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 DEWBERRY ENGINEERS, INC.
Consultant
903 W CENTER ST SUITE 1 MANTECA CA 95337
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 Construction Management and Inspection Services for the Lathrop Road (Union Road to Highway 99) Pavement Improvement Project CIP 24111.
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 ATTACHMENT 4
Agreement for Services
2 AGREEMENT and attachments, the City's AGREEMENT and attachments shall take precedence over Consultant's proposal and attachments.
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 December 31, 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
TWO HUNDRED FORTY NINE THOUSAND TWO HUNDRED EIGTHY TWO DOLLARS AND NINE CENTS ($249,282.09) 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 4
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 ATTACHMENT 4
Agreement for Services
4 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.
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 ATTACHMENT 4
Agreement for Services
5 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.
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 ATTACHMENT 4
Agreement for Services
6 than “A” in Class VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).
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 ATTACHMENT 4
Agreement for Services
7 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 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:
ATTACHMENT 4
Agreement for Services
8 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, 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:
Elizabeth Njuguna
Assistant Engineer
City of Manteca
1001 W. Center St.
Manteca, CA 95337
Howard Zabell
Vice President/Principal-in-Charge
Dewberry Engineers, Inc.
903 West Center Street, Suite 1
Manteca, CA 95337
209-707-3330
[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 ATTACHMENT 4
Agreement for Services
9 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, 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 4
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:
Dewberry 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: 903 West Center Street, Suite 1 _________________________________ Manteca, CA 95337
Stephanie Van Steyn,
Director of Human Resources Telephone: 209-707-3330
APPROVED AS TO FORM:
L. David Nefouse, City Attorney
By:_________________________________
Daniella Green, Assistant City Attorney
ATTACHMENT 4
Agreement for Services
11 EXHIBIT A
Consultant Proposal/Scope of Work
ATTACHMENT 4
The Lathrop Road Project will reconstruct the east-west running street, repairing base failures and extending the service life of this important throughfare.
C. WORK PLAN
Project Understanding
The City of Manteca is undertaking a pavement reconstruction project on Lathrop Road running between Union Road and Main Street. This project is funded by local Measure K funds and will significantly rehabilitate this important corridor by extending pavement life, improving drainage and offering safer transportation options for users. Specific improvements include:
• Roadway reconstruction to repair observed base
failures
• AB recompaction, where needed
• Minor grinding to correct profile and to receive
HMA overlay
• Regrading of roadway cross sections to promote
better drainage
• ADA ramps and high visibility crosswalks
• New raised medians
• New roadway signage
• New traffic striping to accommodate dedicated
left turn lane in median
• New traffic signal loops where AC grinding or
damage occurs
• New utility covers where utilities are impacted
• Tree trimming
Special traffic control will be needed to handle traffic near the intersection of Union Road on the west end
of the project due to the high traffic volumes and turn movements.
The estimated project cost is approximately $3 million, and it is anticipated that it will take 90 calendar days to substantially complete activities. The contractor will be allowed an additional 30 calendar days to complete the project punch list and close-out activities. The contractor will only be allowed to work between 8:00 am and 5:00 pm weekdays, unless otherwise authorized by the City. The contractor will need to submit a water pollution control plan (WPCP) for authorization before beginning any work. The project will follow the Caltrans 2023 Specifications.
7 PROPOSAL FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR THE LATHROP ROAD (UNION ROAD TO HIGHWAY 99) PAVEMENT IMPROVEMENT PROJECT
CITY OF MANTECA
TECHNICAL PROPOSAL CONTENT
ATTACHMENT 4
Grade Control
Grade control will be critical on this project. In
some locations full roadway section reconstruction
will occur. Once the surface asphalt is removed
additional aggregate base (AB) will be placed to
create the appropriate crossfall for the road. The
contractor will need to perform survey checks in
advance to verify cuts and fills necessary to allow
for the final placement of 6 inches of hot mix
asphalt (HMA). In other locations surface grinding
will occur to allow for a variable thickness of HMA to
achieve the appropriate crossfall.
Dewberry means to mitigate - The Dewberry
inspector will work with the contractor to survey
the entire alignment of the road at the center line,
lane lines and conforms to the existing curb and
gutter as well as edge of pavement to check for
appropriate crossfall and to anticipate final material
installation. This exercise will also aid in confirming if additional material placement will be necessary.
This process is also useful in verifying quantities in
advance to help avoid bid item overruns.
Project Access
The pavement reconstruction improvements within
this project will take place in areas that include
a combination of residences, businesses, and
commercial spaces. The upcoming improvements
will necessitate careful traffic control planning on
this busy city street. This planning is important
to keep traffic flowing smoothly, maintaining
driveway access, access to public parking, allowing
businesses to remain accessible, and to provide
safe passage for pedestrians and bicyclists
throughout the construction project.
Dewberry means to mitigate - Dewberry will
review traffic control plans confirming that work
plans suit conditions and meet the MUTCD
requirements. Once in the field, the Dewberry
inspector will visit residents and businesses in the
area to become the familiar face on the project and
enforce TCP requirements.
Residential
The project runs between a light commercial area
near Union Road and through residential areas
located to the east. The project site primarily
fronts a residential area with construction activities
occuring in front of residences. Several residential
driveways will be impacted but must remain
accessible at all times. Intersections leading into
subdivisions located north and south of Lathrop
Road will need to be flagged from time to time
to allow travelers to access their homes. Local
side streets requiring special traffic control
consideration include:
• Intersection of Union Road
• Arrowsmith Drive
• Sherwood Avenue
• Redwood Avenue
• Intersection of Crestwood Drive
Specific traffic control plans will need to be
generated to show plans for traffic shifts and
special handling in the area which may affect
residents. Residents fronting Lathrop Road will need
to be notified of work in their area and any parking
restrictions which may need to be instituted.
Businesses
Like residences, business driveways will need to
remain accessible for the duration of the project.
Businesses like CVS, within the Woodbridge East
Complex on the northeast corner of Union Road,
will need to be apprised of construction activities.
Driveway access will also be affected at other
locations like the Calvary Community Church and
Security Public Storage site which will require
advance communication and notification.
Businesses like Calvary Community Church and Security Public Storage will be notified in advance of planned work activities and potential impacts.
8 PROPOSAL FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR THE LATHROP ROAD (UNION ROAD TO HIGHWAY 99) PAVEMENT IMPROVEMENT PROJECT
CITY OF MANTECA
TECHNICAL PROPOSAL CONTENT
ATTACHMENT 4
Pedestrians
An existing curb gutter and sidewalk exist on both
sides of the street. It is noted in the contract that
pedestrians must be accommodated in all areas,
including during ADA reconstruction and the
Tidewater Bikeway crossing. The contractor will need
to prepare traffic handling plans for pedestrians.
The contractor will need to prepare a special traffic
handling plan to mange bicycle and pedestrian traffic at the bike lane.
Bicyclists
During construction bicyclists must also be
accommodated. The contractor will need to prepare
traffic handling plans to accommodate bike riders
as part of traffic control plans for the corridor.
Traffic Handling
The project will involve temporary traffic control
measures to minimize disruption to the community.
This includes lane closures, lane shifts, and detourfree operations. To ensure a smooth flow of traffic, the contractor must submit detailed traffic handling
plans for each construction phase for city approval
well in advance. These plans should prioritize
minimizing road closures and utilize Changeable
Message Boards to keep drivers informed.
Even though there is limited areas to park on
Lathrop Road, parking restrictions will also be
necessary. The contractor will be required to post
clear “No Parking” signs at least 72 hours before
impacting designated areas. Additionally, they must
notify the Manteca Police 24 hours prior to posting
any signs. This collaborative approach will help keep
residents and businesses informed of changes and
minimize inconvenience.
Utilities
Utilities run the length of the Lathrop Road
project site. Utilities like SSJID are present in the
roadway and dry utilities such as traffic signal
wiring and PG&E lines have been observed at the
ADA ramp reconstruction locations. Underground
investigations will need to occur per the contract
and law to identify and protect existing utilities.
Several utilities have been observed on the site, including ADA reconstruction locations at Union Road.
Real-Time Decision Making
Given the nature of the project, Dewberry will
have a full time inspector on site to assess field
conditions of the roadway. The inspector will work
closely with the contractor to initiate and verify
the necessary reconstruction techniques required
based on observed conditions. With an office
nearby, Dewberry offers the City an advantage to
have resources on site immediately to keep the
project moving and make real time decisions quickly
to keep the project on schedule.
9 PROPOSAL FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR THE LATHROP ROAD (UNION ROAD TO HIGHWAY 99) PAVEMENT IMPROVEMENT PROJECT
CITY OF MANTECA
TECHNICAL PROPOSAL CONTENT
ATTACHMENT 4
i. Approach and Work Plan
The Dewberry team will be led by Rob Shackelford
who will serve as the Project Manager and Resident
Engineer. Rob will draw upon his 32 years of
resident engineering and construction management
experience to guide the project. He worked earlier
in his career as a resident engineer with Caltrans
and is well versed in all construction management
policies and procedures to administer projects,
interface with the contractor and public while
defending the interest of his clients.
Rob has appointed Mike Stamm as the Assistant
Resident Engineer for the project. Mike has worked
both in the resident engineering and assistant RE
roll working closely with all project stakeholders and
managing staff. He is proficient in all construction
management policies and procedures to administer
projects, interface with the contractor and public
while defending the interest of his clients. Mike
will report to Elizabeth Njuguna, the City’s Project
Manager. He will interface with Elizabeth, other
pertinent City staff, utilities, local businesses, and
community stakeholders to address project issues.
Rob has selected Senior Inspector Jacob Gillmore
to serve as the full-time primary inspector. He
will be responsible for the inspection of all field
construction activities. Jacob and Rob have worked
together for several years successfully delivering
many projects and most recently worked together
on the City of West Sacramento’s North Riverwalk
Trail Extension Project and several projects for the
City of Concord, including the Farm Bureau Road
Complete Streets Phase II Project.
Jacob has also worked on a series of projects for
Dewberry requiring communication with the public
and extensive traffic control which occurred during
round-the-clock shifts. Jacob may be supported
from time-to-time by other inspection staff within
Dewberry to assist in covering multiple crews as
schedules demand.
Dewberry will provide support services with internal
staff. Cam Francis, a Dewberry Office Engineer,
will be responsible for administrative tasks and
ensuring all documents are properly controlled.
She has collaborated with Rob and Jacob on various
projects, including those for the cities of Concord,
West Sacramento, and Sacramento County.
Dewberry has chosen to team with BSK Associates,
Inc., based in Livermore, to provide materials
testing and lab services. Dewberry and BSK have a
history of working on projects together and both
are currently providing services on other projects
for the City of Manteca. BSK will provide certified
materials testers to conduct field sampling of
import material, subgrade compaction, compaction
of road base materials, HMA and slurry seal and
other materials incorporated in the work.
BSK Associates will perform soils and HMA testing for
Dewberry for this project.
10 PROPOSAL FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR THE LATHROP ROAD (UNION ROAD TO HIGHWAY 99) PAVEMENT IMPROVEMENT PROJECT
CITY OF MANTECA
TECHNICAL PROPOSAL CONTENT
ATTACHMENT 4
ii.Scope Outline
• Task 1. Project Management
• 1.1: Project Management Duties
• Task 2. Pre-Construction Services
• 2.1 Constructability Review
• 2.2 Documentation of Pre-Construction
Conditions
• 2.3 Pre-Construction Meeting
• Task 3. Construction Management
Services During Construction
• 3.1 Contract Administration and Project
Documentation
• 3.2 Schedule Management, Progress
Meetings and Reports Review
• 3.2.1 Schedule Management
• 3.2.2 Progress Meetings
• 3.2.3 Progress Report
• 3.3 Progress Payments
• 3.4 RFIs and Material Submittals
• 3.5 Management of Change Orders
• 3.6 Construction Observation/Inspection
Services
• 3.7 Claim Management
• 3.8 Record Drawings
• Task 4. Quality Assurance and
Materials Testing Services
• 4.1 Materials Testing
• Task 5. Post-Construction Phase
• 5.1 Project Close-Out
The tasks identified above will be performed by
different members of the team. Specific tasks and
a partial list of deliverables are presented in a
graphical scope of services which can be found on
the following page.
11 PROPOSAL FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR THE LATHROP ROAD (UNION ROAD TO HIGHWAY 99) PAVEMENT IMPROVEMENT PROJECT
CITY OF MANTECA
TECHNICAL PROPOSAL CONTENT
ATTACHMENT 4
Post-Construction Services
Project Closeout
Pre-Construction Services
Review Contracts, Permits, & Agreements
Attend Meetings with the City & Stakeholders
Prepare Project Schedule
Review Resident Engineer Files
Prepare/Conduct Pre-Construction Conference
Prepare Project Instructions & Establish Procedures
Construction Management Services During Construction
Maintain Close Contact with City
Prepare Change Order/Recommendations
Prepare Monthly Progress Report
Perform Quality Assurance Materials Testing
Electronic Documentation Management Claims Defense and Management Construction Surveying (Contractor performed)
Conduct Weekly Construction Progress
Meetings
Serve as Primary Point of Contact/Coordinator
Review Work Progress versus Schedule
Prepare RFI Responses
Maintain Contract Files
Provide Inspection and Observation of Work
Review Contractor’s Schedule
Discuss and Resolve RFIs
Verify Progress Payment Quantities
Maintaining Record Drawings
Observe and Coordinate Utility Company Relocation
Review Other Testing Reports
Certified Payroll Review
Resident Engineer
Office Engineer
Inspector
Materials Testing
Key Staff Roles
Prepare and Negotiate Monthly Progress
Payment Requests
Receive/Respond to Contractor
Correspondence
Process Submittals/Monitor Review Process
RFIs: Process from Contractor
Typical Scope of Services During Construction
The Dewberry Team will perform a range of services during construction. The following graphic shows all of the construction duties and deliverables that we will provide.
1. Constructability comments
2. Master Contact List
3. Safety Plan/Contractor’s Safety Plan
4. Meeting Agenda/Minutes: Pre-Construction
5. Correspondence: Logs, letters to/from
6. RFIs: Correspondence, tracking logs, and
recommendations
7. Submittals: Logs for all materials used on project
8. Permit Correspondence: Records and changes
9. Utility: Reports and Utility discussions
10. Field Reports: Inspector diaries and weekly RE reports
11. Material Info: Checklists, tags and test results
12. SWPPP: Reports, plans and correspondence
13. Labor Compliance: Logs/certified payroll, DBE info
14. Schedules: Baseline, monthly updates, WSD, as-built
15. CCO Management: Logs, docs, justifications, cost/time est.
16. Progress Payment: Quantity back-up, Q-sheets for items
17. Potential Claim File: Logs, correspondence & back-up
18. Close-Out Info: As-Builts, Final Report, Punch List, etc.
PARTIAL LIST OF DELIVERABLES
12 PROPOSAL FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR THE LATHROP ROAD (UNION ROAD TO HIGHWAY 99) PAVEMENT IMPROVEMENT PROJECT
CITY OF MANTECA
TECHNICAL PROPOSAL CONTENT
ATTACHMENT 4
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]
ATTACHMENT 4
Agreement for Services
13 EXHIBIT C
Fee Schedule
ATTACHMENT 4
Lathrop Road (Union Road to Highway 99) Pavement Improvement Project City of Manteca
DBE Utilization
HOURS COST HOURS COST HOURS COST
1.0 1.1 16 $4,200.00 16 $4,200
1.0 16 $4,200.00 16 $4,200
2.0 2.1 14 $2,835.00 14 $2,835
2.2 23 $4,384.55 23 $4,385
2.3 20 $3,503.06 20 $3,503
2.0 57 $10,722.61 57 $10,723
3.0 3.1 172 $25,635.27 172 $25,635
3.2 64 $10,017.18 64 $10,017
3.3 40 $6,546.50 40 $6,546
3.4 74 $11,221.24 74 $11,221
3.5 27 $4,406.56 27 $4,407
3.6 659 $122,205.42 659 $122,205
3.7 20 $3,157.06 20 $3,157
3.8 7 $1,417.50 7 $1,418
3.0 1,063 $184,606.74 1063 $184,607
4.0 4.1 16 $3,024.00 16 $3,024
4.2 111 $17,085.00 111 $17,085
4.0 16 $3,024.00 111 $17,085.00 127 $20,109
5.0 5.1 67 $9,803.74 67 $9,804
5.0 67 $9,803.74 67 $9,804
1,219 $212,357.09 111 $17,085.00 1,330 $229,442.09
CIP 24111
Task # Task Name
$19,840.00
TOTAL PROJECT COST $212,357.09 $36,925.00 $249,282.09
$19,840.00
ANTICIPATED SALARY INCREASE
TOTAL DIRECT LABOR HOURS
TOTAL OTHER DIRECT COST
Total Task 5
Project Management
Project Management Duties
Claim Management
Record Drawings
Progress Payments
Post-Construction Phase
Total Task 4
Project Close-Out
Contract Administration & Project Documentation
RFIs & Material Submittals
Construction Observation/Inspection Services
Management of Change Orders
Total Task 2
Schedule Mgmt, Progress Meetings & Reports Review
CM Services During Construction
Materials Testing - BSK
Quality Assurance & Materials Testing Services
Quality Assurance & Materials Testing - DEI
Pre-Construction Services
Total Task 1
Documentation of Pre-Construction Conditions
Dewberry BSK Associates TOTAL
6/12/2024
Pre-Construction Meeting
Constructability Review
Total Task 3
ATTACHMENT 4
iii. Project Schedule
Dewberry has looked at the project plans and specifications closely and has developed its own independent schedule to establish a plausible project schedule.
Activity ID Activity Name Original Duration Start Finish City of Manteca Engineering Department Project 165 10-Jun-24 21-Nov-24 Project Milestones & Timelines 165 10-Jun-24 21-Nov-24
Lathrop Rd_1000 City of Manteca Lathrop Road Pavement Improvement Project Hammock 165 10-Jun-24 21-Nov-24 Pre-Construction Milestones 10 10-Jun-24 19-Jun-24
Pre-Con_Mile_1020 Bid Advertisement/Bid Review 10 10-Jun-24 19-Jun-24 Construction Milestones 135 20-Jun-24 02-Nov-24
Mile_1000 Construction Contract Approval 0 20-Jun-24
Mile_1050 Construction Completion 0 02-Nov-24 02-Nov-24 Post-Construction Milestones 20 02-Nov-24 21-Nov-24
Post-Con_Mile_1000 Proposed Final Estimate 20 02-Nov-24 21-Nov-24 Post-Con_Mile_1010 As-Built Plans and Specifications 20 02-Nov-24 21-Nov-24 Construction Management Services 155 20-Jun-24 21-Nov-24 Pre-Construction Services 0
Construction Services 155 20-Jun-24 21-Nov-24
CM_1000 Resident Engineer Services 155 20-Jun-24 21-Nov-24 Post-Construction Services 20 02-Nov-24 21-Nov-24
Post-Con_1000 Prepare Proposed Final Estimate 20 02-Nov-24 21-Nov-24 Post-Con_1010 Prepare As-Built Plans and Specifications 20 02-Nov-24 21-Nov-24 Construction Contract Administration 135 20-Jun-24 01-Nov-24 Submittals and Procurement 20 20-Jun-24 09-Jul-24
Submittal Review 20 20-Jun-24 09-Jul-24
Sub_1000 Certify Notifications Sample 20 20-Jun-24 09-Jul-24 Sub_1010 Special Permits 20 20-Jun-24 09-Jul-24
Sub_1040 Traffic Control Plans 20 20-Jun-24 09-Jul-24
Construction 115 10-Jul-24 01-Nov-24
Preliminary Work 3 10-Jul-24 12-Jul-24
PW_1000 Place Construction Message Boards 1 10-Jul-24 10-Jul-24 PW_1020 Survey & Core 2 11-Jul-24 12-Jul-24
Phase One 15 13-Jul-24 27-Jul-24
ZoneOne_1000 Set SW and Lane Closures (Set Path of Travel During Construction) 1 13-Jul-24 13-Jul-24 ZoneOne_1010 DFP ADA Ramps N Side Union Rd 2 14-Jul-24 15-Jul-24 ZoneOne_1040 DFP ADA Ramps S Side Union Rd 2 16-Jul-24 17-Jul-24 ZoneOne_1050 Install Temporary Pavement at Ramps 5 18-Jul-24 22-Jul-24 ZoneOne_1060 Grind and Isntall Temp. Stripe for Lane 1 Each Direction at Median 5 23-Jul-24 27-Jul-24 Phase Two 33 28-Jul-24 29-Aug-24
ZoneTwo_1000 Excavate/Grind Outside Lane Shoulders North Side 5 28-Jul-24 01-Aug-24 ZoneTwo_1010 Excavate/Grind Outside Lane Shoulders South Side 5 02-Aug-24 06-Aug-24 ZoneTwo_1020 Import AB & recompact (Phase 1- Without driveways 5 07-Aug-24 11-Aug-24 ZoneTwo_1030 Grind Driveway Access 4 12-Aug-24 15-Aug-24 ZoneTwo_1040 Import AB & recompact (Phase 2- driveways) 6 16-Aug-24 21-Aug-24 ZoneTwo_1050 Pave L2 & Shoulders 4 22-Aug-24 25-Aug-24
ZoneTwo_1090 Replace Loops 4 26-Aug-24 29-Aug-24
Phase Three 22 30-Aug-24 20-Sep-24
A1000 Reset Lane Closure for Median and Lane 1 1 30-Aug-24 30-Aug-24 A1010 Remove Median Islands 1 31-Aug-24 31-Aug-24
A1020 Construct Medians 3 01-Sep-24 03-Sep-24
A1030 Excavate/Grind Lanes and Median 6 04-Sep-24 09-Sep-24 A1040 Import AB & Recompact (Phase 3) 6 10-Sep-24 15-Sep-24 A1050 Pave L1 & Median 3 16-Sep-24 18-Sep-24
A1080 Raise Iron 2 19-Sep-24 20-Sep-24
A1090 Replace Loops 2 19-Sep-24 20-Sep-24
Phase Four 10 21-Sep-24 30-Sep-24
A1100 Install lane closure for Intersection work Inside Lanes NB & SB 3 21-Sep-24 23-Sep-24 A1110 Excavate/ grind Intside lanes 1 24-Sep-24 24-Sep-24 A1130 Import AB & recompact 1 25-Sep-24 25-Sep-24
A1140 Pave 1 26-Sep-24 26-Sep-24
A1150 Raise Iron 2 27-Sep-24 28-Sep-24
A1160 Temp Stripe 1 29-Sep-24 29-Sep-24
A1170 CAT WALK Stripe and Pavement Markings 1 30-Sep-24 30-Sep-24 Final Phase 32 01-Oct-24 01-Nov-24
A1190 Remvoe Temp Stripe, Place Permanent Stripe 2 01-Oct-24 02-Oct-24 A1200 Install Permanent Signs, Remove CAS and PCMS 2 01-Oct-24 02-Oct-24 A1201 Punch List 30 03-Oct-24 01-Nov-24
May Jun Jul Aug Sep Oct Nov Dec
2024
21-Nov-24, City of M...
21-Nov-24, Project M...
City of Manteca Lath...
19-Jun-24, Pre-Const...
Bid Advertisement/Bi...
02-Nov-24, Construct...
Construction Contrac...
Construction Complet...
21-Nov-24, Post-Cons...
Proposed Final Estim...
As-Built Plans and S...
21-Nov-24, Construct...
21-Nov-24, Construct...
Resident Engineer Se...
21-Nov-24, Post-Cons...
Prepare Proposed Fin...
Prepare As-Built Pla...
01-Nov-24, Construct...
09-Jul-24, Submittal...
09-Jul-24, Submittal...
Certify Notification...
Special Permits
Traffic Control Plan...
01-Nov-24, Construct...
12-Jul-24, Prelimina...
Place Construction M...
Survey & Core
27-Jul-24, Phase One
Set SW and Lane Clos...
DFP ADA Ramps N Side...
DFP ADA Ramps S Side...
Install Temporary Pa...
Grind and Isntall Te...
29-Aug-24, Phase Two
Excavate/Grind Outsi...
Excavate/Grind Outsi...
Import AB & recompac...
Grind Driveway Acces...
Import AB & recompac...
Pave L2 & Shoulders
Replace Loops
20-Sep-24, Phase Thr...
Reset Lane Closure f...
Remove Median Island...
Construct Medians
Excavate/Grind Lanes...
Import AB & Recompac...
Pave L1 & Median
Raise Iron
Replace Loops
30-Sep-24, Phase Fou...
Install lane closure...
Excavate/ grind Ints...
Import AB & recompac...
Pave
Raise Iron
Temp Stripe
CAT WALK Stripe and ...
01-Nov-24, Final Pha...
Remvoe Temp Stripe, ...
Install Permanent Si...
Punch List
Remaining Work Critical Remaining Work Remaining Level of Effort Milestone summary 13 PROPOSAL FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR THE LATHROP ROAD (UNION ROAD TO HIGHWAY 99) PAVEMENT IMPROVEMENT PROJECT
CITY OF MANTECA
TECHNICAL PROPOSAL CONTENT
ATTACHMENT 4