction also includes modification of yard piping, electrical systems, and civil site, security, and landscaping improvements,
San Joaquin County Public Works manages over 100 special districts that includes 52 wells. Each district has a separate capital improvement program (CIP) and budget. Most budgets are limited due to small number of customers and below average rates. This makes cost control extremely important when administering CIP projects. BC worked with the County to develop a budget friendly work plan that leveraged the County’s strengths in administering typical public work projects and BC’s expertise in constructing drinking water facilities. Our local staff allows us to provide part-time field observation that maintains a consistent presence at a reduced cost.

The existing well site is situated in a park with houses on two sides. No public outreach was conducted prior to the start of construction so neighbors were surprised once the GAC vessels were put in place. Also, per design, the 15-foot-tall backwash tank is located adjacent to the neighbor’s fence. Within days of concerns being brought forward, BC provided cost estimates of alternative site layouts to guide the County in the approach with the residents. BC quickly communicated with the contractor and negotiated a temporary suspension of work to minimize impacts to schedule and potential cost of rework. We are currently assisting the County with developing and negotiating additional site features and private property improvements to address neighbors’ concerns.

BC KEY STAFF
Stephen Walters, PE, QSD/P,
Project Manager
Liz Durazo, Principal in Charge
Wil LaPlante, Construction
Inspector
Mike Wademan, PE, Well Subject
Matter Expert
Twining, Materials Testing &
Specialty Inspections
Well Design and Construction Services
City of Modesto, California
Stephen Walters has been providing CM and project management services for the City of Modesto for 15 years and has demonstrated his ability to mitigate design challenge impacts to the construction schedule.

Well 71 (Well 226 Replacement). BC provided design and CM services for this recently completed $3.5 million project. This project consists of design, drilling and equipping a new 1,500-gpm well, construction of pump house, on and off-site improvements and a stand-by generator.

Grayson Well 69 (Well 274 Replacement). BC is providing CM services for the $3 million project. This project consists of equipping a 400-gpm well pump, construction of a new well pump house, on and off-site improvements and a stand-by generator.

Del Rio Tank 14, Well 68 and Pump Station. At their previous firm, Stephen, and Rick, along with Port City Marketing Solutions (PCMS), oversaw the construction of the $10 million. This project consisted of a 1,000-gpm well, 1-MGD pump station and a 0.25-MG steel storage tank, and granular activated carbon (GAC) wellhead treatment. PCMS fostered trust between Del Rio and City by organizing a public meeting, chairing monthly progress meetings that included the City’s Mayor, and having frequent informal conversations with Del Rio liaison. Both these efforts minimized impacts to the City.

BC KEY STAFF
Mike Wademan, Well Design
Stephen Walters, Construction
Manager
Rick Sasser, Lead Inspector
Port City Marketing Solutions,
Public Outreach
ATTACHMENT 5
45 Section 2: Project Team
High Performing and
Committed Team
Brown and Caldwell (BC) has a proven track record meeting our client’s needs with high performing teams, high quality deliverables, project agility and speeds, and our ability maintain staff and budget commitments.

Led by Project Manager/Resident Engineer, Stephen Walters, the BC team presented below will leverage our expertise in issue resolution, schedule management, cost control, inspections, materials testing, and public coordination to achieve the goals of this project. A description of our proposed team can be found on the following pages. The BC team will work closely with you and leverage our internal resources to meet project work, schedule, and budget requirements.

Our project team will remain constant for the City and will only change with written approval by the City.

Figure 2-1. BC Team Organization Chart
ATTACHMENT 5
46 Stephen Walters, PE, QSD/P Project Manager/ Resident Engineer Stephen will be your primary point of contact and will
organize communication and coordination of the team with a commitment to resolve any issues in a timely manner.

Stephen’s experience is unique in that, over the past 20 years, he has served as both a water/wastewater designer and construction manager and inspector. This background allows him to bridge the gap between our design and field staff and foster a collaborative environment, making him the best manager to successfully deliver this project.

LOCATION
Sacramento

YEARS WITH BC
2 years

EDUCATION
BS, Civil Engineering,
California Polytechnic State
University, San Luis Obispo,
2000

REGISTRATION
Professional Engineer,
California, No. C65342,
2003
Qualified SWPPP
Developer/Practitioner,
California, No. 01060,
2011

CERTIFICATIONS
Certificate Local Assistance
Resident Engineer
Academy, Institute of
Transportation Technology,
2008
Confined Space Trained,
2016
Competent Person Training
for Excavations, 2016

RELEVANT EXPERTISE
Construction Management
Constructability Reviews
Structures Construction
Civil Improvements
Electrical/ I&C Systems
Multiple Web-based
Construction Management
Software (eBuilder, Procore,
VPM)
Nile Garden Well 30 Water Project,
City of Manteca, California
Project Manager and Resident Engineer.

Stephen is providing full-service
construction management services for
Phase 1 – Well Drilling of the City’s Well 30
Water Project. The new well will bring much
needed reliability and treatment to the City’s
potable groundwater supply south of
Woodward Avenue, but specifically to the
elementary school. BC is providing
contractor oversight, field inspections and
document control as well as specialty
services including labor compliance,
materials testing and specialty inspections,
permit compliance and public outreach.

Stephen also oversaw the constructability
review for Phase 2 – Well Equipping
providing valuable feedback to the City for
consideration during the bid period.

Raymus Village TCP Mitigation
Project, San Joaquin County,
California
Project Manager and Construction Manager.

Stephen is providing project and
construction management services for this
$2.8 million project. The Raymus Village TCP
Mitigation Project consists of installing a
Granular Activated Carbon Vessel (GAC)
treatment facility to remove TCP from
drinking water. BC is providing project
oversight and management, documentation
and document control, contract
administration, construction management,
quality control, inspection, and testing, as
well as materials testing and will be
assisting with start-up, closeout, and
acceptance.

Family Entertainment Zone Phase 1
Underground Utilities, City of Manteca,
California
Project and Construction Manager. Stephen
oversaw a full-service CM and inspection
team for this $9M underground utility
project. The project constructed over 1,500
feet of new 18-inch waterline, 4,000 feet of
deep 48-inch sewer trunk and 1,100 feet of
54-inch storm drain. Even though the
awarded contract was $2.5 million below the
second lowest bid, this project was delivered
$400,000 under the construction budget
and $70,000 under the CM budget.

Well 71 Surface Improvements and
Grayson Well 69; City of Modesto,
California
Construction Manager.

Stephen provided engineering services
during construction and construction
management services for Well 71, a $2.5
million well equipping project that replaces
the City’s abandoned Well 226.

Stephen is providing construction
management for the Grayson Well 69
project. This $3 million well equipping
project consists of 400-gpm well, new well
building, standby generator, and civil site
work. The City specifically requested Stephen
for the projects because of his experience
with City standards and staff, and potable
water construction.

ATTACHMENT 5
47 Elizabeth Durazo Principal-In-Charge
Elizabeth “Liz” will check-in with Stephen regularly to confirm the project is running smoothly, as well as provide QA/QC oversight.

Liz oversees the heavy construction aspect of potable water and sewer systems and treatment plants. As Principal-In-Charge, Liz focuses on budget, schedule, and providing the right team for each clients’ needs. She has extensive experience in conflict negotiations and prides herself on bringing teams back to a common goal of successful project completion.

Liz’s roles include supervising and training inspection staff, engineers, engineering technicians and clerical staff. Additionally, Liz has provided onsite inspections for some of the largest condition assessment projects in California.

LOCATION
Sacramento

YEARS WITH BC
10 years

EDUCATION
BS, Civil Engineering,
California State University,
Sacramento, 1998

TRAINING
National Association of
Sewer Service Companies
(NASSCO) Certified in
Pipeline Assessment
(PACP), Lateral Assessment
(LACP), and Manhole
Assessment (MACP)
NASSCO - Inspector
Training and Certification
Program (ITCP) for CuredIn-Place Pipe (CIPP) and
Manhole Rehabilitation
Cal-OSHA
Excavation/Trench Safety
Confined Space Entry
(Hands-On)

RELEVANT EXPERTISE
Supervision of inspectors
Technical writing
Design engineering and
supervision
Transportation, water and
wastewater projects
Pleasant Grove Wastewater Treatment
Plant Expansion and Energy Recovery
Projects, City of Roseville, California
Project Manager. These are both designassist projects that include the construction of new primary clarifiers, solids thickening,
anaerobic digesters and control building,
digested sludge, centrate storage tank
conversions, new biogas upgrading system,
high strength waste (HSW) receiving station,
HSW storage, energy recovery building, and
compressed natural gas (CNG) fueling facility.

Liz works closely with the design staff,
contractor, and the City’s engineering and
operations staff to ensure the project remains
on schedule. She’s in charge of City and CM
team sub-contractors invoicing and billing,
and leads meetings with City staff to keep
them informed of budget and potential
issues.

Well 79 Verner, Panorama Surface
Equipping, Sacramento Suburban
Water Company, California
Construction Manager. BC was retained to
design, provide bid period services,
construction office services, and
construction management for the surface
equipping of a potable supply well with a
design flow of 1,200 gpm. ASR components
and control strategies were incorporated into
the final project which included site work;
well pump; discharge equipment including
pipe, fittings, and instrumentation; injection
equipment including a downhole flow control
valve, pipe, fittings, and instrumentation;
CMU well building; electrical equipment; and
chemical injection equipment. Liz was the
construction manager and coordinated field
meetings and worked closely with the design
engineer and contractor to provide solutions
in a timely manner.

On-Call Owner’s Representative Surface Water Pipeline Construction, City of Davis, California
Owners Advisor/Construction Oversight. With construction of the Woodland-Davis surface water treatment plant, which delivers 12 million gallons per day of treated water, the City of Davis had to complete a series of infrastructure improvements. The City needed an extension of their staff to oversee this work and BC acted as the Owner’s Advisor, responsible for managing consultants and contractors. One major improvement was to transition their potable water from wells to treated surface water. As the Owner’s Advisor for construction activities, Liz oversaw all aspects of construction during the installation of the surface water pipeline. She coordinated directly with the Construction Manager, Contractor, and City staff on a daily basis and provided input to the City for any decisions required during construction.

Liz worked closely with City’s Public Information staff and the Contractor to ensure that the public was kept informed throughout the construction process.

ATTACHMENT 5
48 Mike Wademan, PE
Well Subject Matter Expert
Mike specializes in water supply well designs, including well drilling and well equipping projects.

Mike is a water resources engineer with 22 years of engineering experience in infrastructure master planning, permit compliance, potable water and wastewater facility design. Mike also has extensive compliance experience in water and wastewater projects, particularly permitting water supply wells. Mike has managed a wide range of projects of various sizes, and has led large, diverse teams to accomplish successful projects. He has also served in Owner’s Advisor roles for the City of Davis surface water pipeline and meter replacement/AMI projects, and the Soquel Creek Water District Pure Water Soquel projects.

LOCATION
Davis

YEARS WITH BC
9 years

EDUCATION
M.S., Civil Engineering,
University of California,
Davis, 2000
B.S., Petroleum
Engineering, University of
California, Berkeley, 1995

REGISTRATION
Professional Engineer,
California, No. 65000,
2003
LEED Accredited
Professional, 2009

RELEVANT EXPERTISE
Potable water well design
and permitting
Construction inspection
Master planning for water,
wastewater, and recycled
water infrastructure
SB610/221 document
preparation
Wastewater regulatory
compliance
Recycled water permitting
Pure Water Soquel, Soquel Creek
Water District, California
Owner’s Advisor. BC is currently serving as
Owner’s Advisor to the Soquel Creek Water
District for the Pure Water Soquel project.

Mike the well lead, which includes the
design and construction oversight of three
seawater intrusion protection (SWIP)
injection wells, ten monitoring wells, and
equipping of SWIP wells. As part of this role,
Mike has reviewed construction documents,
coordinated well design and construction
inspection teams, led design and
construction progress meetings, prepared
front-end specifications, and coordinated
with permitting agencies among other tasks.

Well 71 Replacement, City of
Modesto, California
Project Manager. Mike completed the design
of a 1,500-gpm well drilling and equipping
project for the City of Modesto to replace the
abandoned Well 226. Well 71 provides
potable water to meet the City’s water
demands and increase pressure in the area
near the well. The well has been drilled and
will be equipped with a vertical turbine
pump. The BC drilling design included depth
specific sampling to characterize
groundwater quality at different depths. This
information was used to design the well to
optimize the quality of water produced from
the well.

Well N36 Replacement Pump Design,
Sacramento Suburban Water District,
Citrus Heights, California
Project Manager. Mike served as project
manager for the design and construction
oversight of a replacement well pump for
SSWD’s Well N36 located in Citrus Heights,
California. Demand scenarios and the
condition of the well were considered in the
design of the replacement pump. A
submersible pump was selected due to
concerns over that misalignment in the well
may cause the shaft of a vertical turbine
pump to bind.

Well 7-23E Replacement, Maricopa
Water District, Surprise, Arizona
Project Manager. Mike led the design of a
1,000-gpm well drilling and equipping
project for the Maricopa Water District to
replace a well that was abandoned due to a
road widening project. Well 7-23E will initially
provide a source of irrigation water but has
been designed to meet potable water
standards so the well can be used as a
potable water supply in the future. The well
was drilled to a depth of 1,000 feet and
constructed of 20-inch high-strength lowalloy steel. The well was equipped with a submersible pump set at a depth of 665
feet. Electrical equipment is housed in
exterior panels under a shade structure.

ATTACHMENT 5
49 Wil LaPlante
Construction Inspector
Wil is prepared to lead all inspection activities through construction. He is your boots on the ground and will make LOCATION sure the project stays on track.

Sacramento

YEARS WITH BC
2 years

RELEVANT EXPERTISE
Construction Inspection
Contractor
Technical Review
Safety Awareness
3rd-party special material
testing inspections
Scheduling
Wil’s experience is in public works construction and maintenance projects in Northern California, including water and wastewater infrastructure, conveyance system construction, underground construction, structural concrete installation, and landscape installation. Wil is currently providing inspection services for the San Joaquin County’s Raymus Village TCP project that is installing GAC tanks and site improvements just like what will be at the City’s Well 29. Wil is scheduled to provide inspection service for Phase 1 of the City’s Niles Garden Well 30 project and provided valuable feedback on Phase 2 – Well Equipping during BC’s constructability review.

PROJECT EXPERIENCE:
− Nile Garden Well 30 Water Project, City of Manteca, CA − Raymus Village TCP Mitigation Project, San Joaquin County, Manteca CA − Soquel Pure Water Seawater Intrusion Protection (SWIP) Wells, Soquel Creek Water District, Santa Cruz, CA
− Patterson Pass Water Treatment Plant Ozonation and Upgrades, Zone 7, Livermore, CA Dane Forsberg, PE
Electrical Inspector
A licensed electrical engineer and ICC commercial
electrical inspector, Dane will provide electrical inspection support.

LOCATION
Sacramento

YEARS WITH BC
4 years

EDUCATION
B.S., Mechanical Engineering,
California Polytechnic State
University, San Luis Obispo

REGISTRATION
Professional Engineer,
Electrical, E23627, California,
2021
Commercial Electrical
Inspector,
International Code Council
(ICC), Certificate No. 9752135
Dane is an electrical engineer (and ICC commercial electrical inspector) who has over 15 years of experience designing electric power and control systems for water and wastewater treatment plants, solar photovoltaic, and energy storage facilities. The systems he has designed include motor control centers, variable frequency drives, transformers, switchgear, and inverters. Dane has designed instrumentation and control (I&C) systems including wired and wireless networking hardware, PLCs, field instruments, SCADA, and fiber-optic communication.
− Secondary Treatment Upgrades, Palo Alto Regional Water Quality Control Plant, City of Palo Alto, California
− Pleasant Grove WWTP, City of Roseville, California
− Well Program, Sacramento Suburban Water District, California − Aquifer Storage and Recovery Project, Westlands Water District, California ATTACHMENT 5
50 Licenses Per RFP requirements, our team includes key team members with applicable licenses. Professional Engineering licenses are provided below.

Team Availability
Key personnel will be available to the extent proposed for the duration of the project.

Per RFP requirements, the below table represents our level of commitment to current assignments and availability to serve the City of Manteca. The staff included in this proposal will be available to the extent proposed and reflected in our Cost Proposal to serve the City Manteca and deliver a successful project.

We are committed to providing and maintaining this team for this project; however, should the team require additional resources, we can call on our expansive network of experienced professionals to provide additional execution support pending written concurrence from the City.

Table 2-2. Team Availability
Team Member / Availability Level of Commitment
Stephen Walters
Available for Manteca: 40%
Current Commitments:
― Nile Garden Well 30, City of Manteca // 20%
― Raymus Village, San Juaquin County // 10%
― Grayson Well 69, City of Modesto // 20%
Liz Durazo
Available for Manteca: As Needed (~10%)
Current Commitments:
― Well 79, Sacramento Suburban Water District // 25%
― Various CM and Inspection Projects // 40%
Michael Wademan
Available for Manteca: As Needed (~10%)
Current Commitments:
― Various Design Projects // 85%
Wil LaPlante
Available for Manteca: 100% when field work commences
Current Commitments:
― Nile Garden Well 30, City of Manteca // 30%
― Raymus Village, San Juaquin County // 10%
Dane Forsberg
Available for Manteca: 25%
Current Commitments:
― Various Design and Inspection Projects//90% (until
needed on Well 29)
ATTACHMENT 5
51 Section 3: References
The below references correspond to projects provided in Section 1, Firm Qualifications, of our response.

Table 3-1. References
Project // Client Reference
Well Design and Rehabilitations
Sacramento Suburban Water District, California
John West, President // Auburn Constructors
730 W. Stadium Ln, Sacramento, CA 95834
P | 916.924.0344
Well CM Support
City of Modesto, California
Jerry Casado, Construction Inspector // City of Modesto 1010 10th Street, Modesto, CA 95354
P | 209.577.5314
Nile Garden Well 30 Water Project
City of Manteca, CA
Elba Mijango // City of Manteca
1001 W. Center Street, Manteca, CA 95337
P | 209.456.8426
Raymus Village TCP Mitigation Project
San Juaquin County DPU, California
Robert I. Davalos, PE // San Joaquin County Department of Public Works 1810 E. Hazelton Avenue, Stockton, CA 95205
P | 209.468.3697
Section 4: Joint Work
BC takes great care in reviewing and selecting subconsultants based on past work together and specific client and project needs. Below is a summary of past work completed with our proposed materials testing subconsultant, Twining and our public outreach subconsultant, Port City.

Table 4-1. Joint Work
Subconsultant Project Roles
Twining
Sacramento Suburban Water District – Well 80 BC, Design and CM Services / Prime; Twining, Materials Testing Sacramento Suburban Water District – Well 81 BC, Design and CM Services / Prime; Twining, Materials Testing City of Roseville – Pleasant Grove Primary and Digester Construction Management
BC, Design and CM Services / Prime; Twining, Materials Testing Sacramento Suburban Water District – Well 79 Verner Equipping BC, Design and CM Services / Prime; Twining, Materials Testing City of Sacramento, CM Coke and Triangle Liftstation BC, CM Services / Prime; Twining, Materials Testing Soquel Creek Water District – Pure Water Soquel Program BC, Owners Advisor / Prime; Twining, Materials Testing City of Sacramento Pump Outfalls Replacement CM BC, CM Services / Prime; Twining, Materials Testing City of Manteca, Nile Garden Well 30 Water Project BC, CM Services / Prime; Twining, Materials Testing San Joaquin County DPU, Raymus Village TCP Mitigation Project BC, CM Services / Prime; Twining, Materials Testing Port City
City of Manteca, Nile Garden Well 30 Water Project BC, CM Services / Prime; Port City, Public Outreach City of Modesto, Del Rio Tank 14, Well 68 and Pump Station Stephen Walters / Construction Management*; Port City, Public Outreach * experience of BC resident engineer/PM while with previous firm ATTACHMENT 5
52 Appendix A: Additional Pertinent Information
Project Understanding and Approach
City personnel time is valuable. BC focuses on the details and has your best interest in mind. We keep you fully informed without overburdening you.

Project Understanding
A thorough understanding of a project’s inception, design intent, funding sources, schedule and critical success factors is key to anticipating challenges, developing solutions, minimizing negative cost and schedule impacts. The following section demonstrates our understanding of your project and the services you need to deliver this important infrastructure.

Project Overview
In December 2017, the California State Water Resources Control Board (SWRCB) adopted maximum contaminant levels (MCL) for 1, 2, 3-Trichloropropane (TCP) in public water systems. The City’s Well 29 facility has TCP levels exceeding the MCL and requires additional treatment systems to maintain compliance. The project consists of installing a Granular Activated Carbon Vessel (GAC) treatment facility. The new system will include three automated sequences (trains) that process potable water through activated carbon filtration systems to remove the TCP. These new treatment trains will operate upstream of the existing arsenic removal system and will allow the City to run the facility at its maximum output providing reliable water supply and system pressure while maintaining compliance with the State’s Division of Drinking Water requirements.

The Well 29 facility is located on the west side of Yosemite Village Park. It currently consists of a well building, arsenic treatment system, backwash tank, emergency generator and diesel fuel tank. The new TCP treatment trains will be located to the east of the existing well building and consist of six 18-foot tall, 12-foot diameter steel vessels. Each train will have its own valve manifold and set of instruments to control and monitor the treatment process. New piping will be installed to connect the TCP treatment to the existing arsenic feed line and the existing backwash tank. The project will furnish and integrate new electrical and controls system to automate and monitor the TCP treatment system. Site work includes additional paving to improve maintenance access, additional planting and irrigation to improve aesthetics and equipment screening, and park improvements such as resurfacing the adjacent basketball court and replacing the baseball backstop structure.

Figure 1. Future Site of New GAC Treatment at Well 29 Figure 2. GAC Treatment at Del Rio Tank 13, Well 68 and Pump Station ATTACHMENT 5
53 The Project was recently bid and the apparent low bidder is Conco-West, Inc. at $3,278,000. This is $682,000 below the Engineer’s estimate of $3,960,000. Nearly $2 million of the project’s cost is in the GAC treatment system. Based on the project specifications and responses to bidder’s questions, we anticipate the GAC system will be provided by Calgon Carbon Corporation. Another $700,000 is allocated to mechanical, electrical, controls and instrumentation.

Approximately $500,000 is budgeted for site civil, landscaping, and park improvements.

Anticipated Project Schedule
Unlike design or planning contracts, the timing and interdependency of CM services and deliverables are difficult to predict since construction phase schedules are largely dictated by the contractor. Most of our services and deliverables are provided throughout the duration of the contract and will ebb and flow to match the contractor’s level of effort. We develop preliminary schedules based on contract durations, specified constraints, and our experience with similar work.

This schedule helps us define our staffing plan and level of effort, and to identify the project’s critical success factors.

We assume the Notice to Proceed for the Contractor will be issued in January 2024. The specifications allow 320 calendar days for Substantial Completion and 360 calendar days for Final Completion. Therefore, the new treatment system should be functional by 2025.

Based on recent experience, the GAC submittal, approval, and fabrication process will take about 7 months. This drives the start of field work, which we anticipate starting in June to be ready for GAC vessel delivery in July. Providing 9 months for electrical, controls and instrumentation approval and procurement puts equipment on site in September, allowing testing and commissioning to start in mid-October. This aligns with a Substantial Completion by the end of November. Punchlist and closeout activities will be complete by the end of December 2024.

Based on the above assumptions we have developed the following preliminary Project schedule. A detailed discussion of Challenges and solutions associated with the project schedule are included in our Project Approach section below.

Figure 3. Anticipated Construction and CM Services Schedules Scope of Services
The City is requesting a full-service Construction Management (CM) team to perform construction management, contractor oversight, field inspections and document control. In addition, the City is requesting public outreach, materials testing, and specialty inspections. Since a comprehensive Scope of Services is included in the RFP, we have not included a separate scope of work herein. We intend to provide services consistent with those outlined in the RFP and as recently provided for the Nile Garden Well 30 project. Our approach to key services is discussed in greater detail in our Project Approach section below. We look forward to preparing, presenting, and finalizing a scope of work that meets the Project’s and City’s needs. We previously worked through finalizing a scope of work with the City on the Nile Garden Well 30 project. Elements from this effort will be carried to the Well 29 project, providing the City with significant efficiencies to move this project forward in a more expedited manner.

Construction Schedule 2023 2025
Nov Dec Jan Feb March April May June July Aug Sept Oct Nov Dec Jan Feb NTP (Assumed)
GAC Submittal & Procurement
Field Work
Start-up & Testing
Substantial Completion (320 CDs)
Punchlist & Closeout
Final Completion (360 WDs)
Construction Management Schedule
Preconstruction Services
Construction Management Services
Field Observations
Materials Testing & Specialty Inspections
Public Outreach
Post Construction Services
2024
As Needed
ATTACHMENT 5
54 Project Approach
In this section, we discuss our methods to manage quality control, communications, conflict resolution, risk avoidance, cost and schedule control, file management, and public outreach. Throughout the section we demonstrate how we will draw on our experience to better support the City and the Project.

Quality Control // Team Dedication Leads to
Quality Projects
BC takes a proactive project management approach by providing our team a set of construction management processes and procedures. We prepare Quality Control Plans (QCP) that reflect the collective experience BC has constructing well facilities. These plans are consistent with the project specifications, City standards, permit, and funding requirements. Our QCPs detail the administrative and inspection, and auditing process that will be used for each project. They outline the project file structure, detail how submittal, RFI, change order, schedule, and cost will be managed. Our QCPs include our materials quality assurance program which details how permanent materials will be accepted, tested, and incorporated into the work.

Each of our staff understands their role and responsibilities in delivering high quality projects:
− As Project Manager, Stephen will be responsible for the development of the QCP, staff allocation, subconsultant management and schedule and cost control. − As Principle-in-Charge, Liz will be responsible for auditing the QCP and client wellness checks and satisfaction. − As Resident Engineer, Stephen will be responsible for the overall compliance with the QCP and Contract Documents.

He will work to identify potential constructability, design, permitting, or scheduling issues before they negatively impact the quality of the work.
− As Inspector, Wil will be responsible for the day-to-day implementation of the QCP. He seeks solutions at the field level and escalates proposed solutions, not just problems. He performs daily inspections and manages Specialty Inspectors and Materials Testers to help verify Contract compliance. He understands the importance of public safety, public convenience and perception and conducts himself as an extension of City staff.

Communication // Effective and Efficient Communications Keeps Team Informed and Agile
Our goal is simple; manage construction projects so City staff stays fully informed without being overburdened. BC will be the hub of all communication. We strive to foster effective communication and team collaboration between the Owner, Contractor, Designer, the public, utility companies and other stakeholders. We find that early engagement helps us understand the interests, concerns and expectations of each party and allows us to address them before they impede construction progress.

Stephen will be the primary point of contact for the City and responsible for the overall management of the Project, providing technical guidance and contract management. To provide consistent communication and dedication to you and your project goals, Stephen will meet regularly with the City Project Manager to discuss project status, construction issues, and our field personnel.

During construction we use a variety of tools to keep the City informed including access to up-to-date project files on our file management system CMIS, monthly status reports, progress meetings minutes, detailed daily reports, and daily communications. BC is efficient with submittals and RFIs and responds in a concise and timely manner to letters, reports, and change orders. We maintain effective verbal communication by holding preconstruction, regular progress meetings and special topic meetings. Our Inspectors will meet with foremen daily to discuss the work, safety, and traffic control, review the requirements of the plans and specifications, and schedule acceptance testing. Our Project Administrator will manage up-to-date project files, logs, and detailed meeting minutes.

BC Benefit//
Depending on the location of the
shop and as the project budget
supports, we recommend
performing periodic shop
inspections during GAC vessel
fabrication. We have done this
in the past and find that our
presence holds fabricators
accountable to their schedule
and QC checks. There are
multiple tank fabricators in the
Bakersfield and Inland Empire
area. Our subconsultant, Twining
has a strong presence in
southern California that will
make source inspections more
economical.

ATTACHMENT 5
55 Conflict Management and Resolution // Tailored
Approach to Manage Contractor Mentality
Regardless of project delivery method, BC’s approach to conflict management and resolution at project inception is always the same. We foster effective communication and a flexible collaborative environment that reduces conflicts and facilitates resolution when inevitable changes occur during construction. This approach is modeled after the Design-Assist project delivery method. We engage team members early in the project to leverage the collective experience and take advantage of input into the design. We also find this builds trust among team members that is invaluable when conflicts arise. BC has a proven track record implementing this approach. We have delivered 3 design-assist projects for the City of Roseville at an average of 5% under the Guaranteed Maximum Price.

However, there are times when a collaborative mentality is not well received by the contractor and conflicts can’t be productively resolved. To manage a claim-oriented contractor, BC quickly and assertively responds to frivolous RFIs and baseless claims, provides clear and detailed field directives, and develops independent and detailed cost estimates. In most cases, we find our documentation is better than the contractor’s, which assists us in negotiating or even nullifying baseless claims.

Documentation includes detailed daily reports, meeting minutes, formal, clear, and concise change directives, and regular schedule reviews.

Risk Avoidance // Identify Early and Provide Solutions to Minimize Risks The value of a construction management team lies within their ability to identify and avoid risks and develop potential solutions. BC has demonstrated this value by being a committed, trusted, and proven partner to our municipal clients like the cities of Modesto, Roseville, and Sacramento for the last 20+ years. We take a proactive risk assessment and avoidance approach throughout the life of a project. Below are just a few examples of how we do this - Prior to construction, we will review the Contract Documents looking for potential conflicts, sequencing issues, and potential value engineering opportunities.

During construction, we don’t just observe the work, we look ahead and advise the contactor about issues before they become problems. When issues arise, we strive to solve them at the lowest level. If that is not feasible or appropriate, we escalate potential solutions, not just the problem.

Leverage our Subject Matter Experts to provide expertise and guidance on the more technical issues. Specifically for the Well 29 TCP Treatment project we have drinking water treatment and permitting, electrical, instrumentation, startup, and commissioning experts available to support our CM staff.

BC Benefit//
Operations and Maintenance
(O&M) staff’s standards and/or
preferences are often not
incorporated into final designs.

Knowing this, BC will facilitate
conversations between
Engineering and O&M staff and
engage O&M staff during
submittal review or critical
equipment. This approach has
been proven to reduce costly
change orders after equipment
has been ordered or installed.

BC Benefit//
BC has strong working relationship with the apparently low bidder, Conco West. They are Stephen’s preferred contractor in the Central Valley for small to mid-sized water work projects. Together we have built over $15 million of drinking water storage, treatment, and pumping facilities. Like BC, Conco West has demonstrated they are solution-oriented. We have successfully worked through past challenges in a positive and productive manner. This shared approach and relationship will help deliver a high-quality treatment facility while keeping you fully informed without overburdening you.

ATTACHMENT 5
56 Cost and Schedule Management // Multifaceted
Approach Controls Cost and Schedule
Minimizing cost and schedule impacts is one of our most important roles as construction managers. Minimizing additional costs includes managing the construction budget and the construction management budget. Minimizing schedule impacts requires detailed review of critical path schedules as well as weekly look-ahead schedules and daily work plans.

We manage construction costs by holding the contractor accountable to the contract requirements. We instill in our staff that by knowing the project plans and specifications better and having better documentation than the contractor, change orders often can be avoided. We also engage the Design Engineer to provide that the design intent and all contract requirements are being adhered to. If a change order is necessary, we endeavor to resolve the issue quickly to avoid project delays. We also actively document extra work in the field and negotiate costs with the contractor to make sure the City is getting a fair price for any contract changes. BC also has in-house estimating experts that can provide independent costs if the construction team is at an impasse in negotiations.

To control our construction management budget, we provide efficient and flexible staffing plans. BC’s level of effort will fluctuate over the course of the Project. Stephen’s 20 years’ experience allows him to anticipate and develop a staffing plan to control the budget. Our local presence and depth of resources allows BC to mobilize staff on and off projects to match the ebb and flow of the contractor’s work. Many of our staff can provide construction management, field inspections, and office engineering duties. This minimizes billings during periods of limited activity. We also demand that our Inspectors take ownership of some administrative tasks like daily tracking of quantities, review of monthly progress payments, and tracking working days. Keeping these tasks at the inspector level lowers costs.

To encourage a timely construction completion, BC actively reviews and evaluates the contractor’s schedule. We will evaluate and scrutinize the contractor’s baseline schedule, schedule updates, and time impact analyses.

It is essential that all parties understand the schedule logic and critical path before construction begins. As construction proceeds, it is equally important that schedule updates accurately reflect progress to date. BC also has inhouse scheduling experts to support our CM team.

We also manage the project schedule on a weekly basis. Progress meetings are effective in identifying obstacles and producing solutions. The contractor’s three-week look-ahead schedules are required and discussed in detail. Potential schedule impacts such as construction issues, field conflicts, and construction staking, are dealt with by the project team before they become critical. We request that the Design Engineer attend these meetings as much as the budget permits, but at least once a month. We also utilize Weekly Statements of Working Days (WSWD) to document expired working days and rain days. These are issued weekly to the contractor, and they have 5 days to respond.

BC Benefit//
BC is nearing completion of a
Calgon GAC treatment system on
an existing well for San Joaquin
County. We will leverage lessons
learned to help keep the Well 29
project on track. For example,
pipe layout in the GAC shop
drawings can differ than that
shown on the plans. We will verify
the contractor is installing
underground pipe according to
approved shop drawings to help
rework.

BC Benefit//
Our Inspector, Wil LePlante, lives
20 miles from the site. BC has
active projects in North, Central
Manteca, and Modesto. Our
local presence allows us to
respond at a moment’s notice
and provide flexible and efficient
staffing plans.

ATTACHMENT 5
57 File Management Software Program // Right Sized Software Keeps Project on Budget and Schedule
There are so many file management programs available for the construction industry that it can be difficult to distinguish one from the other. Many of the larger off-the-shelf systems are programed to accommodate all types of projects. They often have features that are not useful for heavy civil and utility infrastructure construction, yet you pay for all options.

This is why BC evaluates the individual needs of a project and makes recommendations on which of BC’s preferred systems is most appropriate. For the Well 29 TCP Treatment project, we propose using the same system, called CMIS, that we are using on the Nile Garden Well 30 project. Using just one system makes project management for City staff more efficient. CMIS meets all the requirements listed in the RFP. Over the past 10 years, CMIS has been developed in collaboration with public agencies and construction managers specifically for public works projects. CMIS is based on Caltrans’ Construction Manual and Local Assistance Procedures Manual and designed to pass State audits.

BC are experts in administering projects with CMIS. Project Manager, Stephen, has used CMIS since its inception and helped beta test new modules. Inspector, Wil, is currently using CMIS on one of his projects.

Public Outreach // Engagement and Delivering on Commitments Reduces Complaints to City
BC has teamed with Port City Marketing Solutions (PCMS) to provide the Project with a comprehensive and proactive public outreach program.

Our multifaceted program is based on these four cornerstones – Identify Stakeholders and Concerns – PCMS will develop a stakeholder database. Prominent stakeholders on the Project will be residents adjacent to Yosemite Village Park. We will also work with the City to identify prominent watchdogs and member of the press (i.e. Manteca Bulletin) that may be interested in the project details.

Engage Public Prior to Construction – The key to engagement is meeting people where they are. We can hold a public forum at Yosemite Village Park and look for opportunities to couple our forum with other community events. We will provide a variety of communication methods like mailed letters and postcards, telephone and email hotlines, social media like Facebook, Instagram, Linked-in and outreach to traditional media outlets like the Manteca Bulletin.

We will provide content for the City’s website, or as an optional task we can host a project specific website. Lastly, we will offer outreach tools in multiple languages to maximize participation prior to construction.

Be Highly Visible During Construction – BC will be front-line representatives for the City. Our Construction Inspectors will be on site every day and interact with the residents and business owners to address their specific concerns. We will collaborate with the City and the Contractor to develop and distribute letters and door hangers to inform residents of the scheduled operations and expected impacts, as well as enforce and inspect the placement of no parking signs. All these actions are most effective when timely and accurate.

Deliver on Commitments – Nine times out of ten, a timely response to a concern diffuses the issue and simplifies the resolution. BC will be the first responder and if the issue cannot be resolved in the field, it will be elevated. To facilitate this happening, we will provide inspectors and the construction crews with business cards directing residents to the monitored project hotline and website. PCMS will review and distribute issues to Stephen for further consideration.

Stephen will evaluate, make recommendations, and achieve consensus with the City. This decision and communication back to the resident will be documented in a log for future reference.

BC Benefit//
BC CM teams primarily use two file
management systems: Procore and
CMIS. We evaluate and right size the
system to each project.

CMIS is typically 100% less expensive
than Procore and other similar systems.

Using CMIS on the Well 29 TCP project
will save the City about $4,000 without
sacrificing performance.

BC Benefit//
BC and PCMS are currently working with
the City to develop a public outreach
program for the Nile Garden Well 30
projects. We are developing a project
“brand” such that all correspondence
has a consistent look and messaging.

We will use this template to efficiently
provide the same services for the Well 29
project.

ATTACHMENT 5
58 Appendix B: Exceptions to the Professional Service Agreement We are committed to finding mutually agreeable contract terms, just like we did for your Nile Garden Well 30 project. We have reviewed the sample Standard Agreement provided in the RFP for CM Services for the Well 29 TCP Treatment Project. We request the following inserts/edits to the contract language for discussion during contract negotiations.

5. Method of Payment – Second sentence revise first
sentence to “City shall pay Consultant no later than 30 days after receipt of the monthly invoice by City staff.

Disputed amounts due may be delayed by City if
Consultant…” [Changes are made to clarify City will
review invoices within 30 days of receipt and may
withhold disputed amounts and release payment for
properly performed services.]

8. Ownership of Documents; Confidentiality – insert at
the end of paragraph 1 “City’s reuse of such
information for any project or purpose other than the
services pursuant to this Agreement is at the City’s sole risk.” [Inserted language are industry standard
exceptions to address reuse of Consultant’s work
product.]

8. Ownership of Documents; Confidentiality, paragraph
B after “or has become known to the related
profession” revise to “or has become known to the
related profession or becomes available to Consultant
by a third party who is not, to the knowledge of the
Consultant bound to retain such information in
confidence shall be deemed confidential. In the event
Consultant is compelled by subpoena, court order, or
administrative order to disclose any confidential
information, Consultant shall promptly notify District
and shall cooperate with District prior to disclosure so that District may take necessary actions to protect
such confidential information from disclosure.”
[Inserted language is industry standard carve outs for
confidential information.]

16. Insurance (B)4 revise to “Except for professional
liability, the insurer waives all rights of subrogation…” (B)(7) revise to “Acceptable endorsement forms are CG
20 10 11 85 or both CG 20 10 04 13 and CG 20 37
04 13 or equivalent.” [The 11/85 no longer is
commercially available (unless grandfathered in), BC’s
carrier will not provide the 10/01 due to language
pertaining to coverage for the additional insured’s sole negligence, which is inconsistent with the City’s
indemnity obligation. Therefore, neither endorsement is available to BC. Rather, BC can provide 07/04-
equivalent additional insured endorsements for
ongoing and completed operations or the 04 13.]
Attachment 4 Insurance Requirement for Professional
Services:

Commercial General Liability revise 3rd bullet to
“Commercial General Liability Additional Insured
Endorsement naming the following as additional
insured on 2004 or later issued endorsement forms:”
We interpret the unaltered language to mean the CG
20 10 10/01 or 11/85 (or 1993) additional insured
endorsements forms (and not the ISO coverage form).

BC's carrier can provide 2004 (07/04) or 2013
(04/13) or equivalent.

Other Insurance Provisions, Paragraph 1, revise to
“Consultant’s insurance at least as broad as CG 20 10
and CG 20 37, or equivalents…” [BC’s insurer the
Hartford will provide the equivalent form.]
Waiver of Subrogation, revise to “Consultant hereby
grants to The City of Manteca a waiver of any right to
subrogation, except for professional liability…” [BC can provide a waiver of subrogation on all policies except
for professional liability. It is typically not available on design professionals’ professional liability policies. It goes beyond industry standards.]
ATTACHMENT 5
59 Attachment 1: Proof of Signature Authority
Per RFP, Section 1.2 (page 4), please is proof of signature authority for Elizabeth Durazo.

ATTACHMENT 5
60 Office
11020 White Rock Road, Suite 200
Rancho Cordova, CA 95670
T 916.444.0123

ATTACHMENT 5
61 Scope of Services
The Consultant, Brown & Caldwell (BC) is pleased to present to the City of Manteca (City) our final proposal to provide construction management and inspection services for the Well 29 TCP Treatment project (Project). Our scope of work based on our review of the documents provided in the Request for Proposals dated October 23, 2023.

Construction management, project management and project administration services will be performed from our office in Rancho Cordova, CA. Inspection and testing services will be performed on site.

All deliverables to the City produced by BC will be provided in the editable format that the document was produced in, predominantly Microsoft Word, Excel and Project, and Adobe / Bluebeam. We will request editable documents when receiving and using documents from others, otherwise, documents from others will be delivered in the format in which they were provided to BC, predominantly PDF.

Scope of Work Outline
Phase 1 // Preconstruction Services ................................................................................................................ 2 Task 1.1 // Review Contract Documents ................................................................................................... 2 Task 1.2 // Kickoff Meeting ........................................................................................................................ 2 Task 1.3 // Preconstruction Meeting ......................................................................................................... 2 Task 1.4 // Preconstruction Photos ........................................................................................................... 2 Phase 2 // Construction Management Services During Construction ........................................................... 2 Task 2.1 // Project and Construction Management.................................................................................. 2 Task 2.2 // Change Management .............................................................................................................. 5 Task 2.3 // Construction Inspection........................................................................................................... 6 Task 2.4 // Materials Testing Services ...................................................................................................... 7 Task 2.5 // Public Outreach ........................................................................................................................ 8 Task 2.6 // File Management Software System ........................................................................................ 9 Phase 3 // Post Construction Services ............................................................................................................. 9 Task 3.1 // Substantial and Final Completion Services ........................................................................... 9 Task 3.2 // Final Operation and Maintenance (O&M) Manual Management ......................................... 9 Task 3.3 // Review and Submit As-Built Drawings ................................................................................. 10 Task 3.4 // Prepare Final Payment Request and Retention Release Recommendation .................... 10 Task 3.5 // Deliver Final Project Files ..................................................................................................... 10 ATTACHMENT 5
62 Phase 1 // Preconstruction Services
Task 1.1 // Review Contract Documents
BC will review contract documents including the plans, specifications, geotechnical reports, engineer’s estimate, project schedule, agency and utility agreements, and environmental permits to become familiar with the Project.

Task 1.2 // Kickoff Meeting
BC will lead a kick-off meeting with the City and Design Engineer to establish lines of communication, discuss project design and schedule, and identify the responsibilities of each party. Meeting can be held inperson or virtually via MS Teams. Consultant will review contract administration procedures such as submittal and request for information (RFI) management and change order review and concurrence.

Consultant will discuss the roles and responsibilities of the various City departments. BC will review any utility agreements, permit applications and/or right-of-way agreements.

Deliverables: Meeting agenda and minutes.

Task 1.3 // Preconstruction Meeting
BC will conduct an in-person preconstruction meeting with the City, Contractor, Design Engineer and major stakeholders. The City will provide meeting space and support technologies as needed. This meeting will review the project scope, contractual requirements, administrative processes, coordination efforts, specific project challenges.

Deliverables: Meeting agenda and minutes.

Task 1.4 // Preconstruction Photos
BC will record the pre-construction field conditions using digital photos.

Deliverables: Electronic copy of digital photos.

Phase 2 // Construction Management Services During Construction Task 2.1 // Project and Construction Management
Task 2.1.1 // Monthly CM Invoicing and Reporting
BC will prepare and submit a monthly cover letter to the City’s Project Manager concurrent with our monthly invoice. Our monthly report will summarize the CM tasks completed in the reporting period and CM budget.

Deliverables: Monthly report and CM invoicing.

Assumptions:
• Project duration for invoicing purposes is fourteen (14) months. • PM to spend two (2) hours per month reviewing and preparing invoices. • Project Analyst (PA) to spend three (3) hours per month preparing invoices. • Biller to spend one (1) hour per month issuing and transmitting invoices.

Task 2.1.2 // Schedule Review
While not responsible for the project’s schedule, BC will review and evaluate the acceptability of the Contractor’s construction schedule, including updates and revisions, in accordance with the Contract Documents. BC will utilize Microsoft Project or PDF copies of schedules to conduct reviews. This evaluation ATTACHMENT 5
63 will include soliciting City staff comments for the initial schedule review. The review of the initial schedule will emphasize compliance with specified durations and constraints.

After acceptance of the baseline schedule, BC will conduct reviews of the Contractor’s schedule updates to check that progress is acceptable, and variances are promptly addressed. When change orders are being negotiated, BC will evaluate the impact of change orders on the construction schedule to recommend eligible time extensions or reduction, depending upon whether there is an increase or decrease in the work.

Deliverables: Baseline and update schedule review comments Assumptions:
• Review of up to twelve (12) schedule including baseline, updates, and time impact analysis schedules. • CM to spend two (2) hours per review.

Task 2.1.3 // Water Pollution Control and Environmental Stewardship Compliance BC will support the City with the Contractor’s compliance with the project Water Pollution Control and Environmental Stewardship requirements. Primarily this includes Water Pollution Control Plan (WPCP), dust and noise control. BC will assist the City to review the contractor’s WPCP and verify the Contractor’s inspections of Best Management Practices (BMP) implementation, maintenance, and reporting in accordance with City guidelines. BC will review the contractor’s reports and inform them if reports are late or missing. BC will also monitor dust and noise control mitigation measures.

Deliverables: WPCP review comments; non-compliance notices Task 2.1.4 // Health and Safety Compliance
BC will review the Contractor’s compliance with workplace safety and health standards and regulatory requirements. BC will coordinate with the Contractor for submittal of their Injury and Illness Prevention Plan.

In this role, BC will verify that the Contractor has complied with the specifications and applicable regulations and has provided competent persons for on-site work. BC will inform the City of suspected safety violations.

BC will also develop a Field Work Safety Plan (FWSP) that outlines the safety protocols that BC employees and subcontractors will follow when on site.

Deliverables: Copy of final FWSP upon request.

Assumptions:
• BC has no authority to exercise control over the Contractor in connection with their work or health or safety programs and precautions. Except to protect BC’s own personnel and except as may be expressly required elsewhere in the scope of services, BC has no duty to inspect, observe, correct, or report on health or safety deficiencies of the Contractor.
• Safety Officer to spend four (4) hours preparing FWSP and four (4) hours auditing during construction.

Task 2.1.5 // Coordination and Communication
BC will be the main point of contact between the Contractor and the City Project Manager. BC will also assist in coordinating with other City Departments, utility companies, regulatory agencies, and other partners. BC will interact with the Contractor daily to be apprised of field activities, health and safety, and potential change in conditions. In conjunction with the Contractor and the City, BC will engage with utility companies during the USA, potholing, and construction phases. BC will conduct informal communications, generally on daily basis, with City staff. BC will track action items and responsible parties to proactively help resolve outstanding issues, eliminating extra costs or delays.

Deliverables: Documentation of key written and oral communications via email and memorandums to file.

ATTACHMENT 5
64 Task 2.1.6 // Progress Meetings
BC will hold progress and special topic meetings. Progress meetings will be held with the City and the Contractor to review construction progress. The Contractor is required to provide a 3-week look ahead schedule to facilitate discussions and planning of current and near-future activities. BC will review status of submittals, RFIs, change orders, field orders, and permit compliance. BC will discuss project safety and public convenience and outreach items. BC will identify critical items and assign responsible parties, specific action items and timelines to help resolve items before they impact schedule or cost. Special topics meetings will be held to discuss focused project issues and typically involve more and difference parties than regular progress meetings.

Deliverables: Written agenda and meeting minutes; current logs of outstanding submittals, RFIs, Field Orders, and potential change order (PCO)/contract change order (CCO).

Assumptions:
• BC to lead/attend a total of forty (40) progress and special topic meetings. • CM to spend an average of one (1) hour on each the meeting agenda and minutes. • Meeting duration will average one (1) hour.
• Progress meetings will be held once a week for the first few months and then average bi-weekly until project completion.
• Progress meetings will be held via Microsoft Teams. Special topic meetings will be held via Microsoft Teams and on-site as needed.

Task 2.1.7 // Pay Requests
BC will manage, review, and provide recommendations to the City for approval of the Contractor’s monthly payment applications. BC will meet with the Contractor to reconcile any differences between the amount requested and our estimate of work completed during the month. Prior to final recommendation submittal to the City, BC will check that the Contractor’s as-built drawings and certified payroll submissions are current.

Deliverables: Reviewed monthly progress payment applications and backup documents.

Assumptions: Processing of up to 12 progress payments.

Task 2.1.8 // Submittal Management
BC will screen and track submittals. Screening will include review for completeness. The review does not extend to safety and mean and methods as those are the Contractor’s responsibility. Submittals determined to be incomplete will be returned to the Contractor for re-submittal. Submittals determined to be reasonably complete will be transmitted to the City and Design Engineer for review. BC will distribute final review comments and return the submittal to the Contractor. For submittals returned to the Contractor that require resubmittal, the resubmittal shall be retained as an action item for discussion at the project meetings. BC will maintain a status log to help track compliance with specified review times.

Deliverables: PDF copies of final submittals. Current submittal log in progress meeting agendas.

Assumptions:
• Processing of up to eighty (80) submittals.

ATTACHMENT 5
65 Task 2.1.9 // RFI Management
BC will screen and track RFIs. When possible, BC will provide information from Contract Documents back to the Contractor. When additional information or input are required, the request will be routed to the City and Design Engineer for resolution. BC will distribute final response and return the RFI to the Contractor. BC will maintain a status log to help track compliance with specified review times.

Deliverables: PDF copies of final RFIs. Current RFI log in progress meeting agendas.

Assumptions: Processing of up to thirty (30) RFIs.

Task 2.2 // Change Management
Task 2.2.1 // Revised Documents and Field Orders
BC will administer all change directives on the project. BC will formally document and transmit all changes to the Contract Documents to the Contractor. If changes originate in the field or from a RFI or submittal response, BC will formalize the change with a Field Order upon receiving concurrence from the City. If changes originate from the Engineer, the City will issue a formal design clarification that is routed through BC to the Contractor. BC will maintain a revised plan sheet log and use it to verify the Contractor’s working set of plans and as-builts are up to date. This log will periodically be included in progress meeting agendas and reviewed at meetings.

Deliverables: Field Orders, current Field Order log in progress meeting agendas, and periodic revised plan sheet logs in progress meetings agendas.

Task 2.2.2 // Investigate Differing Site Conditions
When the Contractor identifies apparent changed conditions (as specified in the contract documents), BC will immediately document the conditions in detail using video and/or still photography, annotations on drawings and specifications, and samples of materials. BC will begin to track possible impacts on cost, productivity, schedule, and other variables related to the conditions. BC will coordinate a meeting with the Contractor and the City to determine necessary course of action to resolve the conditions encountered.

Deliverables: Written evaluation and initial assessment. Meeting minutes as applicable.

Task 2.2.3 // Potential Change Order and Contract Change Order Management BC will manage the PCO/CCO process. We will evaluate and negotiate Contractor’s PCO and make final recommendations to the City. BC will draft CCO packages for all City approved PCO’s. BC will do the following:
• Maintain PCO/CCO log all potential and approved CCOs to better track and manage the construction budget.
• Review contract documents to determine validity of requested cost and/or time. • Determine the appropriate method of payment.
• Coordinate with the City and Design Engineer to provide engineer’s estimates. • Review time-impact-analysis for CCOs involving requests for additional time. • Obtain City concurrence prior to issuing a PCO and/or starting CCO work • Authorize and record labor, equipment and materials used on force account work. Any force account work will be tracked on a Daily Extra Work Report or a report like a Daily Inspection Report. • Submit CCO packages to the City for approval and final processing. • Process and incorporate CCO work into the progress payment breakdown.

Deliverables: Current PCO/CCO log in progress meeting agenda. CCO documents for City’s final approve and processing.

ATTACHMENT 5
66 Assumptions: Review of up to fifteen (15) Contractor PCOs and development of up to five (5) CCO packages.

Task 2.2.4 // Potential Claims Management
BC will take the lead in assisting the City to resolve contract claims throughout the duration of the contract.

BC will log and respond to any Notice of Potential Claims and will prepare justification documents and supporting evidence regarding claims. BC will review Daily Reports for validity of contractor’s claims. The information will be assembled into a memorandum and submit to the City for its review and use. BC will be available to provide additional support during negotiations as needed. Claims resolution work, if any, will be performed as an extra work item, because the amount of work cannot be determined ahead of time.

Deliverables: Copies of Notices of Potential Claims and responses. Claim justification memorandums and supporting documentation.

Assumptions: Review of one (1) potential claim.

Task 2.3 // Construction Inspection
Task 2.3.1 // Field Observations
BC will provide part-time on-site inspection as described in the assumptions below. When on site we will review and inspect the Contractor’s work for compliance with the Contract Documents. BC will report nonconformance and construction deficiencies to the Contractor and the City. BC works collaboratively with the Contractor to take appropriate corrective actions, provide written confirmation to the Contractor, and document the completed work.

The Construction Inspector’s primary services include the following:
• Provide written daily inspection reports (i.e., diaries) on all activities performed by the Contractor. • Determine if the work and materials comply with contract documents. • Review and confirm that traffic control devices are in accordance with approved plans and California Manual of Uniform Traffic Control Devices (MUTCD)
• Verify the contractor is implementing safety plan and safe practices in accordance with OSHA regulations.
• Schedule materials testing and specialty inspections and coordinate corrective measures as required for failing materials
• Identify any potential flaws in the constructed product and provide feedback on proposed remedial action from the contractor
• Perform quantity calculations based on completed work • Take progress photos of the work and field conditions • Prepare punchlists and verify updates to as-built drawings as the work progresses The Construction Manager’s primary field responsibilities include the following tasks:
• Perform periodic site visits to observe the Contractor’s work. • Coordinate with the Inspector(s) to track progress, discuss and resolve field issues and provide engineering support
• Prepare, obtain approval from the City, and issue field orders, field clarifications and correction notices as needed
• Coordinate and schedule survey verification, monitoring and inspections related to environmental and encroachment permitting
Deliverables: Daily Reports with photos, copy of Field Orders and copy of punchlists.

ATTACHMENT 5
67 Assumptions:
• Five hundred forty (540) hours of Construction Inspector time during the construction phase. This represents seven (7) months of part-time on-site coverage. • Sixty (60) hours of Electrical Inspector time during the construction period provided on an as-needed basis.
• Daily reports will be provided only for days that Construction Inspector is on site performing observations.
• The presence of BC at a construction site, whether as an on-site representative, resident engineer, construction manager, or otherwise, does not make BC responsible for those duties that belong to the City, general contractor and/or subcontractors or others, and does not relieve the Contractor or others of their obligations, duties, and responsibilities, including, but not limited to, construction methods, means, techniques, sequences, and procedures necessary for completing all portions of the construction work in accordance with the contract documents, any health or safety programs and precautions required by such construction work, and any compliance with applicable laws and regulations. • Any inspection or observation of the Contractor's work is solely for the limited purpose of determining that the work is generally proceeding in conformance with the intent of the project specifications and contract documents. Consultant makes no warranty or guarantee with respect to the performance of any Contractor.

Task 2.3.2 // Pressure Testing, Flushing, and Disinfection BC will collaborate with the Contractor and City staff at the beginning of the project so the contractor’s sequencing plan considers testing, disinfection, and activation of treatment systems. Prior to receiving submittals, a meeting will be held with the City and the Contractor to review criteria for disposal of test water and acceptance test parameters. BC will perform the initial review of the Contractor’s testing and disinfection plans to verify procedures are in accordance with the City’s and AWWA standards, identifies proper disposal of testing water and includes applicable discharge permit. BC will observe all pressure tests, flushing and disinfections operations are completed and documented. BC will coordinate with City Water to measure residual, sample, and record test result.

Deliverables: Copies of Contractor’s test results.

Assumptions: City or Contractor will perform all water quality sampling, testing, and reporting to Division of Drinking Water.

Task 2.3.3 // Start-up and Commissioning Assistance
BC will assist the City in preparing for and overseeing the testing, start-up, and commissioning phase of the project. Will coordinate with the Contractor and the designer for comprehensive start-up and testing plans are submitted and approved. We will assist the team in the Division of Drinking Water inspection and approval process.

Assumptions: Contractor responsible for planning, execution and documentation of start-up and commissioning activities. City and Design Engineer will be responsible for review and approval of start-up and commission plans, results, and final reports.

Task 2.4 // Materials Testing Services
BC, along with Twining, Inc., will provide materials testing and specialty inspections. Testing type and frequencies will be in accordance with the project’s technical specifications and the City’s standards.

Materials will be accepted by field testing, and/or by the CM based on the manufacturer’s certificate of compliance. Efforts for this project will primarily focus on sampling and testing of soil, asphalt, concrete, ATTACHMENT 5
68 rebar, and coatings. We will maintain a log of all tests and retests and provide a signed final report that summarizes all test results statement of conformity with the plans and specifications.

Deliverables: Periodic submittal of testing logs and final testing report in PDF format.

Assumptions:
• Materials testing and specialty inspections will be performed for quality assurance purposes. The Contractor shall still be held responsible for quality control of materials incorporated into the work and work performed.
• Thirteen (13) hours of Project Manager time the construction period provided on an as-needed basis. • Forty-four (44) hours of Special Inspector time the construction period provided on an as-needed basis. • One hundred four (104) hours of Technician time the construction period provided on an as-needed basis.
• Up to $4,500 of laboratory testing and other direct costs.

Task 2.5 // Public Outreach
BC, along with Port City Marketing Systems (PCMS), will develop and implement a public outreach program.

The program will include the following sub-tasks.

Task 2.5.1 // Identification of Stakeholders
We will work with City of Manteca and the Project Team to identify a geographic area of interest to the project. PCMS will research and develop a stakeholder database, which will be updated throughout the project with names from the public meeting sign-ins; information from the project team; and from telephone, email and personal contacts. The stakeholder database, which will be designed to meet State CEQA Guidelines and requirements for noticing, will also be coded according to interest and ongoing involvement/interaction with the project.

Deliverables: Stakeholder database, which will include recent Assessor rolls of property owners, will be updated quarterly or as additions and/or changes occur; and will include notations of stakeholder activity/involvement.

Assumptions: Up to eight (8) labor hours.

Sub-Task 2.5.2 // Hotlines (Telephone and Email)
PCMS will staff telephone and email hotlines, maintain detailed records of each contact, and provide those records to the City and Project Team staff at frequent intervals.

Deliverables: Periodic records of hotline contacts.

Assumptions: Up to ten (10) labor hours.

Sub-Task 2.5.3 // Content for City Website and Social Media PCMS will create content for the City’s website and social media outlets. Project updates and other pertinent information will be developed in conjunction with the City Public Information Officer.

Deliverables: Graphics, fact sheets, FAQs project map, schedule, and other information regarding the project.

Assumptions: Up to five (5) labor hours.

Sub-Task 2.5.4 // Media Relations and Community Updates PCMS will coordinate with local business owners and residents immediately adjacent to the Project for any items of work that may impact access to or use of their property. Provide regular project updates to local ATTACHMENT 5
69 media in conjunction with City Project Manager, Resident Engineer, and Public Information Officer. Prepare Public Outreach information for web updates and newspaper updates in preparation for temporary construction impacts to the traveling public. Project updates and other pertinent information will be developed in conjunction with the Public Information Officer. PCMS will regularly attend scheduled meeting with Project Team and local media.

Deliverables:
• Graphics, fact sheets, FAQs project map, schedules, and other information regarding the project. • Mailings such as postcards and letters to inform community of traffic impacts.

Assumptions: Up to thirty-eight (38) labor hours and $3,500 of other direct costs.

Task 2.6 // File Management Software System
BC will maintain project records using a file management software system called CMIS. CMIS will track and manage all anticipated project records including correspondence, minutes of meetings, submittals, test reports and data, certificates, permits, certified payrolls, cost accounting records, status reports (inspector’s daily reports and monthly progress reports), photographs, claims files, proposed contract modifications (PCM), change orders, schedules, and progress estimates. Tracking logs will be maintained and distributed at progress meeting.

Deliverables: Up to fifteen (15) user licenses, electronic copies of final project files on a portable drive.

Assumptions:
• Up to eighteen (18) months of active service and eight (8) hours of training. • Access to files for up one hundred and twenty (120) calendar days following the Notice of Completion.

Phase 3 // Post Construction Services
Task 3.1 // Substantial and Final Completion Services
Substantial and Final Completion services will include a site inspection to evaluate if the constructed facilities are complete and in compliance with Contract Documents. To accomplish this, BC will prepare and issue punchlists and inspect punch list item corrective actions for acceptability. As part of the punch list process, BC will review documents submitted by Contractor for contract compliance. BC will conduct substantial completion inspection with the Contractor, and then schedule, conduct, and complete final inspection with the City.

When punch list items are completed, BC will coordinate with the City to assess when it is appropriate to release payments and retention to Contractor. BC will confirm that final punch list items have been completed or resolved and confirm that all releases have been provided by Contractor for Subcontractors and suppliers. BC will then assist the City in preparing a Certificate of Completion, and assist the City in obtaining the bonds, guarantees, warranties, lien releases, operation and maintenance manuals, and record drawings from the Contractor.

Deliverables: Punchlists, contract compliance documentation, warranty, and lien tracking.

Task 3.2 // Final Operation and Maintenance (O&M) Manual Management BC will log and track final O&M Manuals in a similar fashion as submittals. BC will perform an initial review to verify that all the required information is included, such as manufacturer’s local representative, operating instructions, preventative and corrective maintenance procedures, parts identification, warranty, and testing forms. After final acceptance testing, BC will verify that all test results and warranties are included in final O&M Manuals prior to submittal to the City.

ATTACHMENT 5
70 Deliverables: O&M Manual review comments, final O&M Manuals in PDF format.

Task 3.3 // Review and Submit As-Built Drawings
At a project’s completion BC will receive the Contractor’s prepared as-built drawings and perform a final review for completion against our own record drawings. A reviewed copy of the Contractor’s as-built drawings will be provided to the City and Design Engineer for final processing into official record drawings.

Deliverables: Reviewed copy of Contractor’s approved As-Built Drawings in PDF format.

Assumptions: The City acknowledges that as-built drawings will be prepared, in part, based on information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the project was finally constructed. BC is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings.

Task 3.4 // Prepare Final Payment Request and Retention Release Recommendation After acceptance, BC will prepare a proposed final estimate (PFE) to allow the Contractor to make exceptions to the final amount of compensation. Prior to submitting the PFE, BC will meet with the Contractor to attempt to agree on final payment for all contract items and change orders. If the Contractor still objects to the PFE, BC will assist the City in negotiating final settlement with the Contractor and process the final estimate.

Deliverables: Final estimate
Task 3.5 // Deliver Final Project Files
Project files will be maintained in electronic format. Files will always be available for the City to review.

Electronic files will be packaged in accordance with the City’s standard filing system and delivered at Final Completion.

Deliverables: Electronic copy of final project files on portable drive.

ATTACHMENT 5
71 Schedule of Activities
BC’s proposal is based upon an assumption that the Contractor’s Notice to Proceed will be issued in March 2024 and have a construction duration of thirteen (13) months. Accordingly, BC’s preconstruction services will start in February 2024 and post-construction services will be completed by the end of May 2025.

ATTACHMENT 5
72 Fee Estimate
Construction Management and Inspection Services for
Well 29 TCP Treatment Project
Walters,Stephen TDurazo,Elizabeth RWademan,MichaelLePlante,Wil GForsberg, Dane CHoff,KennethBates,Jacqueline RRomero,Sara BHarrison,Michael JTerrazas,Richard W Phase
/ Task Phase / Task Description
PM &
CM
PIC &

QA/QC SME
Construction
Inspector
Electrical
Inspector
Safety
Officer
Project
Analyst Biller
Operation
Manager
Dir.

Project
Mgt.

Total
Labor
Hours
Total Labor
Effort APC 6
Total
Expense
Effort
Total Effort
(Labor+Expens
e)
$292 $300 $249 $201 $150 $214 $124 $91 $305 $318
001 Preconstruction Services 40 10 10 3 2 65 15,730 $ $ 650 $ 650 $ 16,380 002 Construction Phase Services 380 8 16 580 80 8 36 12 4 4 1,128 255,360 $ $ 11,280 $ 5,000 $ 28,000 $ 9,000 $ 4,000 $ 61,380 $ 316,740 001 Project & Construction Management 260 4 12 20 10 8 36 12 4 4 370 95,300 $ $ 3,700 $ 3,700 $ 99,000 002 Change Management 60 4 4 20 10 98 25,215 $ $ 980 $ 980 $ 26,195 003 Construction Inspection 60 0 540 60 660 134,846 $ $ 6,600 $ 5,000 $ 11,600 $ 146,446 004 Materials Testing $ 28,000 $ 30,800 $ 30,800
005 Public Outreach $ 9,000 $ 9,900
006 File Management Software System $ 4,000 $ 4,400
Leave Blank and Protected
003 Final Completion Services 20 0 0 20 4 0 3 1 0 0 48 10,910 $ $ 480 $ 480 $ 11,390 Leave Blank and Protected
GRAND TOTAL 440 8 16 610 94 8 42 15 4 4 1,241 282,000 $ $ 12,410 $ 5,000 $ 28,000 $ 9,000 $ 4,000 $ 62,510 $ 344,510 Compensation Notes and Assumptions:
1)
2)
3)
4)
5)
6)
7)
8)
Company Vehicles 7CMIS 8
(File Management)
Compensation to provide construction management and inspection services required for the project shall be on a time and material basis for the necessary personnel. The above cost proposal is developed to determine a "Not to Exceed" contract value. Personnel and billing rates to be finalized during negotiation period prior to the executed service agreement.

Estimated hours and totals by individual tasks and subtasks may need to be periodically rebalanced during the course of the contract and depending on actual workload.

Company vehicle mileage will be charged at and adjusted to the IRS approved standard mileage rate. This rate is currently 65.5 cents per mile. 10% markup applied to Subconsultants and Outside Services.

Hours, rates and dollars are rounded to the nearest whole number.

Rates are based on an assumed typical eight-hour first (i.e. day) shift. If second shift (i.e. weekend and night) work is required, it will be subject to associated premium labor rates. 5% escalation effective January 1, 2025.
$10 per hour Associated Project Costs (APC) includes costs for support items such as, but limited to, computers, email, telephone, cell phones, etc.

Port City Marketing 8Twining
(Public Outreach)
8 (Materials Testing)
ATTACHMENT 5
73 ATTACHMENT 3

SCHEDULE OF ACTIVITIES
ATTACHMENT 574

Manteca City CouncilJanuary 16, 2024

Manteca City Council
January 16, 2024