EBIX Insurance No. S200004741
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.
FOR
WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Gates and Associates Landscape Architecture, Inc., a California Corporation, (Consultant). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services"; B. "Design professional" includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Consultant represents that it, and its subconsultants, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Design Professional Agreement with Gates and Associates Rev. 09-28-18
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum (if applicable)
Exhibit E - Milestone Schedule
Exhibit F - Project Management Document Software
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the July 7, 2021 and terminate on at the complet ion of work described in Exhibit A - Scope of Services.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibit A within the time stated in Exhibit B. Time is of the essence.
A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.
B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number , registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
4. WARRANTY
Consultant expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City .
Design Professional Agreement with Gates and Associates Rev. 09-28-18
5. QUALIFICATIONS OF CONSUL TANT - STANDARD OF CARE
Consultant represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Consultant's representations regarding its skills and knowledge. Consultant shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
All documents furnished under Exhibit A shall be of a quality acceptable to City.
The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by City for similar projects.
6. COMPENSATION AND PAYMENT
In consideration for Consultant's complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is ninety-two thousand eight hundred seventeen dollars ($92,817) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant's expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Consultant.
B. Termination for Default. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Consultant.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.
Design Professional Agreement with Gates and Associates Rev. 09-28-18
8. ASSIGNMENT AND SUBCONTRACTING
City and Consultant bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Consultant shall not hire subconsultants without express written permission from City.
Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONSUL TANT
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent consultants and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
Design Professional Agreement with Gates and Associates Rev. 09-28-18
13. RIGHT OF CITY TO INSPECT RECORDS OF CONSUL TANT
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Consultant's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Consultant, its employees, subconsultants, or agents in the performance, or non-performance, of Services under this Agreement.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
Design Professional Agreement with Gates and Associates Rev. 09-28-18
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Department of Public Works - Design Division 1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
manager@santaclaraca .gov
And to Consultant addressed as follows:
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.
Attention: Linda Gates
2077 Gateway Place, Suite 550
San Jose, CA 95110
and by e-mail at linda@dgates .com
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to 'The Code of the City of Santa Clara, California" ("SCCC"). In particular, Consultant's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Consultant has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id =58299).
19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and Design Professional Agreement with Gates and Associates Rev. 09-28-18
following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Consultant shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Consultant shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
26. STATEMENT OF ECONOMIC INTERESTS
Due to the nature of the Services to be performed, Consultant shall promptly file a Statement of Economic Interests (Form 700) upon commencement of the Design Professional Agreement with Gates and Associates Rev. 09-28-18
Agreement in accordance with California Government Code section 87200, et seq.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
Approved as to Form:
BRIAN DOYLE
City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Digitally signed by Caio Arellano
Data: 2021.07.2111:13:19
-07'00'
l ))EA i A J.
\Y City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : (408) 615-2210
Fax: {408) 241-6771
GATES AND ASSOCIAT ES LANDSCAPE ARCHIT ECTURE, INC.
a California Corporation
Dated: -1J~ I
By (Signature): -:--- "'",t:-----,------------- -
Name: Lindi jtes
Title: Director of Strategy
Principal Place of 2671 Crow Canyon Road
Business Address: San Ramon, California 94583
Email Address: [email protected]
Telephone: (925) 736-8176
Fax: (925) 833-8901
"CONSUL TANT'
Design Professional Agreement with GATES AND ASSOC/ATES Rev. 09-28-18 Page 8
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.
FOR
WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Consultant under this Agreement are set forth below .
I. GENERAL
This Scope of Services is anticipated as necessary to meet City's objectives as described under Section II, BACKGROUND AND PROJECT, and Section 111, DESCRIPTION OF SERVICES of this document. Consultant and City agree that this Scope of Services incorporates Consultant's professional qualifications and experience and will meet the City's objectives.
Consultant will be expected to provide complete, professional, high-quality Services and products; to consult City personnel, and others who are involved with the project; and to provide the expertise, guidance, advice, and assistance in accomplishing the work.
II. BACKGROUND AND PROJECT
Dedicated in 1961, 1.75 acres Westwood Oaks Park (Park) contains a recreation building, restrooms, an open play area, a playground, and various park amenities.
The Park is bounded by La Herran Drive to the east, and residential properties to the north, west, and south. Park's playground and community building are located at 460 La Herran Drive. The site was assessed for condition in 2017 and the playground was deemed to be in critical condition while the building is in poor condition.
The Westwood Oaks Playground Rehabilitation Project (PROJECT) will be completed in two distinct phases. The first phase of the PROJECT is covered by this Agreement and includes the following scope of work: site, facility, and technology assessment; ADA evaluation, community outreach; develop a site specific master plan and schematic playground rehabilitation plan; obtain a recommendation for approval from the Parks & Recreation Commission and City Council. After City Council has approved the site specific master plan and schematic playground rehabilitation plan, the City will coordinate with the Consultant to amend this Agreement to include the second phase of the Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 1
PROJECT. The second phase scope of work includes develop selected playground schematic playground rehabilitation plan into bid documents (plans, specifications, and engineer's estimate - PS&E) for public works bidding; provide assistance in obtaining Building and Fire permits for the design plans; and provide engineering support services during bid and award, construction, and post-construction phases.
Ill. DESCRIPTION OF SERVICES
All design work shall be done in accordance with the Department of Transportation Standard Specifications and Details, City Standard Plans and Specifications, ADA Design Guidelines, latest building and fire codes, and other applicable codes and standards recommended by the Consultant. Below is an outline of required services; however, it is the responsibility of the consultant to independently assess the PROJECT and provide improvement recommendations to meet the goals for this PROJECT.
Phase I of the PROJECT:
1. Perform site, architectural, facility, and technology assessment (for the park building).
2. Evaluate ADA pedestrian pathway
3. Perform robust community outreach (surveys, meetings, consensus building etc.), to develop Site Specific Master Plan and Playground Schematic Plan (all inclusive)
4. Obtain a recommendation for approval from the PRC and subsequent approval from CC.
Consultant shall provide the Services described herein through a project team, comprised of Consultant and sub-consultants identified as follows:
1. Consultant: GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.
2. Sub-consultants to GATES AND ASSOCIATES LANDSCAPE
ARCHITECTURE, INC.:
1) Sand is - Surveying and Civil Engineering
2) BSK Engineers - Geotechnical Engineering
3) HY Architects - Building Assessment
4) Atium Engineer - Electrical Engineering
5) Hortscience - Arborist
6) Capital Engineering - Mechanical and Plumbing Engineering 7) KYASE - Structural Engineering
8) David Powers & Associates - Environmental
9) Proactive Risk Solutions - Certified Playground Inspector Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 2
Any changes to the project team through the course of the Services shall be approved in writing by City.
IV. RESPONSIBILITIES OF CITY
CITY will provide the following information and support for the project as-available and applicable:
A. Record drawings (as-available)
B. CITY's Standard Details, Specifications, Benchmark, and Design Criteria.
C. Storm Drain (SD), Sanitary Sewer (SS), Electric, Fiber, Water and Recycled Water Block Book Maps (as-available).
D. Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, and aerial photographic tiles
E. Payment of permit application fees with other internal departments, if required.
F. Filing exemption under the California Environmental Quality Act, if applicable.
Besides the above, the City will work closely with the consultant to provide any other data or records, as available and necessary for the work involved.
V. BASIC SCOPE OF SERVICES
PROJECT MANAGEMENT
CONSULTANT shall:
1.1 Manage its team and overall project activities consistent with the direction from CITY in order to meet the project schedule and budget. Manage sub-consultants, maintain schedule and budget, anticipate and mitigate potential design issues and delays and coordinate and update the City on the overall progress of the Project.
1.2 Any field work that involves subsurface excavation and/or coring, consultant is required to submit plan of work to the City for review and approval prior to proceeding.
1.3 Organize and attend project meetings with the City to discuss project progress, decisions, and direction and to coordinate activities. Meetings shall be held at key project milestones and shall include, but are not limited to:
1.3.1 Kick-off Meeting (Phase I)
1.3.2 Preliminary/Evaluation Meeting (Phase I)
1.3.3 Community meeting (Phase I)
1.3.4 Parks and Recreation Commission Meeting (Phase I)
1.3.5 City Council Meeting (Phase I)
Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 3
1.4 Coordinate with CITY, design team members, consultants, utility companies, other government agencies, and other affected parties as required throughout the duration of the project as well as the Quality Assurance/Quality Control (QA/QC) activities for project deliverables.
1.5 Prepare, monitor, and update progress schedule in MS Project format beginning at the kickoff meeting and ending at contract award for the last submittal package.
Schedule shall show significant milestones for the project. CONSUL TANT shall notify CITY if there are delays or potential delays in any phase of the project. In such cases, CONSUL TANT shall make up the schedule in subsequent phases of the project or provide information to CITY substantiating a request for time extension (which may not be approved). The schedule shall be maintained at all times and shall be updated each time progress and milestones are achieved and/or changed.
1.6 Meetings: Meetings shall be budgeted for and invoiced under each respective Task or activity requiring a meeting and not as project management. Preparation for meetings shall be considered as included in the Task or activity for which the meeting is involved. A kick-off meeting shall be conducted with designated CITY staff prior to beginning work to review anticipated Tasks and schedule, review available information and needs, and address any outstanding questions regarding the project moving forward raised by CITY or CONSUL TANT. During the course of Services while there is active work on the PROJECT, CONSUL TANT shall schedule and attend brief bi-weekly (every other week) conference calls with CITY.
The purpose of the bi-weekly conference calls will be to keep CITY appraised on the PROJECT's progress and address any issues that may arise during the course of Services.
1.7 Provide monthly progress reports.
1.8 Stakeholder Coordination: CONSUL TANT shall coordinate with project stakeholders as needed to inform each stakeholder of the project work and incorporate any necessary accommodations into the final submittal documents.
1.9 Provide Review/Plan Check Log (Response Matrix) summarizing comments received from various City Departments/Divisions and agencies. Response Matrix shall include, but not be limited to, commenting department/division or agency, comments, response to comments, action items, and person responsible for follow up. Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved to have final discussion and resolution. Submit Response Matrix in electronic format with each route of plan check submittal.
1.10 Conduct QC reviews in accordance with its QA Program guidelines.
CONSULTANT shall provide a copy of its QA Program guidelines and shall provide a QC report at the end of each Task. Time spent for QA-QC reviews for specific Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 4
deliverables shall be budgeted and billed under each respective task requiring QA QC review and not as Project Management.
1.11 Invoicing and Contract Administration: CONSUL TANT administrative staff time spent preparing invoices for Services complete shall be considered as included in the overhead of the CONSUL TANT's basic hourly rates and shall not be billed.
Additionally, addressing administrative issues regarding the professional Services agreement , such as preparing additional Services requests or budget modifications, shall also be considered as included in the overhead of the CONSUL TANT's basic hourly rates and shall not be billed.
Deliverables:
1. Progress schedules in MS Project format (submitted electronically as an 11" x 17" pdf file and in native MS Project format).
2. QA Program guidelines and QC reports for each Task (in pdf file).
3. Meeting agendas, preparation materials, and meeting minutes for each project meeting (in pdf file).
4. Monthly progress reports and invoices (in pdf file).
Phase I
Task 1.0: Preliminary Engineering/Evaluation
1.1 Attend Project Kick-Off Meeting.
1.2 Visit Project's site to inspect site conditions , existing equipment, and facilities to determine the existing conditions and propose recommendations to City for the improvements . Contact all regulatory agencies that will affect the proposed works to determine applicable codes and ordinances.
1.3 Perform necessary evaluations of the site, equipment, facilities, and ADA pathway to identify opportunities and constraints and review Facility Condition Assessment completed by the City in 2017. Prepare an evaluation report for the site noting condition of existing facilities, infrastructures, code issues, and regulatory issues.
Provide upgrade or replacement recommendations according to the evaluation and report review.
1.4 Provide draft community and stakeholder engagement strategies.
1.5 Meet with City staff to obtain additional information and input as needed. Provide all necessary design services, including but not limited to landscape, civil, structural , electrical, and mechanical design according to the evaluation and recommendations , and the following design criteria:
1.5.1 2019 California Building Codes.
1.5.2 2019 California Fire Codes.
Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 5
1.5.3 2019 National Fire Protection Association (NFPA): 2019 NFPA 72.
1.5.4 Playcore grant requirements.
1.5.5 Remote alarm/communication for HVAC system.
1.5.6 WIFI and electronic access for building.
1.5.7 Parks and Recreations Design Standards.
1.5.8 Comply with age-friendly, inclusionary design standards, and values.
1.5.9 Sustainability and green infrastructure guidelines in National Recreation and Park Association (NRPA).
1.5.10 Fall protection system for roof-top equipment (if needed).
1.5.11 Playground safety, hazard identification, equipment specifications, surfacing/space requirements guidelines in NRPA's Certified Playground Safety Inspector (CPSI) program. Consultant shall have CPSI as part of its team.
1.6 Perform geotechnical investigation and provide report.
1. 7 Work with City staff and community to develop park master and playground schematic plan(s).
1.8 Perform needed topographic survey for existing site, plans layout, and final approved improvements (from the evaluation/recommendation) for use as base layout for the Project's master and playground schematic plans.
1.9 Provide project estimate that includes an itemized list of bid items. The project estimate shall be accurate and prepared based upon current construction pricing and escalated to mid construction. CONSULTANT shall review recent bids, and contact vendors , suppliers, and contractors as necessary to develop an accurate cost estimate . The CONSUL TANT shall provide the assumptions and supporting documents used to prepare the estimate. The project estimate shall consider the following factors:
1. Recent similar Projects bided in the Bay Area, especially in the South Bay.
2. Current economic trend.
3. When the Project will be bided.
4. When construction will occur.
5. The risks that contractors need to consider for the Project.
1.10 Develop project schedule. Schedule shall include all needed times to complete all tasks, including City's review times, permitting process, and construction period.
1.11 Meet with City staff to review City comments on park master and schematic design, and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments.
1.12 Plan, coordinate, schedule, attend meetings, and produce meeting minutes with action items for all meetings with the City as deemed necessary to efficiently complete this phase of the design in a timely manner.
Design Professional Agreement with Gates and Associates/Exh ibit A-Scope of Services Rev. 04-12-21 Page 6
Task 1 Deliverables - Electronic and hard copy format:
1. Evaluation report (draft and final) - One (1) PDF of draft and final report and one (1) Microsoft Word file of final report.
2. Soil report - One (1) PDF
3. Draft park master & schematic plans: One (1) PDF and one (1) AutoCAD file.
4. Consultant's CPSI signs off on schematic design for playground with emphasis on all elements of play and related requirements for the playground.
5. Project schedule - One (1) PDF and one (1) Microsoft Project file.
6. Budget estimate - One (1) PDF and one (1) Microsoft Excel file.
7. Miscellaneous project information (as requested) .
8. Meeting minutes - one (1) PDF and one (1) Microsoft Word file.
Task 2.0: Community Outreach
Consultant shall work closely with City staff to develop meeting strategy and format to engage the community .
2.1 Develop presentation mater ials, exhibits , design alternatives, and questionnaires for public workshops/meetings .
2.2 Plan, coordinate, schedule, attend workshops/meetings, and produce meeting minutes . Plan for three (3) workshops/meetings.
2.3 Based on community 's input, refine, and develop final park master plan and playground schematic plan .
2.4 Produce meeting minutes with action items .
Task 2 Deliverables - Electronic and hard copy format:
1. Exhibits , alternative , & questionnaires - PDFs and hard copies as needed.
2. Final master & schematic plans : One (1) PDF and one (1) AutoCAD file
3. Miscellaneous Project information (as requested).
4. Meeting minutes - one (1) PDF and one (1) Microsoft Word file.
Task 3.0: PRC & CC Meetings
Consultant shall assist City staff to present the Project to Parks & Recreation Commission and City Council.
3.1 Prepare PowerPoint presentation using City template, including plans and alternatives, for Parks & Recreation Commission meetings. Plan for two (2) PRC meetings.
3.2 Prepare PowerPoint presentation , including plans and alternatives , for City Council Meetings. Plan for two (2) meetings.
Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 7
3.3 Produce meeting minutes with action items, if applicable.
3.4 Provide CEQA determination and assist in filing paperwork.
Task 3 Deliverables - Electronic and hard copy format:
1. Presentation materials, exhibits, & alternative - PDFs and MS PowerPoint file.
2. Revised final master & schematic plans: One (1) PDF and one (1) AutoCAD file.
3. Miscellaneous Project information (as requested) .
4. Meeting minutes - one (1) PDF and one (1) Microsoft Word file Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 8
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.
FOR
WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT
I. GENERAL PAYMENT
EXHIBIT B
SCHEDULE OF FEES
The total payment to the Consultant for Basic Services, as stated in Exhibit A, shall not exceed $80,710. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $12,107. In no event shall the amount billed to City by Consultant for Services under this Agreement exceed $92,817, subject to budget appropriations.
Consultant shall bill City on a monthly basis for Services provided by Consultant during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. Billing shall be proportionate to the Services performed for each task completed. The invoice shall describe the Task completed, and percentage completed by Task, and total during the invoice period.
The invoice shall also show the total to be paid for the invoice period. City will pay Consultant within thirty (30) days of City's receipt of an approved invoice.
II. BASIC SERVICES
The total payment to Consultant for all work necessary for performing all Tasks, as stated in Exhibit A, shall be in proportion to Services rendered and on a Time and-Material not-to-exceed basis.
The Consultant fee allocated to each Task, as shown below, shall be the Consultant's full compensation for all the Consultant Services required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. The total amount of all the Tasks is a not-to exceed amount.
The amount for each Task and the total amount of all the Tasks are as listed below:
Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 1
Description of work and task Cost for Basic
Services
Task No. 1 - Preliminary En~ineerin~ and Evaluation $59,725 Task No. 2 - Community Outreach $13,865
Task No. 3 - Parks and Recreation Commission and City $7,120 Council's Approval
TOTAL COST $80,710
In no event shall the amount billed to City by Consultant for BASIC SERVICES under this Agreement exceed eighty thousand seven hundred ten dollars ($80,710).
Ill. REIMBURSABLE EXPENSES
There are no reimbursable expenses.
IV. ADDITIONAL SERVICES
Additional Services consists of work not included in the Scope of Services outlined within this Agreement. Pre-approved Additional Services shall be billed to City at the fixed hourly rates shown below in Section V, RATE SCHEDULE, or at an agreed negotiated lump sum price. Monthly billing for Additional Services shall be consistent with the term set forth in this Agreement. Payment for any Additional Services is allowed only if written authorization is given by the City Engineer in advance of the work to be performed. Additional Services shall not exceed $12,107.
V. RA TE SCHEDULE
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.
The pay rates for the project by classification are listed below:
Primary Consultant - GATES AND ASSOCIATES LANDSCAPE
ARCHITECTURE, INC.:
Design Professional Agreement with Gates and Associates/Exhibit 8- Schedule of Fees Rev. 04-12-21 Page 2
RATE SCHEDULE
GATES + ASSOCIATES
I. HOURLY FEE S
HOUR LY FEES FOR SERVl,CES OF:
Partner
Principal
Associate Principa l
Senior Associate
Job Captain
Sr. Irrigati on Designer
Irrigation Design Technician
Sr. Visual Communica t ions Designer
Communi ty Outreach Facilitator
Marketi ng Coordi nator
Administrati ve/Drafter
II. EXPENSES (REIMBURSABLES)
RATE PER HOUR:
$190.00 - $225.00
$160 .00 - $195.00
$140.00 - $165.00
$130.00 - $145.00
$120.00 - $135. 00
$145.0 0 - $170.00
$95.00 - $115.00
$130.00 - $155.00
$145.00 - $175.00
$95.00 - $145.0 0
$90.00 - $125.00
A. Consultant s at approximate ly the same rates indicated above or on consultant fee schedules.
B. Other direc t expenses at cost whic h may include :
1. Printing and reproduction cost s.
2. Mileage and travel costs.
3. Miscellaneous
Hourly rates may be adjusted on January 1 of each year and shall apply for any services rendered after that date.
Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 3
Subconsultant Billing Rates:
SAHDIS STANDARD HOURLY CHARGE RATES @) SAND I 5 .
Enforced January 1, 2021 Through December 31, 2021
EHGIHEERIHG AHO QSO/P SERVICES HOURLY RATE
Project Control Specialist/ Clerical $90.00
Computer/ Field/ Engineer Technician Levell $105.00
Level II $115.00
Level Ill $125.00
Sr. Engineer Technician $130.00
Field Technician Levell $105.00
Level II $125.00
Level Ill $135.00
Design Engineer Levell $120.00
Level II $125.00
Level Ill $130.00
Project Engineer/ Traffic Engineer Levell $140.00
Level II $155.00
Level Ill $175.00
Senior Engineer Level I $190.00
Engineering Project Manager Levell $185.00
Level II $215.00
Associate Project Manager/ Senior Project Manager/
Senior Traffic Engineer $235.00
Principal $350.00
Forensic Review/ Analysis/ Claim Support $250.00
SURVEYING SERVICES/ HIGH DEFINITION SCANNING/ 3-D MODELING SERVICES CAD/ Surveying/ Scanning Technician Levell $105.00
Level II $110.00
Level Ill $125.00
Project Surveyor/ Scanning Specialist Levell $135.00
Level II $145.00
Level Ill $175.00
Survey Project Manager Levell $185.00
Level II $215.00
Senior Field Survey Supervisor(PLS) $235.00
Utility Locating Services I-Person Crew $175.00
Utility Locating Manager $150.00
Traffic Safety Flagger $115.00
I-Person Survey Crew $195.00
2-Person Crew $305.00
2-Person Survey Crew w/ Apprentice $385.00
Reimbursable Costs Printing, monuments, materials, outside services and consultants, courier/delivery services, express/ overnight mail, travel/per diem, agency fees advances, etc., at cost plus 10%.
Overtime All overtime charges are invoiced on the basis of one and one-hall times the above rates. Double time Invoiced at two times the above rates.
Escalation Escalation for future years shall be at a minimum of 3.5% increase per year. Sandis at its sole discretion may utilize its subsidiaries to perform the services presented in this proposal.
Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page4
FEE SCHEDULE
■ : • ■■ . ■■■■■■■ •Iii ■ ••••••• •• ■ • - ■ ~ •·• ••••' ■ •!lilliilliiil ■ -.iilllllii l ·· ■ iilliiiilliiiiliiii!tli - Ii i, - Hourly Rates
Principal $235/hr.
Associate $190/hr.
Architect 3 $180/hr.
Architect 2 $160/hr.
Architect 1 $150/hr.
Job Captain $130/hr.
Senior Draftsperson $120/hr.
Draftsperson $115/hr.
Jr. Draftsperson $105/hr.
Int. Project Designer $130/hr.
Int. Staff Designer $110/hr.
Administrative Staff $ 85/hr.
Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 5
BSK Associates - January 1, 2021 to June 30, 2021 Prevailing Wage Schedule of Fees PROFESSIONAL STAFF TECHNICAt.STAFF(PREVAILINGWAGE/
Principal $ 248.00 Field Supervisor
Senior Professional $ 221.00 Group !-Sp ecial Inspector Project Professional II $ 204.00 Group 2-Specl •I Inspector Project Professional I $ 171.00 Group 3 - Englneerlng Tec:hnlctan Staff Professional II $ 154.00 Group4-Technlc ian
Staff Professional I $ 138.00 Ground Penetrating Radar Scanning Technician SeisrnlcGIS $ 193.00 CoreDrlllingTechniclan
GISSpeclallst $ 138.00 Floor Flatness TestlngTechnlclan Information Speclallst II $ 154.00 sample Pickup /Transportation/ Delivery Information Specialist I $ 138.00 Laboratory Technician CAD $ 100.00 Administrative Assistant/Clerical
Project Administrator $ 95.00 Litigation support
EQVIPMENT BASIS OF CHARGES FOR f/EI.O TECHNICIAN SERVICES Nuclear Gauge (Day) $ 61.00 Field workfromO to4 hours
Ultrasonic \VEid Equipment (Day) $ 61.00 Field Work from 4 to 8 hours Torque Wrench (Day) $ 61.00 Aeld Work over 8 hours/Saturd ays Proof Load Equipment (Day) $ 61.00 Sundays, holidays and over 12 hours Rebar Locator/ Pachomete" $ 110.00 Swing shift (4:00pm to Midnight) Hand Auger {Day) $ 221.00 Graveyard Shift:
Water Meter (Day) $ 56.00 Show-up time(no work perlormed) Drillin g Kit. Paint. stakes and lath. (Project) $ 29.00 Sampling or cylinder pickup, minim um charge Drill ing Supplies• Reuseoftubes/caps(ProjECt) $ 276 .00 Manometer (Day) $ 221 .00 OJR/PREVAtUNGWAGEAOMINISTRAnONFEES,MONTHLYI Double Ring tnfiltrom eter (Day) $ 551.00 Cortified Payroll /DIR Upload Non-Performance Certified Payroll/ 01 R Upload
ANALYS/SSOFJWARE USAGE FEES Subcontractor Management/ComplianceForms glNT (Project) $ 56.00 Additional LCP Tracker or other Compliance Software LPile(Project) $ 56.00 Addltional Special Forms. as required APlle (Project) $ 56.00
SHAFT(Project) $ 56.00 R£/MBURSA8LES
GROUP (Project) $ 110.00 Mileage(Portal to Portal)
Cllq (Project) $ 56.00 Per Diem (as required)
llquefyPro (Project) $ 56.00 Bridge Toll
liq IT (Project) $ 56.00 Parking Fees
NovollQ(Project) $ 56.00 Subconsultant/Subcontractor Services, Vendors. and Elcpenses Sllde(Project) $ 110.00 Project Administration Fees
Settle3D (Project) $ 110.00 DIR Administration Fees
ArcGIS (Project) $ 56.00 Project Setup (Project)
EZ•FRISK (Per Project Slte/SlteClass) $ 525.00
MJi.1ff<iA.l.StA.stHA1Unl'YJUTI'
SOILS
MotstureDensltyCurves California Bearing Ratio (CBR}
Standard Proctor, 4" (IISTM/AASHTO) $ 256.00 CBR at 100%(/olM 01883 or AASHTOT-180) Modified Proctor, 4" Mold (ASTM/AASHTO) $ 256.00 CBR at 95% (/olM D1883 or AASHTOT-1801 Mo dined Proctor, 6" mold (ASTM 01557) $ 272.00
Caltrans Maximum Wet Density{CT216) $ 233.00 PetmeabJUty Tests Ch« k Point $ 148.00 Rigid Wall Perm .. blllty (ASTM 02434) Flexible Wall Permeability{ASTM 05084)
PartlcleSfzeAnalysis Remolded Flexwall P«m (folM 05084) SloveArlalyslsw/Wash IASTM0422) $ 185 .00
Mlnus#200Wa!h, Soll (fo1M01140) $ 90.00 Soll Corrosivity Tests Hydrometer Analysis {ASTM 0422) $ 244.00 Minimum Resistivity ofSoils{CT6 43) Double Hydrometer (ASTM 04221) $ 340.00 pH
Spe<lffcGravity of Soll (ASTM D854) $ 174.00 Soluble Sulfate, Chloride and Sulfide vi sual Classification (ASTM 02488) $ 47.00 OXldation Reduction of Soll Sand Equlvalent(ASTM D2419) $ 137.00
%Organics In Soll (ASTM 02974) $ 149.00 Soll Cernmt Tests Freeze Thaw Abrasion (ASTM 0560)
Atte,berg limits/ SWell Tests Wetting•Dryln&Abrasion (ASTM 0559) Plasticity Index (folM 04318) $ 238.00 Preparation ofFreeze-ThaworWettlng-OryingTests Shrinkage Limits of Sol ls (ASTM 0427) $ 222.00 Soil Cement Compression (ASTM 01633) £xpansion Index of Solis (UBC No. 29) $ 256.00 Cement Content Soll Cement (ASTMC1084) Moisture Density Test Olher
Tube Density $ 54.00 SamplePreparatlon
Moisture Content ofSoils{ASTM 02216) $ 47.00 Crumb Test Olsperstlon (ASTM D6S72) PinholeDisperslon Test (ASTM)
•R• vafue Detenninotton Sand Density Calibration (IISTM 015661 R·Valueo/Solls (CT 301) $ 432.00
R-ValueofTreated Materials (CT301)) $ 478.00 unconfined Compression Unconfined Compression (ASTM 02166)
Consolidation Tests
Consolidation (folM D2435) $ 455.00 Shear Tests
Consolidation* Extra Polnts{ASTM D243S) $ 61.00 Direct Shear* Undisturbed (ASTM 03080) Collapse Poten tial of Solis (folM 024 35) $ 222.00 Direct Shear, Remolded (ASTM 03080) Remolded Consolidation (ASTM 02435) $ 386.00 Trlaxlal Compression Testing One-Oimen Swell of Soll (folM 04546) $ 142.00
Design Professiona l Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21
$ 171.00
$ 149.00
$ 142 .00
$ 129.00
$ 112.00
$ 289.00
$ 210.00
$ 189.00
$ 108 .00
$ 108 .00
$ 86.00
l.Sxstand ard rate
81114 hours
B1118 hours
Billtlmeandahalf
BIii doubletlme
Add $20.00 per hour
Add $30.00 per hour
Bill 2 hours
81112 hours
$ 300.00
$ 100.00
$ 100.00
$ 200 .00
$ 150 .00
$ 0.88
$ 150.00
Cost+lS %
Cost +l5%
Cost+l5 %
7%oflnvolce
3%oflnvolce
$500 .00
$ 557.00
$ 1,079 .00
$ 307.00
$ 478 .00
$ 608.00
$ 15 3.00
$ 71.00
$ 142 .00
$ 61.00
$ 681.00
$ 647.00
$ 818.00
$ 261.00
$ 261 .00
$ 71.00
$ 85.00
$ 272.00
$ 102 .00
$ 137.00
$ 238 .00
$ 285.00
QUOTE
Page6
- HORT SCIENCE
w BARTLETT CONSULTING
Fees for Services
HortScience I Bartlett Consulting
Hourly Rates
Principals
Consulting Arborist
Expert Witness
Arborist
GIS/CAD Specialist
Clerk
$220.00/hour
$180.00/hour
$300.00/hour
$150.00/hour
$150.00/hour
$70.00/hour
Hourly fees are portal-to-portal. Direct expenses such as reproduction and shipping shall be reimbursed at cost plus 15%. Mileage shall be reimbursed at the latest published IRS rate, currently $0.56 per mile (from Pleasanton).
March 2021
Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 7
CHARGE RATE SCHEDULE1
Title Hourly Rate
Senior Principal $ 300 .00
Principal Project Manager $ 275 .00
Senior Environmental Specialist $ 240 .00
Senior Project Manage r $ 215.00
Environmental Specialist $ 200 .00
Biologist $ 190 .00
Project Manager $ 190.00
Associate Project Manager $ 160.00
Assistant Project Manager $ 130 .00
Researcher $ 115.00
Draftsperson/Graphic Artist $ 120.00
Document Processor/Quality Control $110 .00
Administrative Manager $110 .00
Office Support $ 95 .00
Mater ials, outside services and subconsultants include a 15% administration fee.
Mileage will be charged per the current IRS standard mileage rate at the time costs occur.
Subject to revision June 1, 2021.
1 David J. Powers & Associates, Inc. (DJP&A) provides regular, clear, and accurate invoices, in accordance with normal company billing procedures . The cost estimate prepared for this project does not include special 3ccounting or book keeping procedures, nor does it include preparation of extraordinary or unique statements or Design Professional Agreement with Gates and Associates/Exhibit 8- Schedule of Fees Rev. 04-12-21 Page 8
!HOURLY FEES
HOURLY FEES FOR SERVICES OF:
Engineer ing
Draft ing
Admin istrat ive
IHOURLY FEES
HOURLY FEES FOR SERVICES OF:
Doug Evers
RATE SCHEDULE
ATI UM ENGINEERING
RATE PER HOUR:
$180
$125
$90
RATE SCHEDULE
PROACTIVE RISK SOLUTI ONS
RATE PER HOUR:
$95 - $125
Design Professional Ag reement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 9
CAPITAL
ENG INEERING CON S ULTANTS, INC .
Capital Engineering Consultants, Inc.
2021 Billing Rates
Sr. Principal
Principal
Director
Sr. Project Manager
Project Manager
Field Services
Senior Engineer
Engineer
Senior Designer
Designer
Technician/ CADD
Intern
Project Administrator
Sr. Admin.
Clerical / Admin.
$230.00 I hour
$210.00 I hour
$200.00 I hour
$190.00 I hour
$182.00 I hour
$180.00 I hour
$164.00 I hour
$149.00 I hour
$139.00 I hour
$128.00 I hour
$118.00 I hour
$113.00 I hour
$98.00 I hour
$67 .00 I hour
$54.00 I hour
Design Professional Agreement with Gates and Associates/Exhibit 8- Schedule of Fees Rev. 04-12-21 Page 10
~ _KA_M_YA_N_&_A_s_s_oc_JA_i_Es ___________ _
~ Structural Engineers
STAFF
Principal Engineer
Project Manager
Senior Structural Engineer
Staff Engineer
CAD Drafters
BILLING RATE SCHEDULE
Jmwa,~1, 2021
HOURLY RATE
$225 per hour
$190 per hour
$175 per hour
$150 per hour
$110 per hour
Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 11
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.
FOR
WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement , the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages , provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office (ISO) form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1 ,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and Design Professional Agreement with Gates and Associates/Exhibit C-lnsurance Requirements Page 1 Rev. 09-28-18
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials , Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or ISO endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease , one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease .
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or Design Professional Agreement with Gates and Associates/Exhibit C-lnsurance Requirements Page 2 Rev. 09-28-18
two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using ISO Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. Cancellation.
4. a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation.
In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
Design Professional Agreement with Gates and Associates/Exhibit C-lnsurance Requirements Page 3 Rev. 09-28-18
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all Design Professional Agreement with Gates and Associates/Exhibit C-lnsurance Requirements Page 4 Rev. 09-28-18
certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara - Public Works Department
P.O. Box 100085 - S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Design Professional Agreement with Gates and Associates/Exhibit C-lnsurance Requirements Page 5 Rev. 09-28-18
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.
FOR
WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices , and compliance with other applicable requirements. If applicable to the Services, Consultant or its subconsultant(s), as applicable , shall comply with the following requirements.
A. Prevailing Wage Requirements
1. Consultant shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk's office, which shall be available to any interested party upon request. Consultant is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Spec ifically, consultants are reminded of the need for comp liance with Labor Code Section 177 4-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accu rate certified payrolls) and 1777.5 in the employment of apprentices on public works projects . Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811- 1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work . Depending on the location of the project and the amount of travel incurred by workers on the project , certain travel and subsistence payments may also be required . Consultants and subconsultants are on notice that information about such special rates, holidays , premium pay, shift work and travel and subsistence requirements can be found at www .dir.ca.gov.
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates . Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed .
Design Professional Agreement with Gates and Associates/E xhibit D-Labor Compliance Rev. 09-28-18
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Consultant agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subconsultants) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Consultant and all subconsultants shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No consultant or subconsultant may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)].
8. No consultant or subconsultant may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Consultants MUST be a registered "public works consultant" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All consultants/subconsultants and related construction Services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works consultant". Those you fail to register and maintain their status as a public works consultant shall not be permitted to perform work on the project.
10. Should any consultant or subconsultants not be a registered public works consultant and perform work on the project, Consultant agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.
Design Professional Agreement with Gates and Associates/Exhibit D-Labor Compliance Rev. 09-28-18
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant's address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance . In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Consultant until Consultant has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Consultant until all required documentation is submitted. Any payment by the City despite Consultant's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon consultants and subconsultants for failure to comply with prevailing wage requirements .
These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation .
Design Professional Agreement with Gates and Associates/Exhibit D-Labor Compliance Rev. 09-28-18
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.
FOR
WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT
EXHIBIT E
MILESTONE SCHEDULE
Phase I
Preliminary Engineering/Evaluation
Community Outreach
Parks and Recreation Commission & City Council Meeting
Duration
7 weeks
7 weeks
8 weeks
Design Professional Agreement with Gates and Associates/Exhibit E - Milestone Schedule Page 1 Rev. 04-12-21
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.
FOR
WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT
EXHIBIT F
PROJECT MANAGEMENT DOCUMENTATION SOFTWARE
1.0 GENERAL
This section is intended to describe the use of e-Builder Enterprise TM (e-Builder) a web-base project management software, as the median for project documentation and reporting. All costs associated with the use of the software is inclusive of the Project Exhibit B - Schedule of Fees.
2.0 e-BUILDER PROJECT MANAGEMENT SOFTWARE PROGRAM
The City of Santa Clara is currently using e-Builder Project Management for all related project management tasks. Consultant is required to comply with all requirements specified in this Exhibit F - PROJECT MANAGEMENT DOCUMENTATON SOFTWARE .
3.0 REQUIREMENTS
A. General Requirements:
1. Consultant and Subconsultants shall provide at a minimum, the following to its staff:
a) Computer: Minimum Intel Pentium® 4 Processor 2.4 GHz or equivalent processor with 512MB of RAM; recommended Centrino Duo® Processors 1.6 GHz or equivalent with 2GB of RAM, or higher; b) Computer Operation System: Windows XP or later and OS X v10.8 or later;
c) Web Browser: Microsoft Internet Explorer 11 .0 or later, Google Chrome v29.0.1 or later, Mozilla Firefox v35.0.1 or later, Safari v6.0.4 or later, Safari for iOS mobile v6.1 or later. Other browsers such as Microsoft Edge, Google Chrome for iOS, and Google Chrome for Android are available on e-Builder; however, but some features might not work as expected;
d) Work and Spreadsheet Processors: Microsoft Office Word, Excel Design Professional Agreement with Gates and Associates /Exhibit F- Project Management Documentation Software Page 1
and Outlook;
e) Scheduling Software: Microsoft Project or Primavera; f) Internet Service Provider: A reliable ISP in the area of the Project; g) Connection Speed/Minimum Bandwidth: DSL, ADSL or T1 Line for transferring a minimum of 3 Mbps Downstream and 512 Kbps Upstream.
2. Consultant and Subconsultants shall provide its management personnel assigned to this Project with access to personal computers and the Internet on a daily basis
B. Project Web Requirements:
C.
1. This project utilizes a web-based project management tool, e-Builder. This web-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information.
2. Consultant and Subconsultants shall conduct Project controls, outlined by the City, utilizing e-Builder. This designated web-based application will be provided by the City at no costs to the Consultant and the Subconsultants.
No additional software will be required. Furthermore, the City Project Manager will assist Consultant in providing training of Subconsultant's personnel.
3. Consultant and Subconsultants shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include, but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures , Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Construction Change Directives, Potential Change Orders, Change Order Requests, Change Orders, etc. All supporting data including, but not limited to, shop drawings, product data sheets, manufacturer data sheets and instructions, method statements , safety MSDS sheets, Substitution Requests , Submittals, etc. and the like will be submitted in digital format via e-Builder.
Electronic File Requirements:
1. In addition to the standard closeout submittal requirements detailed Design Professional Agreement with Gates and Associates /Exhibit F- Project Management Documentation Software Page 2
elsewhere in the Contract Documents, the Consultant and Subconsultants shall also submit all closeout documents including all "As-Built Drawings", catalog cuts, and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings) shall be converted or scanned into the Portable Document Format (PDF) file and uploaded to e Builder.
4.0 IMPLEMENTATION REQUIREMENTS
A. e-Builder is a comprehensive Project and Program Management system that will be implemented for managing documents, communications, and costs between the Contractor, Sub-contractors, Consultant, Sub consultants, and Owner. e-Builder includes extensive reporting capabilities to facilitate detailed.
B. Project reporting in a web-based environment that is accessible to all parties and easy to use.
C. Central Document Vault: e-Builder system includes a central database that maintains all project information and manages project communications amongst team members.
D. Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members.
E. Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder by the City.
F. Reporting: All of the project and program data including documents, communications, and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility.
Design Professional Agreement with Gates and Associates /Exhibit F- Project Management Documentation Software Page 3
Real time, updated
sd1edule lnforrnatloo
Avtomated communications
Schedules
Cost
Workfl<M {transmittals, subrnlnals,
flFls,change orders)
Real time, updated
,o~t/budge1 1nf~)rmatl()n
1\u1oma1ed notificalions (e.g., e-mail notifica1ions of changes In .fche<Jule, do<Utnelll$, workflow) of project changes (schedule, wmkf/ow, cost, mllestonei,, other)
Program Management
Consultants, Architects,
Engineers, Contractors
5.0 LICENSING REQUIREMENT
Executives
Facilities Management
A. User Licenses: Each user license is for access to the site consisting of unlimited data storage. Users can be direct employees of the Consultant as well as its Subconsultants and/or Suppliers.
B. Each user license includes full access to e-Builder, including all of the documents and reports mentioned above. Furthermore, each user license provides thee-Builder software as a service (SaS) including:
1. All hosting, operation, maintenance, and data backup of the e Builder software and documents which are maintained in state-of the-art data centers located throughout the United States.
2. Quarterly e-Builder software enhancements.
3. Unlimited phone, email, and web-based support 24-hours.
Design Professional Agreement with Gates and Associates /Exhibit F- Project Management Documentation Software Page 4
C. e-Builder user licenses shall be obtained by the City, Owner Manager, and QA/QC Agencies for which the Design Consultant is not responsible.
Design Professional Agreement with Gates and Associates /Exhibit F- Project Management Documentation Software Page 5