Design Professional Agreement with CSG Consultants, Inc. Page 1 Rev. 09-28-18
EBIX Insurance No. S200005140
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
CSG CONSULTANTS, INC.
FOR
MISCELLANEOUS ASPHALT AND CONCRETE
MAINTENANCE AND REPAIRS PROJECT—PACKAGE A
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and CSG CONSULTANTS, INC., a California corporation (Contractor). City and Contractor 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. Contractor represents that it, and its subcontractors, 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 Contractor 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 CSG Consultants, Inc. Page 2 Rev. 09-28-18
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum (if applicable)
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 upon execution of the Agreement by the City and terminate on June 30, 2025.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor 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
Contractor 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. Contractor 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 Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, Design Professional Agreement with CSG Consultants, Inc. Page 3 Rev. 09-28-18
expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor 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.
6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is two hundred ninety-three thousand seven hundred ten dollars ($293,710), 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 Contractor’s expense. Contractor 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 Contractor.
B. Termination for Default. If Contractor 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 Contractor.
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, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor 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. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
Design Professional Agreement with CSG Consultants, Inc. Page 4 Rev. 09-28-18
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 CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor 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 Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor 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 Contractor which is otherwise known to Contractor 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 Contractor 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, Contractor 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.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
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 Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor 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. Contractor shall bear the Design Professional Agreement with CSG Consultants, Inc. Page 5 Rev. 09-28-18
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.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Contractor 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 Contractor, its employees, subcontractors, 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, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor 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.
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
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
Design Professional Agreement with CSG Consultants, Inc. Page 6 Rev. 09-28-18
And to Contractor addressed as follows:
CSG Consultants, Inc.
Attention: Michael Fisher, Project Manager
3150 Almaden Expressway, Suite 255
San Jose, CA 95118
and by email at [email protected]
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
Contractor 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, Contractor’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 Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299
).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor 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.
Design Professional Agreement with CSG Consultants, Inc. Page 7 Rev. 09-28-18
21. NO USE OF CITY NAME OR EMBLEM
Contractor 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. A MENDMENTS
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.
CONTINUED ON PAGE 8
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: Approved as to Form: ---- - ---------
GLEN R. GOOGINS
City Attorney
Dated:
8 y (Signature):
N am e:
T i tie:
Pr inc i pa I Place of
"CITY"
Office of the City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
CSG CONSULTANTS, INC.
a California corporation
--- --- -=----- --------
--,,--1 t-tH---------------
___;;_L......;;,~ -+f--'---';_;;__------ ------
- - ---- ---- --------
Business Address: 550 Pilgrim Drive , Foster City, CA 94404 Email Address: [email protected]
Telephone: (650) 522-2500
Fax: (650) 522-2599
"CONTRACTOR"
Design Professional Agreement with CSG Consultants, Inc.
Rev. 09-28-18
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 1 Rev. 09-28-18
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below. Throughout this Exhibit, Consultant and Contractor are used interchangeably.
I. BACKGROUND
The City has identified multiple City sites where asphalt concrete pavement and concrete paving require maintenance and/or rehabilitation. These sites include water wells, sanitary sewer pump stations, Convention Center, Central Library, City Hall, and others. The City intends to package the required maintenance and rehabilitation work into a single construction package for public works bidding. Funding for the work derives from four different sources.
Site Location Project Funding Source
Water Well 22-02 CIP Project 7005
Water Well 24
Water Well 29
De La Cruz Sanitary Sewer Pump Station
Northside Sanitary Sewer Pump Station
Rabello Sanitary Sewer Pump Station
Stadium Sanitary Sewer Pump Station
Westside Sanitary Sewer Pump Station
Central Library (concrete work) CIP Project 5055
Central Library (asphalt paving work) CIP Project 6123
City Hall Parking Lot
Convention Center Parking Lot CC Maintenance District
II. PROJECT OBJECTIVES AND INITIAL SCOPE
The table below identifies the primary initial objectives (initial scope) for each of the sites. The initial scope shall be reviewed, evaluated, adjusted based on site reviews & analysis, and refined in conjunction with the City to develop the final scope. It is expected that the CONSULTANT will develop design options for the City’s consideration.
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 2 Rev. 09-28-18
Site Location Primary Site Objectives (Initial Scope)
Water Well 22-02 Remove & replace driveway between back of walk and entry gate. No detailed topographic
survey anticipated.
Water Well 24 Remove & replace driveway between back of walk and entry gate. No detailed topographic
survey anticipated.
Water Well 29 Remove & replace driveway between back of walk and entry gate. No detailed topographic
survey anticipated.
De La Cruz Sanitary Sewer
Pump Station
Crack seal & overlay or remove & replace site
asphalt concrete paving and driveway
(approximately 4,500 SF). No detailed
topographic survey anticipated.
Northside Sanitary Sewer
Pump Station
Repair (mill & fill) asphalt concrete paving
around wet well including cut-ins from prior
repair work. Asphalt concrete repair area is
approximately 6,200 SF. Pave around 6
electrical boxes, 1 large vault, 2 manhole
covers, 1 pipe penetration, & 2 bollards. No
work is anticipated for the asphalt pavement
entry road. No detailed topographic survey
anticipated.
Rabello Sanitary Sewer Pump
Station
Remove & replace asphalt concrete over
entire site area around the wet well and MCC
building. Remove & replace entry driveway
from base of slope to top of slope (entry to
pump station area). Total asphalt concrete
repair area is approximately 9,500 SF. Pave
around 5 electrical boxes, 1 gate, sewer
manhole cover, 1 valve can, 4 light poles, & 6
bollards.
Stadium Sanitary Sewer Pump
Station
Chip seal or seal coat asphalt concrete paving
(approximately 2,200 SF). No detailed
topographic survey anticipated.
Westside Sanitary Sewer
Pump Station
Remove & replace asphalt concrete paving
(approximately 2,500 SF). Re-grading of site
will be required due to drainage issues (site
subsidence has been observed). Pave around
1 manhole, 1 vault and 1 wet well cover.
Replace approximately 180 LF of on-site curb.
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 3 Rev. 09-28-18
Site Location Primary Site Objectives (Initial Scope)
Central Library (concrete work) Remove & replace concrete paving at front of building due to subsidence (approximately
3,300 SF).
Central Library (asphalt paving
work)
Seal coat main asphalt concrete parking area
(approximately 20,500 SF).
Seal coat (with dig-outs) or thin mill & fill
parking area at east side of library
(approximately 7,500 SF).
City Hall Parking Lot Mill & Fill parking area and drive aisle at north- west corner of site (approximately 7,800 SF).
Convention Center Parking Lot Seal coat asphalt concrete paving at south- east and eastern edges of site (approximately
67,000 SF). Replace roadway striping.
Replace/upgrade existing parking space and
crosswalk striping with ADA-compliant striping.
Upgrade ADA signage. Install new ADA curb
ramps. Include bid alternate for seal coat of
asphalt concrete at pedestrian ramp at east
edge of site. No detailed topographic survey
anticipated for seal coat scope of work.
III. REQUIRED SERVICES—GENERAL
All design work shall be done in accordance with the City Standard Plans and Specifications, ADA Design Guidelines and Regulations, latest building and fire codes, Department of Transportation Standard Specifications and Details (as applicable to the work), and other applicable codes and standards recommended by the Consultant.
Consultant shall:
1) Perform thorough site investigations to ascertain existing conditions and the likely causes for deterioration of the site or site facilities. Evaluate and determine pavement condition and conditions that impact site pavement (e.g. utility trenches, utility vaults, manholes, structures, pipelines, etc.) 2) Review as-built information (as available) to understand history of previous site construction and improvements.
3) Perform field review and investigation of site frontage to determine compliance with current City standards for driveways, curb & gutter, sidewalks, and ADA regulations. Recommend replacement of existing facilities as necessary to conform to current standards / regulations.
4) Develop design options/alternatives for
repair/rehabilitation/restoration/replacement of site pavements and ancillary facilities (e.g. drainage, curbs, gutters, sidewalks, ramps, striping, etc.).
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 4 Rev. 09-28-18
5) Evaluate each site with respect to feasibility of implementing green infrastructure elements. Provide recommendations to City for each site. 6) Develop plans, specifications and estimates at 75%, 100%, and bid document levels of completion.
7) Provide support to CITY in obtaining building and fire permits. 8) Provide support to CITY during bid & award, construction, and post-construction phases of the Project.
9) Perform project management activities to ensure timely and on-budget completion of services.
10) For the concrete replacement work at the Central Library, include in the design drawings two pullboxes and interconnecting spare conduits for future use. The conduits shall be sized to accommodate future EV charging stations at the south side of the library. One pullbox shall be located adjacent to the building wall (probably in a landscape area) nearest the adjacent interior electrical room. No building wall penetrations will be included in the drawings. The other pullbox shall be located on the south edge of the new concrete adjacent to the curb.
IV. REQUIRED SERVICES—SPECIFIC
CONSULTANT shall perform the specific services as indicated below.
PROJECT MANAGEMENT
CONSULTANT shall:
A. 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.
B. 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.
C. 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.C.1 Kick-off Meeting
1.C.2 Preliminary Engineering/Evaluation
1.C.3 7 5% Design Review Meeting
1.C.4 Punch list/Project acceptance Meeting
D. Coordinate with CITY, design team members, consultants, utility companies, other government agencies, and other affected parties as required throughout Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 5 Rev. 09-28-18
the duration of the project as well as the Quality Assurance/Quality Control (QA/QC) activities for project deliverables.
E. 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.
CONSULTANT shall notify CITY if there are delays or potential delays in any phase of the project. In such cases, CONSULTANT 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.
F. 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 CONSULTANT. During the course of Services while there is active work on the PROJECT, CONSULTANT 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.
G. Provide monthly progress reports.
H. Stakeholder Coordination: CONSULTANT 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.
I. 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.
J. 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 d eliverables shall be budgeted and billed under each respective task requiring QA-QC review and not as Project Management.
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 6 Rev. 09-28-18
K. Invoicing and Contract Administration: CONSULTANT administrative staff time spent preparing invoices for Services complete shall be considered as included in the overhead of the CONSULTANT’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 CONSULTANT’s basic hourly rates and shall not be billed.
L. Payment for all responsibilities related to Project Management shall be included in the various tasks identified in Exhibit B, Schedule of Fees.
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).
Preliminary Engineering/Evaluation (Task 0)
1.1 Attend Project Kick -Off Meeting and provide meeting minutes for the City to review and approve.
1.2 Perform all necessary assessment and investigations 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 Review all necessary as -builts to understanding existing condition in order to prevent utility conflicts and changes during construction.
1.4 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, and electrical design.
1.5 Perform needed topographic survey for existing site s, plans layout, and final approved improvements (from the evaluation/recommendation) for use as base layout for the design plans.
1.6 CITY maintains a list of known utility operators in CITY. CONSULTANT shall prepare a Notice of Intent to Cons truct (NOI) on CITY’s standard NOI form and submit it to the known utility operators in order to gather records for existin g utilities. Location map exhibits will be required to be submitted as part of the Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 7 Rev. 09-28-18
NOI. CONSULTANT shall provide CITY a draft of the NOI prior to sending it to the utility, maintain log of all NOI sent and received, and provide CITY all information received from the NOI. The purpose of the collection of utility information is to identify ownership of surface features that will be impacted by the work, and also to identify if there are any high- risk utilities within the project limits that may be impacted by the work.
All data collected from the field shall be provided to the City for records. Prior to performing data collection, CONSULTANT shall provide a work plan to the City for review and approval. No work shall be performed unless authorized by the City.
Task Deliverables (Preliminary Engineering/Evaluation):
1. CONSULTANT recommendations for scope of work, scope of work adjustment s, design options, and green infrastructure feasibility.
Task 1.0: 75% Construction Documents
Plans shall be drawn to scale, on D- size (24” X 36”) sheets, at an engineering scale up to 1” = 40’ maximum, conforming to City’s Design Criteria. Plans are to be drawn by AutoCAD 2021 or earlier versions, using City-provided standard AutoCAD template with background layout from Consultant’s topographic survey.
1.1 Prepare 75% construction documents and supporting information for the City’s review. Consultants shall follow City’s Design Criteria and plan format to prepare 75% Plans and supporting information for the City’s review. Plans with details of major design components as necessary such as: Site Plan, Existing Condition, Proposed Improvement, Traffic Control Plan, Details, and other pertinent information for the City to review and provide comments.
75% Plans shall include all existing utilities on- site and immediate surrounding off-site areas. Pertinent background information as relating to proposed improvements such as, but not be limited to, layouts, fence, gate, pedestrian pathway, property lines, site entrance/exist driveway, adjacent streets shall be shown.
Provide technical specifications.
1.2 Prepare 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- point of construction. CONSULTANT shall review recent bids, and contact vendors, suppliers, and contractors as necessary to develop an accurate cost estimate. The CONSULTANT shall provide the assumptions and supporting documents used to prepare the estimate. The project estimate shall consider the following factors:
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 8 Rev. 09-28-18
1. Recent similar Projects bid in the Bay Area, especially in the South Bay.
2. Current economic trends.
3. When the Project will be bid.
4. When construction will occur.
5. The risks that contractors need to consider for the Project.
1.3 Develop project schedule. Schedule shall include all needed times to complete all tasks, including City’s review times, permitting process, and construction period.
1.4 CITY maintains a list of known utility operators in CITY. CONSULTANT shall prepare a Notice of Intent to Construct (NOI) on CITY’s standard NOI form and submit it to the known utility operators in order to gather records for existing utilities. Location map exhibits will be required to be submitted as part of the NOI. CONSULTANT shall provide CITY a draft of the NOI prior to sending it to the utility, maintain log of all NOI sent and received, and provide CITY all information received from the NOI. The purpose of the collection of utility information is to identify ownership of surface features that will be impacted by the work, and also to identify if there are any high- risk utilities within the project limits that may be impacted by the work.
All data collected from the field shall be provided to the City for records. Prior to performing data collection, CONSULTANT shall provide a work plan to the City for review and approval. No work shall be performed unless authorized by the City.
1.5 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.
1.6 Conduct a quality control (QC) review of design documents (Plans, Specifications, and Engineer’s Cost Estimates).
1.7 CITY will circulate the submittal package to internal CITY departments for review and comments. CONSULTANT shall be responsible for submitting the package to external stakeholders if required. CONSULTANT shall prepare written responses to all written comments received. All redlined drawings shall be returned with CONSULTANT’s response on the redlined drawings.
1.8 CONSULTANT shall be responsib le for resolving comments from each commenter and shall identify to CITY any comments that cannot be resolved.
CONSULTANT shall conduct a 75% comments review meeting with CITY to discuss comments on the submittal package, to identify any significant design issues, and gain concurrence as to how the submittal shall be revised as appropriate to incorporate CITY’s comments.
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 9 Rev. 09-28-18
1.9 CONSULTANT is required to coordinate potential utility conflicts . All potential utility conflicts shall be discussed with the City and coordinated with each respective utility agency to clear all conflicts. The project plan shall clear ly identify all existing utilities that will be and potentially be impacted during construction.
Task 1 Deliverables – Electronic and hard copy format:
1. 7 5% Plans – One (1) PDF and one (1) AutoCAD file.
2. 7 5% Engineering cost estimate – One (1) PDF and one (1) Microsoft Excel file.
3. Project schedule – One (1) PDF and one (1) Microsoft Project file.
4. Quality control checklist for 7 5% PS&E submittal – One (1) PDF and one (1) Microsoft Word or Excel file.
5. Miscellaneous Project information (as requested).
6. Meeting minutes – One (1) PDF and one (1) Microsoft Word file.
7. Field notes, photographs, and Underground Service Alert (USA) information.
8. Notice of Intent form(s)
Task 2: 100% Construction Documents
Based on City’s comments and direction on the 7 5% PS&E, Consultant shall revise the 75% PS&E to produce the 100% PS&E. Consultant shall:
2.1 Prepare 100% construction documents and supporting documents.
2.1.1 Phase percentage statement such as “100% Plans. Not for Construction” shall be removed from the 100% Plans and each sheet of the plans set shall be stamped and signed by the Consultant’s Engineer of appropriate discipline.
2.1.2 Specifications shall be stamped and signed (on Document 00030 – Seal) by Consultant’s Project Engineer.
2.1.2.1 Specifications shall include any required modifications to City Standard Specifications to suit Project. Modified sections include, but are not necessarily limited to, general information, summary of work, measurement and payment
for bid items, permitting and agency regulatory requirements, etc.
2.1.2.2 Consultant shall provide required information to the City’s Project Specific Specification Book (Divisions 0, 1, and 2). Required information from Consul tant for City’s front- end specifications are, but are not necessarily limited to , the following:
2.1.2.2.1 Description of work
2.1.2.2.2 Type of Contractor’s License required
2.1.2.2.3 Construction Schedule
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 10 Rev. 09-28-18
2.1.2.2.4 Bid Schedule
2.1.2.2.5 Requirements for Contractor’s Statement of
Qualifications (e.g. experience requirements for
similar work and contract values)
2.1.2.2.6 Identification of any changes to the City’s standard specifications that are required.
2.2 Prepare an updated Engineering Cost Estimate with backup and justification for unit pricing.
2.3 Prepare an updated Project Schedule.
2.4 Provide Documents for City’s PS&E approval process. Required documents are, but not be limited to, engineer’s estimate using the schedule of quantities format, recent similar project bid summaries to validate engineer’s estimate, consultant Peer Review Certification, consultant Lessons Learned from other similar projects that were applied to this Project.
2.5 Conduct a quality control (QC) review of design documents (Plans, Specifications, and Engineer’s Cost Estimate).
2.6 100% PS&E shall be Peer reviewed and Certification of Peer Review shall be submitted with the 100% Submittal.
A statement to indicate Peer Review has been performed and signature of the Engineer who performed it shall be added to the Plans Cover Sheet.
Certification of Peer Review: The following paragraph shall be put on the company letter head, dated, and signed by the Peer Review Engineer. “The undersigned hereby certifies that a professional peer review of these plans and the required designs was conducted by me, a professional engineer with expertise and experience in the appropriate fields of engineering equal to or greater than the Engineer of Record, and that appropriate corrections have been made.”
2.7 Prepare and submit Special Inspection Form for the Project.
2.8 Meet with City staff as needed to review City comments on 100% submittal and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments.
2.9 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.
2.10 Provide written response matrix to City’s comments on 75% PS&E.
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 11 Rev. 09-28-18
2.11 Provide list of potential bidders including company name, email address, contact number, and address of business.
2.12 The City shall review the 100% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and Project bid and construction schedule) to ensure that all comments and issues have been rectified. After the 100% Design Submittal Package has been deemed acceptable, City staff will then submit the 100% Design Submittal Package to the Building Division and Fire Department for review and approval.
Task 2 Deliverables – Electronic and hard copy format:
1. 100% Plans – One (1) PDF and one (1) AutoCAD file.
2. 100% Specifications – one (1) PDF and one (1) Microsoft Word file.
3. Structural Calculations – One (1) PDF.
4. Certification of Peer Review – One (1) PDF.
5. 100% Engineering Cost Estimate – One (1) PDF and one (1) Microsoft Excel file.
6. Updated Project Schedule – One (1) PDF and one (1) Microsoft Project file.
7. Special Inspection Form – One (1) PDF.
8. Quality control checklist for 100% design submittal.
9. Written response matrix – One (1) PDF and one (1) Microsoft Word or Excel file
Task 3: Bid Documents (P&S)
The Bid Documents shall incorporate all comments from the City including comments from the Building Division (for building permit), Fire Department (for Fire Permit, if applicable) Public Works, Water & Sewer , SVP, and any other stakeholders that are involved in the Project. Based on City’s comments and direction on the 100% PS&E, Consultant shall revise the 100% PS&E to produce the Bid Documents. Consultant shall:
3.1 Incorporate City review comments of 100% PS&E into Bid Documents.
3.2 Incorporate permit issuers’ comments (from Building Division and Fire Department) into P&S and coordinate with permitting departments and agencies to obtain acceptance of permit application package.
3.3 Prepare Bid Documents (P&S).
3.3.1 Bid Plans shall be wet stamped and signed by the Consultant’s Engineer of appropriate discipline. Plans shall be drawn to scale and plotted onto D - size sheets.
3.3.2 Bid Specifications shall be wet stamped and signed (on Document 00030 – Seal) by Consultant’s Project Engineer.
3.3.3 Final Engineer’s Estimate
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 12 Rev. 09-28-18
3.3.4 Special Inspection Form required by the Building Division
3.3.5 Any other forms that are required by the Building Division and Fire Department in order to obtain applicable permits from those teams.
3.4 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.
Task 3 Deliverables – Electronic and hard copy format:
1. Bid Plans – One (1) PDF of wet-signed/stamped, D-size and one (1) AutoCAD file.
2. Bid Specifications – One (1) PDF of wet-signed/stamped, A-size and one (1) Word file.
3. Written response matrix – One (1) PDF and one (1) Microsoft Word or Excel file.
4. Quality control checklist for bit set submittal.
5. Written response matrix – One (1) PDF and one (1) Microsoft Word or Excel file.
6. Special Inspection Form
Task 4: Bid and Award Phase Assistance
Consultant shall provide assistance to the City during the bidding and award phase, answer questions from bidders, help and prepare exhibits for addenda when necessary, assist the City in evaluation of bids received, and provide a written recommendation for the award of contract, when requested.
Consultant shall:
4.1 Attend and conduct one Pre-Bid Conference/Site Visit.
4.2 Assist the City with responses to bidder’s inquiries through the City’s Project Manager.
4.3 Assist the City with addenda to the construction documents as needed to respond to bidder’s inquiries and clarify the intent of bid documents.
4.4 Assist the City in evaluating bids (if required by the City).
4.5 Within fourteen (14) days from the bid opening date, prepare and submit a conformed set of contract documents (Plans and Specifications) incorporating any and all addenda (if needed).
Task 4 Deliverables – Electronic and hard copy format:
1. Written response to bidder’s inquiries – Signed PDF.
2. Support information for addenda – Signed PDF.
3. Written recommendation letter to award of contract for the Project – Signed PDF.
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 13 Rev. 09-28-18
4. Conformed Set (if needed) – One (1) PDF of Plans and Specifications, one (1) AutoCAD file of Plans, and one (1) Microsoft Word file of Specifications.
Task 5: Construction Phase Assistance
Consultant’s responsibility to provide basic services for the construction phase under this Agreement commences with the “Notice to Proceed” (NTP) of the contract for construction and terminates on the date the City approves the certificate of completion of the Project.
5.1 Consultant will assist the City in providing administration of the contract for construction. Duties, responsibilities and limitation of authority of Consultant shall not be restricted, modified, or extended without written agreement of the City.
5.2 Consultant shall attend the Pre-construction meeting.
5.3 Consultant shall visit the site three times during construction. During these site visits, Consultant shall attend job progress meetings, pre- submittal meetings, pre-installation meeting, and other meetings as required by the City. Consultant’s structural, civil, and electrical sub-consultants shall visit the site as required when work related to their discipline is in progress.
5.4 Consultant shall make construction observation visits throughout the construction phase. Consultant shall issue an observation report after each visit. Assume up to three (3) meetings.
5.5 In addition to the construction observation visits, Consultant shall review technical submittals, shop drawings, product data, product samples, and product warranties from the contractor for conformance with the specifications and drawings. The Consultant’s action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in Consultant’s judgment to permit adequate review. The Consultant will be allowed a maximum of seven (7) calendar days for review of submittals. Consultant’s review shall not constitute review of safety precautions or, unless otherwise specifically stated by Consultant, of construction means, methods, techniques, sequences or procedures. Consultant’s review of specific items shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documents, Consultant shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the contract document.
5.6 Consultant shall respond to Contractor’s Request for Information (RFI) and Request for Substitution (RFS). Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. Consultant shall be Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 14 Rev. 09-28-18
allowed a maximum of seven (7) calendar days to respond to RFIs and RFSs that impact the Project schedule or a maximum of fourteen (14) calendar days to respond to RFIs and RFSs that do not impact the Project schedule.
5.7 The Consultant shall prepare the Scope of Work, including sketches, for Field Instructions issued to the Contractor. When requested by the City, Consultant shall review Change Order (CO) pricing and provide written responses for the City’s review and finalizing said COs
Task 5 Deliverables – Electronic and hard copy format:
1. Signed PDFs of Reviewed Contractor Submittals, Shop Drawings, RFIs, RFSs, and Field Instructions.
2. Signed PDFs of COs’ recommendations.
3. Signed PDFs of Field reports by Consultant and sub-consultants.
Task 6: Post-Construction Phase
6.1 When requested by the City, Consultant shall conduct reviews to assist the City to determine the date or dates of Substantial Completion and the date of Final Completion. Consultant’s decisions with City approval on matters relating to aesthetic effect may be final if consistent with the intent expressed in the Contract Documents.
6.2 Upon request by Contractor, in accordance with contract Specifications, for Substantial Completion and later Final Completion, Consultant shall assist Cit y in determining if the Project is ready for the stage of completion requested by the Contractor. Consultant shall provide City with a written recommendation.
6.3 Consultant shall perform a walk -through of the Project site, review Contractor Punch List, and provide written response with status and action of items on the Punch List. Consultant shall attend final walk -through of the Project site with the City, verify Punch List completion, and provide written response with recommendation regarding Project acceptance and close-out.
6.4 Consultant shall review Contractor-supplied Operation and Maintenance manuals and Warranties to determine their completeness and compliance with Construction Contract and provide written recommendation for acceptance.
6.5 Consultant shall at completion of the Project provide City with one set of reproducible Record Drawings (RDs) on good quality bond paper that reflect the changes to the work during construction based upon marked up prints, drawings and other data furnished by the Contractor and City. Consultant shall use the original Title sheet for the RDs set. If Consultant adds additional sheets to the Plans, these shall be properly numbered, properly referenced on other affected drawings and included in the drawing index. Consultant may, at its own expens e, prepare and retain a copy of each drawing for its permanent file.
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 15 Rev. 09-28-18
6.6 Provide a complete set of the Record Drawings and all X -ref files “bound,” including other associated fonts, plot style files on AutoCAD, including electronic copies in PDF format. CONS ULTANT may, at its own expense, prepare and retain a copy of each drawing for its permanent file.
Task 6 Deliverables – Electronic and hard copy format:
1. Substantial Completion/Final Completion recommendations and Reviewed Punch List – One (1) signed PDF.
2. Record Drawings – One (1) PDFs and one (1) AutoCAD files on CD/DVD
V. RESPONSIBILITIES OF CITY
CITY will provide the following information and support regarding the project as available and applicable:
• Record drawings (as available)
• CITY’s Standard Details, Specifications, Benchmark, and Design Criteria. • Storm Drain (SD), Sanitary Sewer (SS), Electric, Fiber, Water and Recycled Water Block Book Maps (as available).
• Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, and aerial photographic tiles
• Payment of permit application fees with other internal departments, if required.
• 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.
Design Professional Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Page 16 Rev. 09-28-18
VI. ANTICIPATED PROJECT MILESTONE SCHEDULE
The City expects the work on the project to follow the timeframes indicated below.
Activity Duration
Preliminary Engineering / Evaluation Task
Complete with any needed meetings with City for
input and completion of consultant
recommendations for scope of work adjustments,
design options, and green infrastructure feasibility
5 ½ weeks
75% Construction Documents (not including City
review time) 8 weeks
100% Construction Documents (not including City
review time) 6 weeks
Bid Documents 2 weeks
Provide clarifications and assistance during the
bidding phase to satisfactorily answer any
questions from prospective bidders
2-day response time
Prepare Record Drawings 2 weeks
Design Professional Agreement with CSG Consultants, Inc./Exhibit B-Schedule of Fees Page 1 Rev. 09-28-18
EXHIBIT B
SCHEDULE OF FEES
Throughout this Exhibit, Consultant and Contractor are used interchangeably.
I. GENERAL PAYMENT
The total payment to the Consultant for Basic Services, as stated in Exhibit A, shall not exceed $255,400. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $ 38,310. In no event shall the amount billed to City by Consultant for services under this Agreement exceed $293,710, subject to budget appropriations.
Billing shall be on a monthly basis based on the services performed for each task.
Consultant shall, during the term of this Agreement, invoice the City for hour s and dollars of work completed under this Agreement. The invoice shall describe the Task invoiced, percent complete of the Task, time and materials expended by Task, and total amount during the invoice period. The invoice shall also show the total to be paid for the invoice period. All invoices shall provide a written description of work performed during the invoice period, deliverables completed, and progress to date on Tasks being invoiced in order to support the amount invoiced.
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 materials 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 by this Agreement, as directed by the City, and no additional compensation shall be allowed. City may reallocate budget from Tasks to other Tasks or to or from additional services. The Consultant shall bill time and materials spent on a Task under the appropriate Task and will not be allowed to charge to future or inactive tasks unless approved in writing by City. The Consultant shall provide a summary of dates and hours charged per date by individual, and individual timesheets, if requested by City. The hours and amounts charged to each Task shall be proportionate to the services rendered.
Tasks denoted as Optional Tasks, as stated in Exhibit A, require pre-approval in writing by CITY prior to performing any services under the task. Payment for any Optional Task is allowed only if written authorization is given by the City in advance of the work to be performed. Fees for Optional Tasks shall be considered as Basic Services.
Design Professional Agreement with CSG Consultants, Inc./Exhibit B-Schedule of Fees Page 2 Rev. 09-28-18
The total amount of all the Tasks is a not -to-exceed amount. Figures in the following table include all subconsultant costs, miscellaneous expenses, and administrative markups.
CONSULTANT shall invoice time and expenses according to the T asks identified in the table below.
Description Amount
Task 0 Preliminary Engineering / Evaluation $60,290
Task 1 75% Construction Documents $66,870
Task 2 100% Construction Documents $54,250
Task 3 Bid Documents $12,880
Task 4 Bid and Award Phase $ 3,560
Task 5 Construction Phase $18,970
Task 6 Post-Construction Phase $ 4,660
Subtotal $221,480
Optional
Task A
Bid Alternate for Pedestrian Ramp at
Convention Center
$ 9,920
Optional
Task B
Green Infrastructure Implementation $24,000
Total $255,400
In no event shall the amount billed to City by Consultant for Basic Services under this Agreement exceed two hundred fifty-five thousand four hundred dollars ($255,400), subject to budget appropriations.
III. MISCELLANEOUS EXPENSES
Miscellaneous Expenses including, but necessarily limited to, duplication costs, courier fees, and mailing fees shall not be paid or reimbursed separately. The cost for all miscellaneous expenses shall be deemed included in the consultant rates and/or the total amount paid for the respective Task.
Design Professional Agreement with CSG Consultants, Inc./Exhibit B-Schedule of Fees Page 3 Rev. 09-28-18
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 price. Monthly billing for Additional Services shall be consistent with the terms 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 $ 38,310 without approval by the City.
V. RATE SCHEDULE
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.
Rates by classification are listed below. This initial Rate Schedule shall remain fixed for the duration of the Agreement.
Any classifications added to a rate schedule, or staff members changing classifications, shall be approved in writing by City.
Allowable sub-consultant markup: 10%
CSG Consultants, Inc.:
Classification Hourly Rate
Project Manager / Principal $240
Senior Engineer $205
Associate Engineer $180
Assistant Engineer $150
Design Professional Agreement with CSG Consultants, Inc./Exhibit B-Schedule of Fees Page 4 Rev. 09-28-18
Quiet River Surveying:
••• Offic e· Personnel ...
Principal - California !Professional Land Surveyo r (CA PLS ) .. ...... .. .. $ 260.00 Principal - CA IPI....S - !Professi onal W itness .... .... S 225 Prep .J $ 275.00 Court (3 hour minimum,, plus materials and expenses as requ ired} Professiona l Land Surveyor ~Project Manager.. ..... ...... ... .. .......... ........ .$ 200.00 Senior CAD [)rafter/ Survey /Mapp ing Te dmioian 3 . ........... .......... . $ 1165 .. 00 CAD Drafter I Mapp ing Teclhnician 2 .... .. · - · · ·· - · ···· - ····· - ··· · ··· · · · · ··· · ·-·· ·$ U0 .. 00 Project Coordina.tor J Property Researclh Spec ialist ...... ............... ...... . $ 1100 .00 Adm in is1rative Services ...... _ ..... _ . _ ...... _. _ ......... _ .... .......... _ .. _ ..... _ ... _ .... .$, 90.00 Note·: Authori zed overtime fees will be charg,ed at 1.5 times the above rates . .... Fiielld Su1rv,ey Hourliy Rates ...
Note: All Preva iling Wage field crew rates in dud e Vieh i d e, proof of insura noe, survey instruments,, all standa rd survey ,gear and mater ials a.nd typical safety equipm ent. Four Hour Minimum for fi,eld survey ere 1.r. Any additional safieity a111dfor protection requirements and specialized vehicl e:s/trnv el will be billed as additional fees . Overtime hours viii be bill ed at faotored rates. 1I-Person Survey Cre wl Hobotics ....... ......... .. ................... ......... ....... _ 225.00 2-Person Survey Crew (fou r hour minimum) ............................................ .$ 325.00 3-Person Survey Crew (Righ t-of-way traffic work) ... ········ ·······-· .......... $ 365 .. 00 2-Person Survey Crew - Hydrograp hic Work w/ Boat. ........................ .$ 400 00 Design Professional Agreement with CSG Consultants, Inc./Exhibit C-Insurance Requirements Page 1 Rev. 09-28-18
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 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 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 Design Professional Agreement with CSG Consultants, Inc./Exhibit C-Insurance Requirements Page 2 Rev. 09-28-18
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.
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 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 Insurance Services Office (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 Design Professional Agreement with CSG Consultants, Inc./Exhibit C-Insurance Requirements Page 3 Rev. 09-28-18
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.
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.
4. 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.
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 Design Professional Agreement with CSG Consultants, Inc./Exhibit C-Insurance Requirements Page 4 Rev. 09-28-18
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 Insurance Services Office (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 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—Department of Public Works
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 CSG Consultants, Inc./Exhibit D-Labor Compliance Page 1 Rev. 09-28-18
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.
A. Prevailing Wage Requirements
1. Contractor 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. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate 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.
Contractors and subcontractors 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.
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, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) 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 Design Professional Agreement with CSG Consultants, Inc./Exhibit D-Labor Compliance Page 2 Rev. 09-28-18
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, Contractor and all subcontractors 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 contractor or subcontractor 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 contractor or subcontractor 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. Contractors MUST be a registered “public works contractor” 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 contractors/subcontractors 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 contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor 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.
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 Design Professional Agreement with CSG Consultants, Inc./Exhibit D-Labor Compliance Page 3 Rev. 09-28-18
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’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 Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’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 contractors and subcontractors 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.