AGREEMENT FOR SERVICES
THIS AGREEMENT (“AGREEMENT”) is made and entered into this _______ day of__________, ___________, by and between the CITY OF MANTECA, a municipal corporation of the State of California (hereinafter referred to as "CITY"), and TRC ENGINEERS, INC.
Consultant
183 D’ARCY PKWY LATHROP CA 95330
MAILING ADDRESS CITY STATE ZIP
a California corporation .
N/A
STATE LICENSE CLASSIFICATION & NUMBER (if required)
hereinafter referred to as “CONSULTANT”.
WITNESSETH:
A. WHEREAS, CITY desires to enter into this Agreement for services for the Louise Avenue (Main Street to Highway 99) Pavement Improvement Project CIP 24112.
B. WHEREAS, CITY desires to retain CONSULTANT to provide these services by reason of its qualifications, applicable license(s), and experience for performing such services, and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows:
AGREEMENT
1. SCOPE OF SERVICES:
A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in Exhibit “A”. This AGREEMENT and its exhibits shall be known as the “Agreement Documents”. Terms set forth in any Agreement Document shall be deemed to be incorporated in all Agreement Documents as if set forth in full herein. In the event of conflict between terms contained in these Agreement Documents, the more specific term shall govern. If any portion of the Agreement Documents is in conflict with any other portion or provisions contained in the AGREEMENT, the AGREEMENT shall govern over the conflicting provisions contained in the exhibits to the AGREEMENT. To eliminate doubt, in the case of conflict between Consultant's proposal or Consultant's attachments and the City's AGREEMENT and attachments, the City's AGREEMENT and attachments shall take precedence over Consultant's proposal and attachments.
ATTACHMENT 5
Agreement for Services
2 B. Consultant enters into this AGREEMENT as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this AGREEMENT to bind the City in any respect. Nothing in this AGREEMENT shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this AGREEMENT.
C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this AGREEMENT is based on such independent investigation and research.
2. TERM OF AGREEMENT
A. The services of Consultant are to commence upon execution of this Agreement and shall be completed and this AGREEMENT terminated on June 30, 2025, unless otherwise extended in writing by the mutual agreement of both parties.
B. The City Manager or designee may, by written instrument signed by the Parties, extend the duration of this AGREEMENT in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.
3. COMPENSATION:
A. The Consultant shall be paid in accordance to the attached Fee Schedule in Exhibit “C”. Consultant charges separately for certain costs incurred in the representation, as well as for any disbursements to third parties made on City's behalf. Such costs and disbursements include, for example, the following: mileage (at the IRS rate in effect at the time the travel occurs), overnight delivery and messenger services. Consultant shall be reimbursed for expenses related to travel, for example (flights, hotels, meals). However, Consultant shall not make travel arrangements or incur costs on behalf of City without prior written authorization to incur said expenses and in no event shall total compensation under this AGREEMENT exceed
THREE HUNDRED FIVE THOUSAND TWO HUNDRED THIRTY THREE DOLLARS AND FIFTEEN CENTS ($305,233.15) without City’s prior written approval.
B. Said amount shall be paid upon submittal of monthly billings showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this AGREEMENT. The invoices shall be submitted with the monthly billings.
C. If the work is temporarily suspended at the request of the City, compensation shall be based upon the portion of work completed as of the date of the suspension , subject to Section
4. ATTACHMENT 5
Agreement for Services
3 4. TERMINATION:
A. This AGREEMENT may be terminated by either party, provided that the other party is given not less than fourteen (14) calendar days’ written notice (delivered by registered mail) of intent to terminate.
B. The City may temporarily suspend this AGREEMENT, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this AGREEMENT.
C. Notwithstanding any provisions of this AGREEMENT, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this AGREEMENT by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.
D. In the event of termination, the Consultant shall be compensated as provided for in this AGREEMENT, except as provided in Section 4C. Upon termination, the City shall be entitled to all final work and draft work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 herein.
5. AMENDMENTS, CHANGES OR MODIFICATIONS:
Amendments, changes or modifications in the terms of this AGREEMENT may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
6. EXTENSIONS OF TIME:
Consultant may, for good cause, request extensions of time to perform the services required herein. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this AGREEMENT in the manner provided in Section
5. 7. PROPERTY OF CITY:
A. It is mutually agreed that all draft and final materials prepared by the Consultant under this AGREEMENT shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this AGREEMENT which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.
B. Additionally, it is agreed that the parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by Consultant herein (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City.
ATTACHMENT 5
Agreement for Services
4 8. COMPLIANCE WITH ALL LAWS:
A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this AGREEMENT. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services herein.
Consultant shall assist City in providing the same.
B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this AGREEMENT and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this AGREEMENT.
9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.
B. Consultant agrees and represents that the work performed under this AGREEMENT shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.
C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this AGREEMENT. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City.
D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.
10. SUBCONTRACTING:
None of the services covered by this AGREEMENT shall be subcontracted without the prior written consent of the City. Consultant shall be fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.
11. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this AGREEMENT whether by assignment or novation, without the prior written consent of the City. However, claims for money due or to become due to Consultant from the City under this AGREEMENT may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
ATTACHMENT 5
Agreement for Services
5 12. INTEREST IN AGREEMENT:
Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the AGREEMENT, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this AGREEMENT, City determines and notifies Consultant in writing that Consultant’s duties under this AGREEMENT warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
13. MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of this AGREEMENT are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.
14. LIABILITY OF CONSULTANT-NEGLIGENCE:
Consultant shall be responsible for performing the work under this AGREEMENT in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.
15. INDEMNITY AND LITIGATION COSTS:
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this AGREEMENT except such loss or damage caused solely by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this AGREEMENT.
16. CONSULTANT TO PROVIDE INSURANCE:
A. Consultant shall not commence any work before obtaining, and shall maintain in full force at all times during the duration and performance of this AGREEMENT, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than “A” in Class VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).
ATTACHMENT 5
Agreement for Services
6 B. Prior to execution of this AGREEMENT and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the AGREEMENT. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the AGREEMENT not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this AGREEMENT. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this AGREEMENT.
Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.
1. Commercial General Liability Insurance.
a. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 (or equivalent), in an amount not less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) minimum limit for general aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 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. Consultant’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
b. Any failure to comply with reporting provisions of the policies by Consultant shall not affect coverage provided the City. c. Coverage shall state that Consultant 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.
d. Coverage shall contain a waiver of subrogation in favor of the City.
2. Automobile Liability. If vehicles are brought onto city facilities, Consultant shall maintain automobile liability with limits no less than one million dollars ($1,000,000) minimum limit per accident for bodily injury and property damage.
3. Workers’ Compensation and Employers’ Liability. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. Consultant shall sign the Certificate of Compliance with labor Code 3700 (Exhibit B).
4. Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant ATTACHMENT 5
Agreement for Services
7 agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
5. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City. b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Consultant shall furnish to the City certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Consultant must agree to provide complete, certified copies of all required insurance policies when requested by the City.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of “A” Class VII or higher. e. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Consultant.
6. No other provision of this Agreement or any attachment thereto shall reduce the insurance or indemnity obligations imposed under this Section.
C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage that is not being maintained, in the form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due to Consultant under this AGREEMENT.
D. No policy required by this AGREEMENT shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless written approval is obtained by Consultant from the City.
E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.
F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the AGREEMENT.
17. MISCELLANEOUS PROVISIONS:
A. Compliance with Laws. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ATTACHMENT 5
Agreement for Services
8 ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this AGREEMENT or the materials used or which in any way affect the conduct of the work.
B. Unlawful Acts. Consultant shall not engage in unlawful employment discrimination.
Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.
C. Record Retention. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this AGREEMENT. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this AGREEMENT are made to the Consultant.
D. Notice. All notices that are required to be given by one party to the other under this AGREEMENT shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City: Consultant:
Kyzen Nicolas
Assistant Engineer
City of Manteca
1001 W. Center St.
Manteca, CA 95337
Dustin Rath
Vice President
TRC Engineers, Inc.
183 D’Arcy Pkwy
Lathrop, CA 95330
916-826-4429
[email protected]
E. Governing Law and Venue. This AGREEMENT shall be interpreted and 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.
F. 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.
G. 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.
H. Mediation. In the event of any controversy or claim arising out of or relating to this Agreement or the Services provided by Consultant (each referred to as a “Dispute” and all collectively referred to as the “Disputes”), the Parties shall try to resolve all Disputes through good faith, direct discussions involving the representatives of each Party who possess the necessary authority to resolve such Dispute. If direct discussions are unsuccessful in resolving a Dispute, the Parties shall endeavor to resolve the matter by mediation through and administered by JAMS or its successor in interest. JAMS shall provide the parties with the name of five (5) qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, ATTACHMENT 5
Agreement for Services
9 and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
I. Costs and Attorney' Fees. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
J. Entire Agreement. This AGREEMENT constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this AGREEMENT. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this AGREEMENT, except those contained in or referred to in writing.
K. 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.
L. 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 signature to this AGREEMENT have the legal power, right, and authority to enter into this AGREEMENT and to bind each party.
M. California Prevailing Wage Requirement Pursuant to California Labor Code sections 1720 through 1861, the Consultant, its Contractor and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR), if applicable. This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including but not limited to inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post-construction phases of construction, including but not limited to all cleanup work at the jobsite. The most current prevailing wage determination can be found at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
THIS SPACE INTENTIONALLY LEFT BLANK
ATTACHMENT 5
Agreement for Services
10 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:
TRC Engineers, Inc.
_________________________________ ___________________________________ 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: 183 D’Arcy Pkwy
_________________________________ Lathrop, CA 95330
Stephanie Van Steyn,
Director of Human Resources Telephone: 916-826-4429
APPROVED AS TO FORM:
L. David Nefouse, City Attorney
By:_________________________________
Daniella Green, Assistant City Attorney
Lincoln Leaman, Vice President
Dustin Rath, Vice President
ATTACHMENT 5
Agreement for Services
11 EXHIBIT A
Consultant Proposal/Scope of Work
ATTACHMENT 5
CM and Inspection Services, Louise Avenue Pavement Improvement Project, CIP 24112 / 12 C. WORK PLAN
INTRODUCTION
Management and inspection of Louise Avenue Pavement Improvement Project will require a seasoned team with significant experience working within the public right-of-way on pavement rehabilitation projects. Our team is just that, having successfully managed countless projects of similar size and complexity throughout the local region and Northern California. Our experience and lessons learned from previous projects will keep construction progressing smoothly, on time, and within budget. We consider ourselves a public stakeholder because the project is located within four miles of our office and this section of roadway is traveled daily by several of our staff as they commute to and from their residences.
Due to the short duration of this project, the staff we are proposing does not have any scheduled time off and will be available from pre-construction through closeout. Additionally, Justin Wehling, Ben Orejel, and Clint Pitman will be available by phone and if a call is missed, a response will be returned on the same business day.
TASK 1. PROJECT MANAGEMENT
Task 1.1 – Project Manager Justin Wehling will lead our team in the management of your project. Justin has
extensive experience performing and managing highprofile projects within the a city right-of-way, including Manteca. Justin will coordinate and supervise our staff, and will also provide oversight of the team to maintain focus on the most important technical elements of the
project. Justin will prepare and submit monthly project progress reports to the City’s Project Manager.
Justin will be supported in the office and field by
Ben Orejel, Resident Engineer, who has many years
of experience managing and inspecting pavement
rehabilitation projects similar to the Louise Avenue
project. Ben is an efficient and effective collaborator with project stakeholders and is considered an expert in managing complex projects.
Construction Inspector Clint Pittman is a versatile
construction inspector, with demonstrated experienced
in managing the stumbling blocks that may arise
during a pavement rehabilitation project. Clint will be onsite full time performing observation, inspection, and documentation.
Task 2.1 – Pre-Construction Conference. Ben will create a detailed preconstruction meeting agenda, including items such as work hours, labor compliance, procedures for submittals and RFIs, and other key items and provide to the City for review and input. Once approved, we will hold a pre-construction meeting with all relevant stakeholders. In this meeting, we will establish and discuss project roles and responsibilities, lines of communication, and will set up Procore for the project with access to team members for all project-related documents through the duration of the project on both computer and smart phone. Throughout the project, the contractor will upload submittals and RFIs, and the review and response will be tracked through each stage of processing with the system providing date and time stamping to help identify bottlenecks and maintain accountability. This will expedite processing of each submittal and RFI throughout the process while being attentive to all project requirements and details.
Task 2.2 – Labor Compliance. Throughout the project, Ben will spot check certified payroll ensuring the contractor is compliant with the applicable Prevailing Wage Determination and federal Davis Bacon rules, EEO and DBE requirements, and federal regulations. Additionally, our team will perform monthly labor compliance interviews. Any discrepancies will be reported to the City in a timely manner as noted in section 3.17 of the RFP.
Task 2.3 – Submittal of Certified Payroll. Certified Payroll will be submitted directly to the Department of Industrial Relations per project specifications.
We will review verification of submission provided by the contractor.
Task 2.4 – Constructability Review. Our services will begin with Justin, Ben, and Clint performing a thorough site review to observe and document existing conditions, including confirming that the plans depict actual field conditions prior to the start of construction. We will also perform a review of project documents and complete a constructability review, redlining and documenting any items that may become issues during construction, as required, within four weeks of our notice-to-proceed. A detailed list and red lines will be created and provide to the City’s project manager and design engineer noting potential conflicts, constructability issues, and discrepancies with the engineer’s estimate and bid items.
This in-depth review performed by our key project staff will utilize our experience to identify solutions to the possible discrepancies and reduce the potential for schedule delays and cost overruns.
Task 2.5 – Document Control and Review. We will utilize Procore, the construction management information system, for organizing, tracking, and managing project documents in accordance with Caltrans standards, and managing all submittals including traffic control plans, staging plans, RFIs, permits and agreements, and the baseline schedule/updates. Once Ben and Justin complete their initial review for completeness and conformance with the project documents, they will forward t their notes to the City for a final review and approval prior to returning to contractor. Project documents including weekly statements of working days, electronic correspondence, daily inspection reports (DIRs), and photo logs will be created, stored, and maintained in Procore for the duration of the project. At the completion of the project, the electronic files created in Procore will be extracted and provided to the City.
Task 2.6 – Construction Schedule. Ben will review the contractor’s baseline schedule for completeness, sequence logic, critical tasks, float, and completeness reflecting contract requirements and verifying that the activities and durations meet the contract requirements and milestones.
Task 2.7 – Safety Management. Ben and Clint will review and monitor the contractor’s safety program as required by Cal-OSHA to verify implementation in accordance with the submitted contractor safety program and industry standards. Any deficiencies identified on the site will be immediately brought to the attention of the contractor’s safety representative. In situations of imminent danger, we will immediately take steps to correct the situation, including suspension of unsafe work activities.
TASK 2. PRE-CONSTRUCTION SERVICES
ATTACHMENT 5
CM and Inspection Services, Louise Avenue Pavement Improvement Project, CIP 24112 / 13 TASK 3. CONSTRUCTION
MANAGEMENT SERVICES DURING
CONSTRUCTION
Task 3.1 – On-Site Quality Assurance/Control Inspection. Clint will be full-time onsite collaborating with the contractor to achieve a high-quality product, constructed in accordance with the project documents and industry standards.
He will meet with the contractor foreman daily prior to the start of the shift to discuss the day’s operation work schedule. Clint will inspect and monitor the contractor’s quality control procedures against the contract documents to confirm that the work performed is compliant and of acceptable quality.
Observations will be documented in a detailed daily report to document project conditions and actual daily quantities. Photographs will be included in the daily report to document existing conditions, work activities, and construction progress. We will work with the contractor to address all discrepancies making sure they are resolved promptly and tracked in Procore.
Justin will provide continuous internal quality control reviews and verify that we are following our approved procedures while supporting our team. If issues arise, the TRC team will review each issue and develop a recommended solution that meets contract requirement. Field orders will be drafted by Ben and sent to the City for final review and approval prior to transmittal to the contractor.
Task 3.2 – Meetings. Justin and Ben will conduct weekly meetings with attendance options for stakeholders in person or via Microsoft Teams. Topics discussed during weekly meetings include project progress, both current and future scheduling, RFIs, submittals, and public notification, potential change orders, quality, and pay estimates. These meetings will maintain open communication between all team members. This will allow us to think ahead of the contractor, anticipate upcoming work, and provide reminders, when necessary, to complete submittals ahead of schedule to reduce the potential for delays. In addition, we will conduct environmental coordination and safety meetings to deliver compliance and prevent violations and fines.
Task 3.3 – Monthly Status Reports. Justin will attend monthly status report meetings. He will prepare monthly reports highlighting project progress, CCOs, cost issues, and schedule to keep all stakeholders informed of project status and potential issues.
Task 3.4 – Construction Schedule. Justin and Ben will monitor the contractor’s baseline schedule, monthly updates, and three-week look-ahead. These schedules will be reviewed and compared against the approved project schedule to verify that their activities and durations meet the contract requirements and that milestones are achieved. If delays are requested by the contractor or the schedule slips, we will request and review a time-impactanalysis and recovery schedule.
Task 3.5 – Cost Control. Justin and Ben will monitor project funding and project budgets. They will review contract item payments, material quantities, and change order payments.
Task 3.6 – Schedule of Values. Ben will review the contractor’s SOV to identify potential frontloading and verify that line items are acceptable and can be easily tracked for monthly progress payments.
Task 3.7 – Progress Payments. Ben will evaluate the contractor’s monthly progress payment requests. Ben will compare requested quantities to the quantities measured in the field and tracked on DIRs or quantity sheets and the approved SOV. Any discrepancies will be resolved prior to the progress billing submitted to the City for final review and payment.
Task 3.8– Change Orders. Ben will review potential change orders for contractual and technical merit, no matter how large or small. He will prepare an independent cost estimate and schedule analysis of work. His review will include input from appropriate support staff for schedule, technical review, and material testing results. Ben will communicate with the City throughout the negotiations with the contractor ensuring the City’s acceptance of the change and approval of pricing prior to any agreement or approval of the contractor’s request. Once negotiations are complete, Ben will provide the City with a complete change order for review and final approval including all supporting documents. Work will not be authorized or directed until all approvals are obtained.
Task 3.9–Certificates of Compliance. All material brought to the job will be assessed for compliance to the approved submittal and other contract requirements, including Buy America Compliance per Project Specifications.
During inspection, any certificates will be photographed and attached to daily inspection report. All material tags will be collected throughout projects and the originals will be provided to the City at project completion.
Task 3.10 – Traffic Management. Ben and Clint will coordinate, process and obtain approval for lane closure requests through the City, in addition to monitoring the contractor’s traffic control plan to make sure there are no conflicts with other adjacent projects. Lane closures will be monitored to make sure traffic control is only in place Monday through Friday between the hours of 8:00am - 5:00pm unless previously approved by the City. Adjustments, including sign and flagger locations and closure lengths will be coordinated in the field to improve safety and efficiency, which will be updated on the approved plan.
Task 3.11 – Special Provisions Compliance/Storm Water Pollution Prevention.
Ben and Clint will perform oversight of the contractor’s implementation of SWPPP or WPCP, ensuring the contractor is in compliance with contract documents and the General Permit. Clint will perform inspections of BMs in the field to verify both the implantation and proper maintenance throughout the duration of project. Ben will perform routine checks and make sure the contractor meets requirements such as regular inspections, sampling, and reporting.
TRC will schedule all work with Terracon, our geotechnical and materials testing subconsultant. We will coordinate timely testing and reporting and prepare. After material testing is completed each day, Terracon will provide a detailed report documenting, in detail, test locations, samples collected, and any deficiencies. Each report will be uploaded to Procore, once received, and the City will be kept apprised of any issues. In addition, Dustin will be available to provide as-needed geotechnical support and submittal review.
TASK 4. QUALITY ASSURANCE
AND MATERIALS TESTING
ATTACHMENT 5
CM and Inspection Services, Louise Avenue Pavement Improvement Project, CIP 24112 / 14 TASK 5. POST CONSTRUCTION
SERVICES
Task 5.1 – Project Completion Reports and Closeout. Justin and Ben will process the final progress payment to the contractor and file. Justin will prepare the final report and deliver a digital copy of all project records as well as a scanned copy of the record drawings to the City.
Task 5.2 –Lessons Learned. Our closeout package will have a detailed breakdown of lessons learned throughout the project.
Task 5.3 – Potential Claims/Dispute Resolution. Justin and Ben will assist in the resolution of disputes by identifying potential claims issues, reviewing claims for merit, making recommendations, and implementing procedures to reduce the likelihood of disputes and claims.
Task 5.4 – Final Walkthrough. Justin and Ben will schedule a final inspection with the city for site review and prepare a final punch list to be completed by the contractor.
Task 5.5 – As-Built Drawings. TRC will perform monthly as-built reviews to verify the contractor’s as-builts are kept current during the project. We will collect, review, and transmit the contractor’s data to the City’s engineer and will confirm that all changes are incorporated into the record drawings.
Based on our review of the project documents and RFP, the following page includes a tentative project schedule for reference to demonstrate our in-depth project understanding.
ATTACHMENT 5
Agreement for Services
12 EXHIBIT B
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this AGREEMENT.
CONSULTANTS
By:
[Title]
Dustin Rath, Vice President
ATTACHMENT 5
Agreement for Services
13 EXHIBIT C
Fee Schedule
ATTACHMENT 5
Cost of Services Worksheet
Project Schedule
Apr May Jun Jul Aug Sep Oct
Calendar days 30 31 30 31 31 30 31 Estimated Prof. Svcs NTP: May 21, 2024 Work days 22 22 20 22 22 20 23 Estimated Substantial
PHASE 1: Pre-Construction 15 20 70 Completion (Construction): October 4, 2024 PHASE 2: Construction 120 246 292 247 266 101
PHASE 3: Post-Construction 15 81 Estimated Manhours: 1,323 Position Name Rate Apr May Jun Jul Aug Sep Oct Hours
Project Manager (Non-PW Duties) Justin Wehling $ 200.00 0 $ - Construction Mgr./ RE (Non-PW Duties) Ben Orejel $ 205.00 20 30 50 $ 10,250.00 * Inspector (Day ST) Clint Pittman $ 195.81 40 40 $ 7,832.40 Inspector (Non-PW duties only) Clint Pittman $ 180.00 0 $ - $ 18,082.40
$ 18,082.40
Project Manager (Non-PW Duties) Justin Wehling $ 200.00 6 6 6 6 6 30 $ 6,000.00 Construction Mgr. (Non-PW) Ben Orejel $ 205.00 60 88 88 80 24 340 $ 69,700.00 * Inspector (Day ST) Clint Pittman $ 195.81 160 176 96 160 48 640 $ 125,318.40 * Inspector (Day OT) Clint Pittman $ 223.95 20 22 12 20 23 97 $ 21,723.15 * Inspector (Night ST) Clint Pittman $ 213.73 40 40 $ 8,549.20 * Inspector (Night OT) Clint Pittman $ 245.38 5 5 $ 1,226.90 Inspector (Non-PW duties only) Clint Pittman $ 180.00 0 $ 232,517.65
Subconsultant: Materials Testing Terracon $30,322.00 NTE $ 30,322.00 Subconsultant Markup 5% $ 1,516.10
$ 31,838.10
$ 264,355.75
Project Manager (Non-PW Duties) Justin Wehling $ 200.00 5 5 $ 1,000.00 Construction Mgr./ RE (Non-PW Duties) Ben Orejel $ 205.00 60 60 $ 12,300.00 * Inspector (Day ST) Clint Pittman $ 195.81 0
Inspector (Non-PW duties only) Clint Pittman $ 180.00 16 16 $ 2,880.00 0 $ 16,180.00
$ 16,180.00
Vehicles (hourly) $823.40/mo pro-rated $ 5.00 0 20 316 292 247 266 182 1,323 $ 6,615.00 Personal vehicles (mileage) IRS Rate (per mile) $ - 0 $ - Per diem (if applicable) DIR Rate (per day) $ 120.00 0 $ - Construction Office monthly $ 1,500.00 0 $ -
$ 6,615.00
$ 6,615.00
$ 305,233.15
Notes and Assumptions:
* Denotes employees/classifications that are subject to prevailing wage.
Full set of Inspector Bill Rates: Name Shift
Construction Manager (Group 2) Justin Wehling NPW
RE/OE (Group 2) Ben Orejel NPW
Inspector (Group 1) Day
Night
N/A
$ 213.73 $ 245.38 $ 277.03 Clint Pittman $ 195.81
N/A N/A
$ 223.95 $ 252.08
ST OT DT
N/A N/A N/A
ODC's
SUBTOTAL ODC's:
• Fees are based on 120 day construction duration with professional services NTP anticipated in May 2024. • Should the actual schedule require more or less professional services than proposed adjustments to this estimate may be required. • Client will be billed only for hours worked. Night work and Overtime will be billed at a pro-rata adjusted rate. 3% annual escalation effective every July 1st. • Unless otherwise noted, above rates are straight-time rates. Overtime, rain, holidays and potential time extensions or delays may result in additional professional services. • Wages for inspection subject to Calif. Labor Code Section 1772. Rates are based on DIR Prevailing Wage Determination NC-63-3-9-2023-1 TRC will pay and bill accordingly.
SUBTOTAL PHASE 3: Post-Construction:
PHASE 1: Pre-Construction
SUBTOTAL: LABOR
SUBTOTAL PHASE 1: Pre-Construction:
PHASE 2: Construction
SUBTOTAL: LABOR
SUBTOTAL: SUBCONSULTANTS
SUBTOTAL PHASE 2: Construction:
PHASE 3: Post-Construction
SUBTOTAL: LABOR
City of Manteca | Construction Management Services for Louise Ave Main St.-Hwy 99 Rehab
Totals
2024
ATTACHMENT 5
CM and Inspection Services, Louise Avenue Pavement Improvement Project, CIP 24112 / 15
SCHEDULE
ATTACHMENT 5