Design Professional Agreement with Bellecci & Associates, Inc. Page 1 Rev. 09-28-18
EBIX Insurance No. S200005164
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BELLECCI & ASSOCIATES, INC.
FOR
CREEK TRAIL PAVEMENT MAINTENANCE AND REHABILITATION PROJECTS
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Bellecci & Associates, 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 t he 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
Exhibit C – Insurance Requirements
Design Professional Agreement with Bellecci & Associates, Inc. Page 2 Rev. 09-28-18
Exhibit D – Labor Compliance Addendum (if applicable)
Exhibit E – Milestone Schedule (Summary of Key Tasks)
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 date this Agreement is signed by both Parties and terminate on December 31, 2028. Services may commence upon City issuing a written notice to proceed.
Services for the Phase 2 and Phase 3 projects, as described in Exhibit A and Exhibit B, are optional services and shall not commence until City issues a written notice to proceed for each of the Phase 2 and Phase 3 projects.
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.
Design Professional Agreement with Bellecci & Associates, Inc. Page 3 Rev. 09-28-18
5. QUALIFICATIONS OF CONTRA CTOR - 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, 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 four hundred ninety four thousand one hundred ten dollars ($494,110) 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 s hall 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 assi st 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.
Design Professional Agreement with Bellecci & Associates, Inc. Page 4 Rev. 09-28-18
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.
9. NO THIRD PA RTY 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 INSP ECT 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 Design Professional Agreement with Bellecci & Associates, Inc. Page 5 Rev. 09-28-18
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 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.
Design Professional Agreement with Bellecci & Associates, Inc. Page 6 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
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Contractor addressed as follows:
Bellecci & Associates, Inc.
Attention: Daniel Leary
7077 Koll Center Parkway, Ste. 210
Pleasanton, CA 94566
and by e-mail 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 Design Professional Agreement with Bellecci & Associates, Inc. Page 7 Rev. 09-28-18
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.
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. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Design Professional Agreement with Bellecci & Associates, Inc. Page 8 Rev. 09-28-18
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 9
Design Professional Agreement with Bellecci & Associates, Inc. Page 9 Rev. 09-28-18
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
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
J ŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax:
(408) 241-6771
“CITY”
BELLECCI & ASSOCIATES, INC.
a California corporation
Dated:
By (Signature):
Name:
Title:
Principal Place of
Business Address:
Email Address:
Telephone: ( )
Fax: ( )
“CONTRACTOR”
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 1 Rev. 09-28-18
EXHIBIT A
SCOPE OF SERVICES
I. GENERAL
Description of Projects and Objective
CITY desires to engage CONSULTANT to provide engineering design services for developing bid documents (plans, specifications, and engineer’s estimate - PS&E) for public works bidding of Creek Trail Pavement Maintenance and Rehabilitation Projects.
This Agreement provides for services for three (3) creek trail pavement maintenance and rehabilitation projects as follows:
Phase 1: Guadalupe River Trail (Riv er Oaks Bridge to Thamien Park), and San Tomas Aquino Creek Trail (SR 237 to Tasman Dr)
Phase 2 (Optional): San Tomas Aqui no Creek Trail (Tasman Dr to Scott Blvd)
Phase 3 (Optional): San Tomas Aqui no Creek Trail (Scott Boulevard to Homestead Road)
The projects shall be prosecuted and administered in the following sequence:
Design delivery for the Phase 1 Project, then subsequently design delivery for the Phase 2 Project, then subsequently desig n delivery for the Phase 3 Project.
Certain services, as specifically descri bed in the Description of Services, will be completed upfront as part of the services provided for the Phase 1 project but will address the needs of the subsequent Phase 2 and Phase 3 projects.
The basic scope of services shall inclu de design services for Phase 1. Design services for Phase 2 and Phase 3 shall be optional. CONSULTANT shall not begin services for the Phase 2 or Phase 3 pr oject until CONSULTANT receives written confirmation from the City allowing CONSULTANT to proceed.
The above referenced three (3) construction projects may be referred to singularly or plurally as “Phase”, “Package”, or “Project” throughout this Agreement and shall be interpreted as having the same meaning and intent.
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 2 Rev. 09-28-18
Project Team
CONSULTANT shall provide the services described herein through a project team, comprised of CONSULTANT and subconsultants as identified as follows:
David J Powers & Associates: CEQA Services
H.T Harvey & Associates: Ecology & Resource Agency Permitting 360 Aerial Surveying: Aerial Topographic Survey Mapping
Any changes to the projec t team through the course of the services shall be approved in writing by CITY.
Baseline Solution
The following documents were prepared by CITY and attached to the Request for Proposals and are incorporated herein to this Agreement by reference:
Attachment H, Trail Segment Listing
Attachment I1, Trail Segment Package Map
Attachment I2, Trail Segment Section ID Map
The above documents provide for the presumed locations, construction costs, and pavement treatments for the projects and are based upon information derived from CITY’s pavement managem ent system, Streetsaver. These documents and information contained therein are considered preliminary and draft.
The Project segments and their respective treatments to be maintained under the project(s) will be further refined and determined through the course of Services dependent upon engineering and cost estimates provided by the Consultant to ensure the project(s) remain within desired budgets and schedules.
Throughout the course of Services, if th e estimated construction cost of the project(s) or package(s) appears to be above or below the available budgets, then the project(s) or package(s) may be modified as needed at the discretion of the City. The City reserves the right to add, del ete, or modify the trail segments to be designed throughout the course of Services based upon City’s needs.
The City’s anticipated budgets for the project(s) is as follows:
Phase 1: $575,000
Phase 2: $675,000
Phase 3: $485,000
The construction document packages and the list of segments with assumed pavement treatments listed above to be main tained and rehabilitated a baseline solution provided in this Scope of Services as a guideline to develop the Scope of Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 3 Rev. 09-28-18
Services and Schedule of Fees for the project.
Deviations from the baseline solution that results in the need to prepare other than the three (3) construction document phases, or segments other than listed in the draft list of segments, or pavement treatments significantly different than originally assumed, changes to the Scope of Serv ices and Schedule of Fees shall be addressed by CITY and CONSULTANT prior to commencing to the Construction Documents Task. Changes to the Scope of Services and Schedule of Fees will be permitted only in writing by an Amendment to the Agreement or an Additional Services Authorization, as determined by CITY.
City reserves the right to revise the limits of each phase and construction work contemplated in each phase from the Baseline Solution, including the Scope of Services and Schedule of Fees allocated to each phase. Such revisions shall be documented in writing between CITY and CONSULTANT as Ad ditional Service Authorization(s).
II. RESPONSIBILITIES OF CITY
CITY will provide the fo llowing 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 applicat ion fees, if required.
III. DESCRIPTION OF SERVICES
The Basic Scope of Services includes all professional services required to prepare construction bid documents (plans, specifications, and engineer’s estimate) for the Phase 1 project.
Optional Service (Phase 2): Based on the outcome of Phase 1, the City shall consider whether or not to move forwar d with Phase 2. Phase 2 shall include all professional services required to pr epare construction bid documents (plans, specifications, and engineer’s estimate) for the San Tomas Aquino Creek Trail (Tasman Dr to Scott Blvd) project.
Optional Service (Phase 3): Based on the outcome of Phase 1 and Phase 2, the City shall consider whether or not to move forward with Phase 3. Phase 3 shall include all professional services requi red to prepare constr uction bid documents Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 4 Rev. 09-28-18
(plans, specifications, and engineer’s estimate) for the San Tomas Aquino Creek Trail (Scott Boulevard to Homestead Road) project.
Hereinafter the term “project ” may refer to either t he Phase 1 project, Phase 2 project, or Phase 3 project, whichever project is underway and applicable at the time services are performed.
1. TASK 1: PROJECT MA NAGEMENT AND COORDINATION
CONSULTANT shall:
1.1 Manage its team and overall projec t activities consistent with the direction from CITY in order to meet the project schedule and budget.
1.2 Coordinate with CITY, design t eam members, cons ultants, utility companies, other government agencies, and other affected parties as required throughout the duration of t he project as well as the Quality Assurance/Quality Control (QA/QC) activities for project deliverables.
1.3 Prepare, monitor, and update progr ess schedule in MS Project format beginning at the kickoff meeting and ending at contract award for the last construction phase. Schedule shall show significant milestones for the project. CONSULTANT shall not ify CITY if there are delays or potential delays in phase of the project. In such cases, CONSULTANT shall make up the schedule in subs equent 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.
1.4 Meetings: Meetings shall be budgeted for and invoiced under each respective Task or activity requir ing 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 outstanding questions regarding the project moving forward raised by CITY or CONSULTANT.
1.5 Stakeholder Coordinati on: CONSULTANT shall coordinate with project stakeholders as needed to inform each stakeholder of the project work and incorporate necessary accommodations into the construction documents. Anticipated stakeholders include, but are not limited to:
Valley Water
Santa Clara Bicycle and Pedestrian Committee (BPAC)
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 5 Rev. 09-28-18
1.6 Provide monthly progress reports.
1.7 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 e nd of each Task. Time spent for QA- QC reviews for specific deliverables shall be budgeted and billed under each respective task requiring QA -QC review and not as Project Management.
1.8 Invoicing and Contract Administ ration: 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 in cluded in the overhead of the CONSULTANT’s basic hourly rates and shall not be billed.
1.9 Only the designated Project Manager or approved delegates performing project management duties shall c harge time to Task 1 Project Management. CONSULTANT’s technical staff working on other tasks for the project shall not charge to the project management task.
Additionally, if the Project Manager is performing technical work related to other tasks, time spent on those tasks shall be charged to the task and not to project management.
1.10 The Project Management task shall be considered active upon written Notice to Proceed and end upon comple tion of award of construction contract under Task 5 Bid Support A ssistance. Thereafter, services provided consistent with the above provisions shall be billed to subsequent tasks, e.g. Task 6 Construction Support or Task 7 Record Drawings and Project Close-Out, whichever may be applicable at the time services are provided.
Deliverables:
1. Progress schedule in MS Project fo rmat (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 material s, and meeting minutes for each project meeting (in pdf file), including kick-off meeting minutes.
4. Monthly progress reports and invoices (in pdf file).
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 6 Rev. 09-28-18
2. TASK 2: PRELIMINARY ENGINEERING AND EVALUATION (35% DESIGN)
2.1. Data Collecti on & Field Review
CONSULTANT shall collect as-built record drawing information for the trail segments as necessary for subsequent project design. CONSULTANT shall review the information provided by CITY to verify completeness and identify missing information that is necessary for design. For information that is required for non-CITY maintained facilit ies, CONSULTANT shall contact the appropriate owner to obtain information, as needed.
CONSULTANT shall perform a field revi ew of the trail s egments proposed for maintenance and rehabilitation to eval uate and document existing conditions and shall prepare field notes for pavement condition, existing obstructions, and visible utility conflicts that will be i dentified and incorpor ated. Item to be reviewed include pavement condition, visible surface utility information, conditions, physical obstructions, and constructability.
CONSULTANT shall review existing ADA survey reports for the trail and determine if elements identif ied for correction should be incorporated into the project based upon the pavement maintenanc e treatment involved. Detailed design of the ADA features identified in the report and within the footprint of the project will be prepared by CONSULTANT in a subsequent task.
2.2. Utility Information
CITY maintains a list of known utilit y 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 ut ility operators in order to gat her records for existing utilities for each segment. Location m ap exhibits will be required to be submitted as part of the N OI. CONSULTANT shall provide CITY a draft copy the NOI prior to sending it to the utility, maintain log of NOI sent and received, and provide CITY all information received from the NOI. The purpose of the collection of utility information is to ident ify 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.
2.3. Treatment Selection, Preliminar y Cost Estimating, Confirmation of Project Packaging
Based upon existing conditions, data collected, and field review, CONSULTANT shall propose recommended treatments for each trail segment identified for the project and prepare preliminary cost estimates. As part of this task, CONSULTANT shall also eval uate and recommend alternatives for treatment for CITY’s consideration, such as re commending treatments with a Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 7 Rev. 09-28-18
lower initial cost but shorter service life versus treatments at a higher initial cost but with a longer service life.
The preliminary estimate shall account for major work items that contribute to the cost. The purpose of the preliminary cost estimates is to ensure the project remains within budget and whether or not trail segments need to be added or removed from the project to remain wit hin the established project budget.
Based upon the cost estimates, the trail segments list shall be finalized at this stage.
The field assessment described in Task 2.1 above and this task herein shall be performed upfront for both the Phase 1 and Phase 2 project segments under the Initial Term.
CONSULTANT shall document the findings under this Task as a Preliminary plan with proposed pavement rehabilitati on sections and recommendation notes, along with a construction cost estimate, for CITY’s review and approval.
CONSULTANT shall meet with CITY to review the results of the memorandum and anticipate up to two (2) rounds of CITY comment s and revisions to the memorandum provided that the CONSUL TANT incorporat es the comments and revisions as appropriate for each round of revision.
The preliminary plan, recommendation notes, typical section and construction cost estimate is for documenting the final trail segment list, estimated costs, treatments, and construction document packaging for subsequent Tasks.
2.4. Base Mapping (35% Design)
Upon finalization of the trail segments list, CONSULTANT shall prepare base mapping for the project plans. Base maps shall only be prepared upon finalization of the trail segment treatment list to ensure maps are not prepared for segments that will not be included in the project.
CONSULTANT shall prepare base maps for use in exhibits and contract drawings. It is assumed that the tr ail limits (edge of pavement, shoulders, conform slopes and surface features ) will need to be delineated through topographic survey and that such features cannot be accurately or completely displayed for plans purposes based upon GIS information. The scope of work includes an aerial topography survey prepared by a photogrammetrist. The aerial topographic survey will be prepared at the beginning of the project, and will include the limit s of the three phases of t he work. Work related to topographic surveying is described under the Topographic Survey task.
CITY will provide geographic information system (GIS) data to CONSULTANT.
The GIS data is limited to street c enterlines, edge of pavement, land parcels, Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 8 Rev. 09-28-18
City storm drains, City water lines, City sanitary sewer lines, and aerial photographic tiles. It is noted that the GIS data is approximate.
Base maps shall be prepared in AutoCA D format and these drawings will be used for subsequent design and construction document preparation. CITY’s preferred base drawing format is 22” x 34” sized sheets at a legible scale.
Regardless of the number of sheets and sizes of sheets, all base maps required for the Project shall be considered as included in the Basic Scope of Services.
Requests for Additional Services related to the size and number of sheets required to bid the project will not be considered.
At a minimum, the 35% design plans shal l include, but not limited to, existing utilities, right-of-way lines, existing improvements such as sidewalk, curb, and gutter, roadway, curb ramps, exis ting traffic equipment/signals, including existing roadway delineation markings and striping.
2.5. Topographic Survey
CONSULTANT shall be fully responsible to coordinate, obtain, and pay fees for encroachment permit(s) needed from Valley Water to conduct topographic surveys.
CONSULTANT shall perform topographic survey to support the design of the pavement maintenance and r ehabilitation work. It is anticipated that the topographic survey will include, at minimum, the following features:
Edges and centerline of pavement, at intervals determined necessary by CONSULTANT
Edges of gravel shou lders, where applicable
Adequate slope points and ground features to determine adjacent surfaces, including creek & levee slopes
Major surface features (e.g. bollards, signs, utilities, etc.) Changes in pavement types (e.g . asphalt pavement to concrete pavement)
Pavement delineation
CONSULTANT shall set horizontal and vertical control based on City’s horizontal control survey. The elev ation will be based on City’s benchmarks.
Phase 1 and Phase 2 will include two days of supplemental field surveying, while Phase 3 will include one day of field surveying as an optional service. The timing of the field surveying will be determined by the engineer during design, and will occur after the completion of the aerial topographic survey.
Deliverables:
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 9 Rev. 09-28-18
1. Notice of Intent to Construct (N OI) forms, tracking log, and information received
2. Base Maps (PDF)
3. Field Survey Data
4. Preliminary Engineerin g Plan and Construction Cost Estimate for Phase 1 and Phase 2 (as a single complete PDF)
3. TASK 3: CEQA ANALYSIS & AGENCY PERMITTING
3.1. CEQA Analysis
It is anticipated that the project will be exempt from CEQA pursuant to Section 15301 of the State CEQA Guidelines. Section 15301, Existing Facilities, applies to the operation, repair, maintenance, permitting, leas ing, licensing, or minor alteration of existing public or privat e structures, facilities, mechanical equipment, or topographica l features, involving negligible or no expansion of existing or former use. Section 15301 prov ides several examples of projects that this exemption category is applicable, including existing streets, sidewalks, gutters, bicycle and pedestrian trails, and pedestrian crossings , street trees, and other similar alterations that do not create additional automobile lanes.
CONSULTANT shall evaluate the wo rk proposed under the project for conformance to CEQA guidelines and prepare a memorandum justifying and documenting the project’s qualificat ion as exempt. As shown on CONSULTANT’s Cost Proposal dated May 18, 2023 and incorporated herein by reference, the scope of work incl udes an environmental consultant with a budget allowance to prepare a Categorical Exemption for the three phases of the project as part of one document under the Phase 1 services.
If CONSULTANT’s evaluation does not support an exempt finding, preparation of additional environmental clearance work shall be considered by CITY under Additional Services.
3.2. Agency Permitting
CONSULTANT shall be responsible for obtaining required permits necessary to bid and construct the project. CITY will pay permit fees per Section II., Responsibilities of City, of this Scope of Services. CONSULTANT shall provide each permitting agency with a project de scription including the appropriate project plans along with the permitting applications and necessary supporting documentation. CONSULTANT shall s ubmit the permitting package to CITY for signature and CONSULTANT shall submit to the permitting agencies.
It is noted that both the Guadalupe River Trail and San Tomas Aquino Creek Trail are on Valley Water land and operated by CITY under Joint Use Agreements. Coordinating and gaining approval of the pavement maintenance Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 10 Rev. 09-28-18
and rehabilitation work by Valley Water is a key requirement for the project.
CONSULTANT shall be lead and ensure Valley Water’s approval for the work.
CONSULTANT will prepare a separate application for each Phase of the work.
The design of the pavement rehabilitation will be adjusted to minimize impacts to Valley Water jurisdiction which will cause additional permitting.
CONSULTANT shall respond in writing to questions and comments raised by the permitting agencies. Copies of comments and/or questions received and draft responses shall be submitted to CITY for approval prior to submittal to the agencies. Final permit requirements shall be incorporated into the project’s contract documents.
The following is a list of potential permits that may be required for the project.
If additional permits are required or if additional agencies are identified other than those on the list below, they shall be considered included as part of the Basic Scope of Services and not as Additional Services.
Santa Clara Valley Water District (SCVWD): Phases 1, 2, and 3 State of California Department of Transportation (Caltrans): Phase 1 San Francisco Public Utility Commission (Hetch-Hetchy): Phase 2 County of Santa Clara: Phase 3
The following permits are explicitly a ssumed as not being required for the project or included in the Basic Scope of Services. Should these permits become required, subsequent to the site reconnaissance survey described below, services related to securing these permits will be considered as an Optional Task, as described in Task 8 Optional Tasks:
State of California Department of Fish and Wildlife (CADFW) US Army Corps of Engineer (ACOE)
Regional Water Quality Control Board (RWQCB)
Permits shall be submitted at the appropriate time in accordance within the project schedule to ensure permits are issued and final to be incorporated into the construction documents prior to bid.
Site Reconnaissance Survey:
During the preliminary design of Phase 1, the biological consultant for the design team, HT Harvey, will review al l three phases of the project, in coordination with the c onsultant pavement engineers. The CONSULTANT team will recommend pavement rehabilitation options that will minimize permitting from CADFW and ACOE. Reconnaissance survey and mapping of top-of-bank along selected segments of San Tomas Aquino Creek Trail: this survey would focus on areas where the trail dips below top of bank, and where project activities would be performed. A wetlands ecologist would map the top Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 11 Rev. 09-28-18
of bank in those areas to determine w hether/where work would be performed below top of bank and prepare a map and brief memo (with photos) describing findings.
Deliverables:
1. CEQA Memorandum
2. Permit application packages with nec essary supporting documentation.
3. Final permits.
4. TASK 4: CONSTRUCTION DOCUMENTS (65%, 95%, 100%, and FINAL
BID SET SUBMITTALS)
Upon CITY’s approval of the Preliminary Engineering Plans and Construction Cost Estimate in Task 2 that defines the treatment approach and construction document packaging for the project, CONSULTANT shall prepare biddable and constructible construction contract doc uments. The subtasks outlined below shall be required for each construction package to be prepared as identified in the preliminary engineering memor andum. Phase 3 of the pavement rehabilitation will be approximately 50% mill and fill, and 50% slurry seal.
If changes in the Scope of Services or Schedule of Fees under this Task are required due to changes in the baselin e solution identified during Task 2, changes shall be proposed by CONSULTANT and approved in writing by CITY prior to commencement of this Task.
Under each submittal, Consultant shall evaluate the project for requirements under the State General Construction Permit, and the RWQCB Municipal Regional Permit (MRP) and provide necessary services to ensure the project is compliant and incorporate requirements into the project bid documents. This includes determination of project type and risk level if necessary, and analysis and requirements under provision C.3. The anticipated method of storm water treatment, if required, is to sheet fl ow the asphalt trail drainage onto the adjacent vegetated area per the MRP, to be considered a self-treating facility.
In areas which require stormwater treatment, the sheetflow will be achieved by regrading the trail, as part of the pavem ent rehabilitation, to drain onto the existing vegetated area..
The PROJECT does not contemplate, nor include, evaluation or replacement of trail amenities such as benches, trail heads, fencing, scenic overlooks, interpretive signs, or other similar architectural features. However, CONSULTANT shall evaluate the surfacing at trail heads (e.g. brick pavers) for condition and smooth surfacing and include replacement if warranted.
4.1. 65% Construction Documents Package
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 12 Rev. 09-28-18
CONSULTANT shall perform engineering and design activities to develop a 65% level of completion construction documents. The 65% submittal shall be considered as a complete package necessary to bid the PROJECT, and subsequent submittals shall provide opportunities to further refine the contract documents.
4.1.1. Construction Documents
The 65% construction documents submittal shall follow the guidelines of the most current City Design Cr iteria and Standard Details and shall include Plans, S pecifications, Engineer’s Cost Estimate, and Probable Project Construction Schedule, in accordance with the following:
4.1.1.1. The Plans shall be co mplete and show property lines, existing high-risk utilities, and major construction features.
4.1.1.2. CITY’s preferred plan format is 22” x 34” sized sheets at a legible scale.
4.1.1.3. Specifications shall in clude Technical Specifications or Special Provisions required to construct the project. CITY will prepare the “upfront” cont ract specifications, i.e.
Divisions 0 and 1 specifications of CITY’s boilerplate.
CONSULTANT shall provide information required for CITY
to complete the boilerplate. This information includes:
Description of work
Type of Contractor’s License required
Schedule of Bid Prices
Requirements for Contractor’s Statement of
Qualifications (e.g. experience requirements for
previous construction contracts and contract values).
Recommendations for appropriate Liquidated
Damages
Identification of changes to the CITY’s boilerplate that are required
4.1.1.4. CONSULTANT shall be familiar with CITY’s standard specifications and provide Te chnical Specifications or Special Provisions such that they supplement, and do not conflict with, and are not redundant with the standard
specifications. Consultant to provide support to the City for changes to the CITY’s boilerplate or deviations from the standard specifications shall be addressed by
incorporating appropriate info rmation into the project Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 13 Rev. 09-28-18
Technical Specifications or Special Provisions. Examples of design related items to be reviewed and edited by the Consultant include working days, traffic control, and
construction surveying.
4.1.1.5. CITY BPAC Review: Per the CITY’s complete streets policy, the project is required to undergo a review by the CITY’s Bicycle and Pedestrian Advisory Committee
(BPAC). CONSULTANT shall attend the BPAC meeting
in which the project is reviewed, and address
recommendations made by BPAC. It is assumed that this
BPAC review will be completed at the 65% level, and that the 65% plans will be of sufficient quality and
completeness to facilitate BPAC review.
4.1.1.6. The Engineer’s Cost Estimate shall be an itemized list of bid items and shall be accurate and prepared based upon current construction pricing and escalated to time of bid using engineering judgemen t. CONSULTANT shall
review recent bids, to develop an accurate cost estimate.
4.1.1.7. The probable construction schedule will be used to establish the construction contract duration (e.g. number of working days) in the project specifications. The
construction schedule does not need to be detailed, but it should contain enough information to accurately
determine the contract duration.
4.1.1.8. CONSULTANT shall conduct a quality control (QC) review of the submittal in acco rdance with CONSULTANT’s
Quality Assurance/Quality Control (QA/QC) program.
4.1.2. Response to Comments
4.1.2.1. CITY will circulate the submittal package of the documents in PDF format 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 receiv ed. Redlined drawings in PDF shall be returned with CONSULTANT’s response on
the redlined drawings.
4.1.2.2. CONSULTANT shall be responsible for resolving
comments from each commenter and shall identify to CITY Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 14 Rev. 09-28-18
comments that cannot be resolved. CONSULTANT shall
conduct a 65% comments review meeting with CITY to
discuss comments on the submittal package, to identify
significant design issues, and gain concurrence as to how the submittal shall be revised as appropriate to incorporate CITY’s comments. The review meeting will be held at
CITY or via MS Teams as determined by the City.
Deliverables:
1. 65% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and project construction schedule).
2. Written response to comments.
3. 65% review meeting agenda and meeting minutes.
4.2. 95% Construction Documents Package
CONSULTANT shall perform engineering and design activities to develop a 95% level of completion construc tion documents that include updated Plans, Specifications, Engineer’s Cost Estimate, Probable Project Construction Schedule, in accordance with the following:
4.2.1. Construction Documents:
4.2.1.1. The 95% submittal pa ckage shall incorporate comments received from CITY on the 65% submittal package. The
submittal shall include a written response to CITY
comments including a description of how the comments
were/were not incorporated into the submittal package.
Redlined drawings shall be returned with CONSULTANTS
response on the redlined drawings.
4.2.1.2. CONSULTANT shall conduct a quality control (QC) review of the submittal in acco rdance with CONSULTANT’s
Quality Assurance/Quality Control (QA/QC) program.
4.2.1.3. CONSULTANT shall subm it the 95% plans to affected utility owners for their use and information.
4.2.2. Response to Comments
4.2.2.1. CITY will circulate the submittal package to internal CITY departments for comments. CONSULTANT shall be
responsible for submitting the package to external
stakeholders if required. CONSULTANT shall prepare
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 15 Rev. 09-28-18
written responses to comments received. Redlined
drawings shall be returned with CONSULTANTS response
on the redlined drawings. CONSULTANT shall be
responsible for resolving comments from each commenter
and shall identify to CITY comments that cannot be
resolved. CONSULTANT shall conduct a 95% comments
review meeting with CITY to discuss comments on the
submittal package and gain concurrence as to how the
submittal shall be revised as appropriate to incorporate CITY’s comments. The review meeting will be held at
CITY.
Deliverables:
1. 95% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and project bid and construction schedule), submitted electronically as PDF.
2. Written response to CITY comments on the 95% design submittal.
3. 95% review meeting agenda and meeting minutes.
4.3. 100% Construction Documents Package
CONSULTANT shall finalize the Plans , Specifications, Engineer’s cost estimate, and construction schedule based on the 95% review comments from CITY. All outstanding comm ents and issues from previous submittals shall be incorporated in to the 100% construction document package. The 100% Construction documents shall be considered as complete.
The 100% construction package shall incl ude final Plans, Specifications, Engineer’s Cost Estimate, and Probable Project Construction Schedule, in accordance with the following:
4.3.1. The 100% construction packa ge shall incorporate comments received from CITY on the 95% submittal package. The submittal shall include a written response to CITY comments including a description of how the comments were/were not incorporated into the submittal package. Redlined drawings shall be returned with CONSULTANTS response on the redlined drawings.
4.3.2. CONSULTANT sha ll conduct a quality contro l (QC) review of the submittal in accordance wit h CONSULTANT’s Quality
Assurance/Quality Control (QA/QC) program.
4.3.3. PEER Review: Peer review shall have been accomplished by this Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 16 Rev. 09-28-18
stage, with the statement and sig nature on the cover sheet. The professional shall sign, date and s eal the following Certification of Peer Review on a letterhead document with the transmittal of the final plans and specifications:
“The undersigned hereby certifies that a professional peer review of these plans and the required de signs was conducted by me, a professional engineer with ex pertise and experience in the appropriate fields of engineerin g equal to or greater than the Engineer of Record, and that appr opriate corrections have been made.”
4.3.4. Based on previous projects of agencies near the CITY, prepare a list of potential bidders for the project.
4.3.5. Response to Comments
CITY will circulate the submittal package to internal CITY departments for comments. CONSUL TANT shall be responsible for submitting the package to exter nal stakeholders if required.
CONSULTANT shall pr epare written responses to all comments received. Redlined drawings shall be returned with
CONSULTANTS response on t he redlined drawings.
CONSULTANT shall be responsible for resolving comments from each commenter and shall identify to CITY comments that cannot be resolved. CONSULTANT shall conduct a 100% comments
review meeting with CITY to discuss comments on the submittal package and gain concurrence as to how the submittal shall be revised as appropriate to incor porate CITY’s comments. The review meeting will be held at CITY.
Deliverables:
1. 100% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and project bid and construction schedule).
2. Written response to CITY comments on the 100% design submittal.
3. 100% review meeting agenda and meeting minutes.
4. List of potential bidders in MS Excel format and shall include the company’s name, email address, contact number, and address of business.
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 17 Rev. 09-28-18
4.4. Final Bid Set Documents
The submittal shall be considered as a limited submittal to formalize and sign the Final Bid Set documents, an d resolution of minor issues remaining from the 100% Design Submittal package.
The final submittal shall consist of final Plans and Specifications, signed, stamped and dated by CONSULTANT in responsible charge for their preparation and be considered ready to bi d. The final submittal shall be ready for CITY staff approval signatures.
Deliverables:
1. Stamped, signed, and dat ed Final Plans for CITY signature (two original hard copies and elec tronic files in AutoCAD and PDF formats).
2. Stamped, signed, and dated Final Specifications and supporting documents meeting CITY’s requi rements for bidding purposes (two original hard copies and electronic files in MS Word and .PDF formats).
3. Final Engineer’s cost estimate (two hard copies and electronic files in MS Excel and .PDF formats).
4. Final construction schedule (two hard copies and electronic files in MS Project and .PDF formats).
5. TASK 5: BID SUPPORT ASSISTANCE
Upon written request by CITY, CONSUL TANT shall provide the following services up to the budget allowance for bid support:
5.1 Provide clarifications and assistance during the bidding phase to satisfactorily answer questions from prospective bidders, if requested by CITY. CITY to reproduce and distribut e Contract Documents, maintain a planholder’s list and log of bidder’s questions and responses.
5.2 Attend Pre-Bid Meeti ng, if required by Project. CONSULTANT shall coordinate with CITY to prepare agenda and meeting minutes.
5.3 Prepare Addenda to Construction Do cuments, if needed. CITY to reproduce and distribute all addenda.
5.4 Assist CITY in evaluating bids and preparation of recommendation letter to award the contract, if needed.
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 18 Rev. 09-28-18
5.5 If addenda are issued, prepare a c onformed set of documents that incorporated addenda into the documents.
Deliverables:
1. Written clarifications and res ponse to prospective bidders, if needed
2. Addenda to the Bid Documents, if needed.
3. Written recommendation for aw ard of contract, if needed.
4. Conformed construction documents, if needed.
6. TASK 6: CONSTRUCTION SUPPORT
THE CITY’s construction management team will have primary responsibility for construction management and inspection . Upon written request by CITY, CONSULTANT shall provide the following services up to the budget allowance for construction support:
6.1 Attend Pre-Construction Meeting upon request by CITY and respond to pre-construction meeting questions.
6.2 Review and approve shop drawings and submittals, including mix designs. Assuming four rounds of reviews and comments for each submittal.
6.3 Review Contractor’s request for information (RFI’s) and furnish additional drawings and/or specifications for supplementing, clarifying, and/or correcting purposes.
6.4 Attend meetings and site visits when necessary as determined and requested by CITY. Meetings and site visits shall be coordinated whenever possible.
6.5 Assist CITY with the review of construction, and other activities, as requested.
6.6 Prepare, review, and recommend approval of design related change orders, as requested.
Deliverables:
Listed below are services which will be performed within the construction support services budget allowance:
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 19 Rev. 09-28-18
1. Shop drawing and submittal comments.
2. RFI responses.
3. Site visit memoranda, as required. Limited to 4 visits plus punch-list walk-thru.
4. Drawings and specifications for supplementing, clarifying, and/or correcting the contract documents and for design related change orders.
5. Change orders, as required.
7. TASK 7: RECORD DRAWI NGS AND PROJECT CLOSE-OUT
CONSULTANT shall:
7.1 Upon request by CITY, in accordance with Bid Documents, CONSULTANT shall assist CITY in de termining if the Project is ready for the stage of completion requested by the Contractor (Substantial and Final Completion). As part of the allowance for construction support services, the City may request Consultant to attend the Final Walkthrough to provide input to final “punch list” and help determine if the work is ready for CITY accept ance. CONSULTANT shall provide CITY with a written recommendation.
7.2 At Final Completion of the Proj ect, provide CITY with one set of reproducible Record Drawing that re flects the changes to the work during construction based upon marked up prints, drawings, and other data furnished by the Contractor, CITY, and Consultants. If CONSULTANT adds additional sheet s to the plans, these shall be properly numbered, properly referenced on other affected drawings, and included in the drawing sheet index.
7.3 Provide a complete set of the Re cord Drawings and all X-ref files “bound,” including other associated fonts, plot style files on AutoCAD, including electronic copies in PDF format. CONSULTA NT may, at its own expense, prepare and retain a copy of each drawing for its permanent file.
7.4 CONSULTANT shall provide to the City of Santa Clara, relevant digital products and related information (e.g. notes, recommendations, photographs, etc.), incl uding land survey records and data (e.g. tridimensional geodetic and/or geographic coordinates).
Deliverables:
1. CD containing PDF copies of all s ubmittals received during construction phase.
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 20 Rev. 09-28-18
8. TASK 8: OPTIONAL TASKS
If deemed necessary during the course of services, this Task provides for CONSULTANT to perform Optional Tasks as part of the Basic Scope of Services.
Optional Tasks shall be authorized in writ ing prior to performing work, and shall only be invoiced if agreed by CITY
8.1. OPTIONAL TASK: ADDITION AL ENVIRONMENTAL ALLOWANCE (PHASE 1 PROJECT)
This tasks provides for additional envir onmental services, including resource agency permitting, if followin g the reconnaissance surveys it is determined that resource agency permits are required. The following is an example of the services covered by this Optional Task:
CONSULTANT shall prepare CDFW/RWQCB permit applications and associated materials. For efficiency and cost-effectiveness, CO NSULTANT would prepare a single CDFW application and a single RWQCB application for all areas where work would be performed below top of bank (rath er than applying for multiple permits from each agency). This task includes time to coordinate with each agency during permit processing. In anticipation of a requirement from Valley Water that verification from the U. S. Army Corps of Engineer s that no Clean Water Act Section 404 permit is needed, this task also includes USACE coordination.
Additionally, this task includes an allowance for environmental services related to obtaining approvals from Valley Water.
This task shall only be invoiced if agr eed by CITY and CONSULTANT in writing prior to performing work.
8.2. OPTIONAL TASK: ADDITIONAL TOPOGRAPHIC SURVEYS (PHASE 1 AND PHASE 2 PROJECTS).
This task provides for additional field surveys, to be performed consistent with the provisions described for field surveys in the Basic Services in this Scope of Services for field surveys. Additiona l field surveys may become necessary to identify additional details and constraints based upon the work involved beyond the assumptions for field surveys in the Basic Services. This is considered a budget allowance and prior to perform ing any work under this Task, CONSULTANT shall provide a written description and es timate of hours for the additional surveys.
The budget allowance assumes 3 additional days total for the Phase 1 and Phase 2 projects, and 1 additional day for the Phas e 3 project. This Optional Task is included in the Schedule of Fees under the Phase 1 project and Phase 3 project.
Design Professional Agreement with Bellecci & Associates, Inc. /Exhibit A-Scope of Services Page 21 Rev. 09-28-18
This task shall only be invoiced if agr eed by CITY and CONSULTANT in writing prior to performing work.
Design Professional Agreement with Bellecci & Associates, Inc./Exhibit B-Schedule of Fees Page 1 Rev. 09-28-18
EXHIBIT B
SCHEDULE OF FEES
I. GENERAL PAYMENT
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 hours 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. City will pay Consultant within thirty (30) days of City’s receipt of an approved invoice.
The Phase 1, Phase 2, and Phase 3 projects shall be administered as separate and distinct projects per the fees as described herein. City may reallocate fees between the projects as necessary in City’s sole discretion throughout the course of Services, which shall be in writing. Reallocation of fees between the projects will be administered as Additional Service Authorization(s) as needed and in CITY’s discretion.
Phase 1 Project
For the Phase 1 Project (“Phase 1 Project”), the total payment to the Consultant for Basic Services, as stated in Exhibit A, shall not exceed $227,123. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $22,712. In no event shall the amount bille d to City by Consultant for services under this Agreement exceed $249,835 for the Phase 1 Projec t, subject to budget appropriations.
Phase 2 Project (Optional Service)
For the Phase 2 Project (“Phase 2 Project”), the total payment to the Consultant for Basic Services, as stated in Exhibit A, shall not exceed $134,732. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $13,473. In no event shall the amount bille d to City by Consultant for services under this Agreement exceed $148,205 for the Phase 2 Projec t, subject to budget appropriations.
Phase 3 Project (Optional Service)
For the Phase 3 Project (“Phase 3 Project”), the total payment to the Consultant for Basic Services, as stated in Exhibit A, shall not exceed $87,335. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $8,735. In no event shall the amount billed to City by Consultant for services under this Agreement exceed $96,070 for the Phase 3 Project, subject to budget appropriations.
Design Professional Agreement with Bellecci & Associates, Inc./Exhibit B-Schedule of Fees Page 2 Rev. 09-28-18
The total combined amount for all projects (Phase 1, Phase 2, and Phase 3) billed to City by Consultant for Services under this Agreement shall not exceed $494,110 subject to budget appropriations.
II. SERVICES
The total payment to Consulta nt 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. In addition to the above, City may also reallocate budget from phase to phase. The Cons ultant 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.
The total amount of all the Tasks is a not-to-exceed amount. Figures in the following table include all subconsul tant costs, reimbursable expenses, and administrative markups. The following table is a summary of the Tasks based u pon the negotiated Cost Proposal, submitted by Bellecci & Associates, Inc. on May, 18, 2023 and agreed by CITY and CONSULTANT, attached to th is Exhibit B and incorporated herein by reference.
CONSULTANT shall invoice time and expenses according to the subtasks identified in the Proposal. The time and expenses billed for subtasks may vary above or below the fees identified on the Estimated Project Cost provided that the total billed for all subtasks billed under a Task remains wi thin the Fee established fo r the Task. Upon mutual agreement between CITY and CONSULTANT in writing, subtasks may be combined as needed to facilitate CONSULTANT’s invoicing.
Design Professional Agreement with Bellecci & Associates, Inc./Exhibit B-Schedule of Fees Page 3 Rev. 09-28-18
Phase 1 Project:
Description Amount
Task 1 Project Management and Coordination $ 10,880
Task 2 Preliminary Engineering and Evaluation
(35% Design)
$ 82,716
Task 3 CEQA Analysis & Agency Permitting $ 28,517
Task 4 Construction Documents (65%, 95%,
100%, and Final Bid Set Submittals)
$ 52,452
Task 5 Bid Support Assistance $ 1,800
Task 6 Construction Support $ 5,160
Task 7 Record Drawings and Project Close-Out
$ 1,160
Task 8 Optional Tasks
$ 44,438
Total $ 227,123
For the Phase 1 project, in no event shall the amount billed to City by Consultant for Basic Services under this Agreement exceed two hundred twenty seven thousand one hundred twenty three dollars ($227,123), subject to budget appropriations.
Phase 2 Project (Optional Service):
Description Amount
Task 1 Project Management and Coordination $ 13,352
Task 2 Preliminary Engineering and Evaluation
(35% Design)
$ 34,840
Task 3 Agency Permitting $ 8,122
Task 4 Construction Documents (65%, 95%,
100%, and Final Bid Set Submittals)
$ 68,252
Task 5 Bid Support Assistance $ 3,030
Task 6 Construction Support $ 5,672
Task 7 Record Drawings and Project Close-Out
$ 1,464
Task 8 Optional Tasks
$ 0
Total $ 134,732
Design Professional Agreement with Bellecci & Associates, Inc./Exhibit B-Schedule of Fees Page 4 Rev. 09-28-18
For the Phase 2 project, in no event shall the amount billed to City by Consultant for Basic Services under this Agreement exceed one hundred thirty four thousand seven hundred thirty two dollars ($134,732), subject to budget appropriations.
Phase 3 Project (Optional Service):
Description Amount
Task 1 Project Management and Coordination $ 5,620
Task 2 Preliminary Engineering and Evaluation
(35% Design)
$ 0
Task 3 Agency Permitting $ 7,544
Task 4 Construction Documents (65%, 95%,
100%, and Final Bid Set Submittals)
$ 58,835
Task 5 Bid Support Assistance $ 3,030
Task 6 Construction Support $ 1,956
Task 7 Record Drawings and Project Close-Out
$ 1,508
Task 8 Optional Tasks
$ 4,008
Total $ 87,335
For the Phase 3 project, in no event shall the amount billed to City by Consultant for Basic Services under this Agreement exceed eighty seven thousand three hundred thirty five dollars ($87,335), subject to budget appropriations.
III. REIMBURSA BLE EXPENSES
Reimbursable Expenses shall not be billed by the Consultant or subconsultant under this Agreement. Full compensation for all expenses shall be considered included in the hourly rates.
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 the following amounts:
Design Professional Agreement with Bellecci & Associates, Inc./Exhibit B-Schedule of Fees Page 5 Rev. 09-28-18
Phase 1 Project: $22,712
Phase 2 Project: $13,473
Phase 3 Project: $8,735
In no event shall the total combined amount for Additional Services for all projects (Phase 1, Phase 2, and Phase 3) billed to City by Consultant under this Agreement exceed forty four thousand nine hundred twenty dollars ($44,920), subject to budget appropriations. Additional Services that exceed the above amounts will require a written amendment to the Agreement.
City may reallocate fees between projects or between Basic Services and Additional Services, as necessary in City’s sole di scretion throughout the course of Services, which shall be in writing.
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 and shall be fixed through December 31, 2023. Any classifications added, or staff members changing classifications, shall be approved in writing by City.
After December 31, 2023 rates may be adjusted as described herein. CONSULTANT shall propose any adjusted rates in writing for CITY’s consideration and acceptance in writing. Adjusted rates shall be no more than the percentage of difference between the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward, CA, ar ea between the effective date of this Agreement and the CPI as ma y be available and nearest to and in advance of the month in which the adjustm ent is contemplated and shall be capped at a maximum of 3% for each adjustment. Rates changed by calculation shall be rounded to the nearest whole dollar. Only one adjustment is allowed per annum.
Consultant understands and agrees that adjus tments to rates does not cause an adjustment in the Fees established for tasks or adjustment to the maximum compensation under this agreement. Consultant shall be required to provide the full services as described in Attachment A in accordance with the Fees established in this Attachment B, regardless of adjustments to rates.
Design Professional Agreement with Bellecci & Associates, Inc./Exhibit B-Schedule of Fees Page 6 Rev. 09-28-18
Consultant Bellecci & Associates (2023 Rates):
Classification Hourl y Rate
Principal I/Project Manager $ 240
Principal II/Peer Reviewer $ 270
Prof. Engr I $ 204
Eng III $ 190
Eng II $ 174
Eng I $ 164
Asst. Engineer II $ 150
Asst. Engineer I $ 130
Senior PW Inspecto $ 174
Survey Tech III $ 174
Land Surveyor $ 220
Survey, Chief of Party $ 174
Survey Rodman $ 110
Survey, Appren II $ 84
Sub-consultant David J. Powers and Associates: See attached page.
Sub-consultant H.T. Harvey & Associates: See attached page.
Sub consultant 360 Aerial: the budgets set forth in this agreement are budget allowances. CONSULTANT shall submit to CITY the quotation from 360 Aerial to CONSULTANT prior to authorizing the work for CITY’s approval in writing. In no circumstance shall the quotation from 360 Aerial exceed t he budget allowance unless approved in writing by CITY.
Bellecci & Associates, Inc. will bill subconsultants at actual cost plus a maximum allowable markup of 10%.
Design Professional Agreement with Bellecci & Associates, Inc./Exhibit B-Schedule of Fees Page 7 Rev. 09-28-18
CHARGE RATE SCHEDULE
Title Hourly Rate
Senior Principal $ 330.00
Principal Project Manager $ 304.00
Senior Environmental Specialist $ 258.00
Senior Project Manager $ 237.00
Environmental Specialist $ 221.00
Project Manager $ 211.00
Associate Project Manager $ 185.00
Assistant Project Manager $ 155.00
Researcher $ 134.00
Graphic Artist $ 124.00
Materials, 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 January 1, 2024.
~t.10 DAVID J. POWERS 8~ ... B lli:iii l!I
El~~
& ASSOCIATES , INC.
Design Professional Agreement with Bellecci & Associates, Inc./Exhibit B-Schedule of Fees Page 8 Rev. 09-28-18
H. T. HARVEY & ASSOCIATES
Ecologica l Consultants
50 years of field notes, exploration, and excellence
Professional Fees
Fees Effective October 1, 2022
Personnel Classification
Principal
Senior Assoc iate Ecologist
Associa te Ecologis t
Senior Ecologist 2
Senior Ecologist 1
Ecologist 2
Eco logist 1
Field Biologist 2
Field Biologist 1
Senior G IS Ana lyst
GIS Analyst
Tec hnical Edito r
Tec hnical Suppo rt
Clerical Support
Depos ition and Testimony
Subcon tractual Cons ultants
Direct Expenses
Trans portation
Travel (Cost plus 10%)
Field Equipm ent Operatio n
Hour ly Billing Rate
$ 299-341
$ 268
$ 249
$ 226
$ 204
$ 177
$ 156
$ 136
$ 113
$ 167
$ 142
$ 136
$ 109
$ 90
Two times standard rate
Cos t plus 10%
Cost plus 10%
Current I RS Federal
Stand ard Mileage Rate
(62.5; / mile as of July 2022)
- $3 I 9 / day (ba,ed on
jedem! per diem rate)
Variable
Billing rntes are subj ect to annual increases and will be adju sted at the beginning o f each calendar year.
Design Professional Agreement with Bellecci & Associates/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 co verage 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 separatel y 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 Bellecci & Associates/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 Insuranc e 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 S anta 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. Ea ch 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 Bellecci & Associates/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 c ontain 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 c ontain 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 INSURA NCE 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 Bellecci & Associates/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 wit hhold 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 Emgineering 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.
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 ob ligated 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 remi nded 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 gener ally 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 pr ogress 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
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 certif ied 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 ma y 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 ma y 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/subcont ractors 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 comp liance 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 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 s ources, 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.
Design Professional Agreement with Bellecci & Associates, Inc./ Page 1 Exhibit E – Milestone Schedule
EXHIBIT E
MILESTONE SCHEDULE (SUMMARY OF KEY TASKS)
This Exhibit contains a summary the key tasks from CONSULTANT’s proposed project schedule for completing the Services as part of its proposal dated March 24, 2023 and subsequent discussions between CITY and CONSULTANT. The dates for key tasks as shown in this Exhibit shall not be exceeded without prior written approval by CITY.
DESCRIPTION COMPLETE NO LATER THAN
Phase 1 Project
Notice to Proceed (Assumed) 8/1/2023
Bid Set PS&E Submittal 1/22/2024
Field Construction Window (Assumed) 4/15/2024 to 10/15/2024
Phase 2 Project
Notice to Proceed (Assumed) 4/1/2024
Bid Set PS&E Submittal 12/1/2024
Field Construction Window (Assumed) 4/15/2025 to 10/15/2025
Phase 3 Project
Notice to Proceed (Assumed) 4/1/2025
Bid Set PS&E Submittal 12/1/2025
Field Construction Window (Assumed) 4/15/2026 to 10/15/2026