EBIX Insurance No. S200004741
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANT A CLARA, CALIFORNIA,
AND
DAVID L. GATES & ASSOCIATES, INC.
PREAMBLE
Th is Agreement is entered into as of the City's execution date (Effective Date) between the City of Santa Clara, California, a chartered California municipal corporation (City) and David L. Gates & Associates, Inc., a California corporation (Consultant). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to th is Agreement."
RECITALS
A. City desires to secure the design professional services more fully described in th is Agreement, at Exh ibitA, entitled "Scope of Services"; B. "Design professional" includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Consultant represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions underwhich 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 Consultantshall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exh ibitA- Scope of Services
Exhibit B - Schedule of Fees
ExhibitC - Insurance Requirements
Exhibit □- Labor Compliance Addendum
Design Professional Agreement with David L. Gates & Associates Rev. 09-28-18
Th is 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
Un less 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 Effective Date and terminate December 31, 2025.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant 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 Consultantshall 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, sh all bear the profession al seal, certificate number, registration classification, expiration date of certificate and signature of the design profession al responsible for their preparation.
4. WARRANTY
Consultant expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consu ltantfails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.
5. QUALIFICATIONS OF CONSULTANT-STANDARD OF CARE
Consultant represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Consultant's representations regarding its skills and knowledge. Consultant shall perform such Services and duties in conformance to and consistentwith the Design Professional Agreement with David L. Gates & Associates Rev. 09-28-18
professional standards of a specialist in the same discipline in the State of California.
6. CONFLICT OF INTEREST (FORM 700)
In accordance with the California Political Reform Act (Government Code section 81000 et seq.) and the City's Conflict of Interest Code, Consultant shall cause each person who will be principally responsible for providing the service and deliverables under this Agreement as having to file a Form 700 to do each of the following:
A. Complete and file the Form 700 no later than thirty (30) calendar days after the date the person begins performing services undertheAgreement and all subsequent Form 700s in conformance with the requirements specified in the California Political Reform Act; and
B. File the Form 700 with the City's Clerk Office.
7. COMPENSATION AND PAYMENT
In consideration for Consultant's complete performance of Services, City shall pay Consultantforall materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is set forth in Section 1 of Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant's expense. Consultantshall not be entitled to any payment above the maximum compensation under any circumstance.
8. TERMINATION
A. Termination for Convenience. City shall have the rightto terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Consultant.
B. Termination for Default. If Consu ltantfails to perform any of its material obligations underthisAgreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Con sultan t.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultantwill deliverto City all City information or material th at Consultant has in its possession.
Design Professional Agreement with David L. Gates & Associates Rev. 09-28-18
9. ASSIGNMENT AND SUBCONTRACTING
City and Consultant bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred withoutthe prior written approval of City. Consultant shall not hire subcontractors without express written permission from City.
Consultant 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 Consultant is for the acts and omissions of persons directly employed by it.
10. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under th is Agreement for any cause whatsoever.
11. INDEPENDENTCONSULTANT
Consultant and all person (s) employed by or contracted with Con sultan t to furnish labor and/or materials under th is Agreement are in de pen dent contractors and do not act as agent(s) or employee(s) of City. Consultant has fu II rights to manage its employees in their performance of Services underthis Agreement.
12. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all otherwritten information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, withoutthe 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 Consultantwhich is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
13. 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 underthisAgreementshall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in anyway or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
Design Professional Agreement with David L. Gates & Associates Rev. 09-28-18
14. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
City, through its authorized employees, representatives or agents shall have the right du ring the term of this Agreement and for four (4) years from the date of final payment for goods or services provided underthis Agreement, to auditthe books and records of Consultantforthe purpose of verifying any and all charges made by Consultant in connection with Consultantcompensation underthis Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded sh all be disallowed by City. Consultant sh all 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.
Consultantshall submitto City any and all reports concerning its performance underthisAgreementthat may be requested by City in writing. Consultant agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Consultant's Services hereunder.
15. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consu ltantagrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Consultant, its employees, subcontractors, or agents in the performance, or non-performance, of Services underthis Agreement.
16. INSURANCE REQUIREMENTS
Du ring the term of th is Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in ExhibitC.
17. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under th is 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 underthis Agreement shall be constructed to operate as a waiver of any rights u nderthis Agreement or of any cause of action arising out of the performance of this Agreement.
Design Professional Agreement with David L. Gates & Associates Rev. 09-28-18
18. NOTICES
All notices to the Parties shall , unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Parks & Recreation Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail atjteixeira@santaclaraca .gov
And to Consultant addressed as follows:
David L. Gates & Associates
Attention : Casey Case
1655 N. Main Street, Suite 365
Walnut Creek, CA 94569
and by e-mail at casey@dgates .com
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
19. COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws and regulations of the federal, state and local government , including but not limited to "The Code of the City of Santa Clara , California" ("SCCC "). In particular, Consultant's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter2.130), Lobbying (SCCC Chapter2 .155), Minimum Wage (SCCC Chapter3.20), Business Tax Certificate (SCCC section 3.40 .060), and Food and Beverage Service Worker Retention (SCCC Chapter9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Consultant has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299 ).
20. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer , employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultanthasanyinterest, director indirect , which cou Id conflict with the faithfu I performance of th is Agreement.Consultant is familiarw ith the provisions of California Government Code section 87100 and Design Professional Agreement with David L. Gates & Associates Rev. 09-28-18
following, and certifies that it does not know of any facts which would violate these code provisions. Consu ltantwill advise City if a conflict arises.
21. FAIR EMPLOYMENT
Consultant shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
22. NO USE OF CITY NAME OR EMBLEM
Consultantshall not use City's name, insignia, or emblem, or distribute any information related to services underthisAgreementin any magazine, trade paper, newspaperor other medium without express written consent of City.
23. 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.
24. 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.
25. CHANGE PROCEDURES AND AUTHORIZATION
A. Change Orders. Any changes to this Agreement that relate to (i) the deletion of Services, (ii) adding additional Services, or (iii) changing or modifying Services, not to exceed the maximum compensation of this Agreement, shall be made by a written change order authorized by the designated project managers.
B. Amendments. Any changes to this Agreement that relate to (i) an increase in the maximum compensation of this Agreement, or (ii) the term of this Agreement, or (iii) any other terms or conditions of the Agreement not covered by the Change Order provisions set forth above, may only be made by a written amendment duly authorized and executed by the Parties to this Agreement.
Design Professional Agreement with David L. Gates & Associates Rev. 09-28-18
26. 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.
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 ch a rte red California municipal corporation
Office of the City Attorney
City of Santa Clara
"CITY"
ice of the City
00 Warburton enu
Santa Clara, CA 95050
Telephone: (408)
615-2210 Fax: (408)
241-6771
DAVID L. GATES & ASSOCIATES, INC.
a California corporation
By (Signature): r _ Y!::!._
Dated: _Ja,.~_a __,___,1 "'--'Y,;i.,_2_0_23 _________ _ Name: =<&::a=e================================
Title: President
Principal Place of 1655 N. Main Street, Suite 365
Business Address: Walnut Creek, CA 94569
Email Address : [email protected]
Telephone: (925) 736-8176, ext 2000
Fax:
"CONSUL TANT'
Design Professional Agreement with David L. Gates & Associates Rev. 09-28-18
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Consultant under this Agreement are set forth below.
1. INTRODUCTION
1.1. Consu ltantshall perform or caused to be performed in accordance with th is Agreement all work and services required to develop a master plan for the Henry Schmidt Park Rehabilitation Project (the "Project").
1.2. To the extent not inconsistentwith this Agreement between the City and Consultant including this Scope of Services, the City's SOQ 22-23-17 (including subsequent updates), Consultant's proposal response dated September 12, 2022, and presentation materials dated October 12, 2022 are hereby incorporated by reference herein, and shall supplementthis Scope of Services and be subject to the terms and conditions of the Agreement.
2. DOCUMENTS
Th is Exhibit contains the following Appendices:
2.1. AppendixA1 - City's Project Management Software E-Builder
2.2. AppendixA2- Draft Project Schedule
3. GENERAL REQUIREMENTS
3.1. Consu ltantshall perform all design and engineering services in accordance with the Department of Transportation Standard and Details, City Standard Plans and Specifications, Parks and Recreation Standard Specifications and Details, Americans with Disabilities Act (ADA) Design Guidelines, latest building and fire codes, and other applicable codes and standards. The City shall have the right to review all drawings, specifications, and other documents and electronic records relating to such services.
3.2. For any field work that involves subsurface excavation and/or coring, Consultant shall submit a plan of work for the City's review and approval prior to proceeding.
3.3. Any changes to the project team through the course of the Services sh all be approved in writing by City.
4. RESPONSIBILITIES OF CITY
The City will provide to Consultantthe following information and support for the Project as available and as required for the Project:
4.1. Record drawings.
Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
4.2. City's Standard Details, Specifications, Benchmark, and Design Criteria.
4.3. Storm Drain (SD), Sanitary Sewer (SS), Electric, Fiber, Water and Recycled Water Block Book Maps.
4.4. Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, and aerial photographic tiles.
4.5. Payment of permit application fees with other internal departments.
4.6. Filing exemption under the California Environmental Quality Act.
4.7. Any other relevant data or records.
5. PROJECT MANAGEMENT
Generally, Consultantshall:
5.1. Utilize the City's Project Management Software E-Builderforgeneral project management. See AppendixA1.
5.2. Manage its team and overall project activities consistent with the requirements set forth in th is Agreement including but not limited to maintaining the Project with in schedule and budget.
5.3. Manage subconsultants, maintain schedule and budget, anticipate and mitigate potential design issues and delays, and coordinate and update the City on the overall progress of the Project.
5.4. Organize and attend project meetings with the City to discuss project progress, decisions and direction, and to coordinate activities. Meetings shall be held at key project milestones and shall include, but are not limited to:
5.4.1. Kick-off Meeting
5.4.2. Preliminary/Evaluation Meeting
5.4.3. Community Meeting
5.4.4. Parks and Recreation Commission Meeting(s)
5.4.5. City Council Meeting(s)
5.5. Coordinate with all affected parties, including the City, design team members, consultants, utility companies, and othergovernmental agencies as may be required for completion of project deliverables and coordination of Quality Assurance/Quality Control (QA/QC) activities.
5.6. Meetings shall be budgeted for and invoiced under each respective task or activity requiring a meeting and not as project management. Preparation for meetings shall be considered as included in the task or activity for which the meeting is involved. A kick-off meeting shall be conducted with designated City staff prior to beginning work to review anticipated tasks and schedule, review available information and needs, and address any outstanding questions regarding the project moving forward raised by City or Consultant.
Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
During the course of the agreement, while there is active work on the Project, Consu ltantshall schedule and attend brief bi-weekly (every other week) conference call with the City. The purpose of these bi-weekly conference calls will be to keep City apprised on the Project's progress and address any issues that may arise during the course of the Project.
5.7. Provide monthly progress reports.
5.8. Coordinate with project stakeholders as needed to inform each stakeholder of the project work and incorporate any necessary accommodations into the final submittal documents.
5.9. Provide Review/Plan Check Log (Response Matrix) summarizing comments received from various City Departments/Divisions and agencies. Response Matrix shall include, but not be limited to, commenting department/division or agency, comments, response to comments, action items, and person responsible for follow up. Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved to have final discussion and resolution. Submit Response Matrix in electronic format with each route of plan check submittal.
5.10. Conduct QC reviews in accordance with its QA Program guidelines.
Consultant shall provide a copy of its QA Program guidelines and shall provide a QC report at the end of each task. Time spent for QA-QC reviews for specific deliverables shall be budgeted and billed u ndereach respective task requiring QA-QC review and not as Project Management.
5.11. Consultant administrative staff time spent preparing invoices shall be considered as included in the overhead of the Consultant's basic hourly rates and shall not be billed. Additionally, addressing administrative issues, such as preparing additional services requests or budget modifications, shall also be considered as included in the overhead of the Consultant's basic hourly rates and shall not be billed to the City as additional cost.
5.12. Deliverables:
5.12.1. Progress schedules in Microsoft Project format (submitted electronically as an 11" x 17" PDF file and in native Microsoft Project format).
5.12.2. QA Program guidelines and QC reports for each task (in PDF file).
5.12.3. Meeting agendas, preparation materials, and meeting minutes for each project meeting (in PDF file).
5.12.3.1. Monthly progress reports and invoices (in PDF file).
5.12.3.2. Estimate -One (1) PDF and one (1) Microsoft Excel file.
5.12.3.3. Miscellaneous project information (as requested).
5.12.3.4. Meeting minutes-one (1) PDF and one (1) Microsoft Word file.
Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
6. PROJECT SCHEDULE
6.1. Attached as AppendixA2 is the Draft Project Schedule. The Parties shall agree on the Approved Project Schedule as set forth in Section 8.1.2.
6.2. Consultantshall monitorand update the Approved Project Schedule throughoutthe course of the Project. The Approved Project Schedule shall show significant milestones for the Project. Consu ltantshall notify City if there are delays or potential delays in any phase of the Project. In such event, Consultant shall make up the schedule in subsequent phases of the Project or provide information to City substantiating a request for time extension (which may not be approved by the City). The Approved Project Schedule shall be maintained at all times and shall be updated each time progress and milestones are achieved and/or changed.
6.3. Changes to the Approved Project Schedule shall be at no additional cost, unless there are changes or additions to this Scope of Services. Any changes to the Approved Project Schedule must be mutually agreed to and incorporated into a revised Approved Project Schedule.
7. KEY PERSONNEL
7.1. The following individuals are designated as Key Personnel as of the Effective Date of th is Agreement.
Name Title
Chu ck Gardella Principal-in-Charge
Kimmy Chen Project Manager
Casey Case Outreach Coordinator
Name of Subconsultants Role
Sandis Civil Enqineerinq
BS K Associates Geotechnical Eni:1ineers
Atium Enqineerini:1 Electrical Enqineers
Lionakis Structural Enqineers
Woodwreeve Arborist
Proactive Risk Solutions Plavi:1round Inspector
7.2. Any replacement of Key Personnel whether requested by the City or Consultant is subject to the City's final approval.
8. PHASE 1 - SITE SURVEY, COMMUNITY OUTREACH, AND SCHEMATIC DESIGN
8.1. Task 1: Project Research and Site Assessment
Consultant shall gather, review, and assess existing data, records, and reports relative to the Project and conduct necessary investigations and analyses required to identify issues that could impact or be impacted by the project. This task includes:
Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
8.1.1. Task1.1: City Kick-Off Meeting
Consultantshall meet with City to review and discuss options for park program, public outreach, City standards for materials, etc. for the park design.
8.1.2. Task 1.2: Project Schedule
Consultantshall update the Draft Project Schedule with the information received du ring the kick-off meeting. Upon the City's approval, the schedule shall be designated as the Approved Project Schedule.
8.1.3. Task 1.3: Arborist Tree Inventory Report
Consultant shall visit the site, tag trees, measure the diameter at breast height (DBH), and review the general health, structure, apparent disease or deformities, and provide a tree inventory report to the City. This report will be useful in determining the impact of any potential work with in the tree protection zone of each tree.
8.1.4. Task 1.4 Electrical Infrastructure Investigation Consultant shall explore the existing infrastructure and assess potential for service upgrades and/or new infrastructure and support for buildings and park amenities. The electrical engineering, fiber requirements, and site lighting approach would be predicated on an initial review of existing equipment, power and lighting to identify opportunities for improvements along pathways, parking lots, and play areas. Further, it will explore and assess the existing infrastructure to determine capabilities as well as the requirements for "smart park" features (WIFI, irrigation, automated doors and gates).
8.1.5. Task1.5: Topographic Survey and Mapping
Consu ltantshall perform a topographic survey including all hardscape and softscape, and locate surface-visible utility features and improvements. At manholes and accessible structures, measure invert elevations will be noted of all gravity storm drains and sewer pipes.
8.1.6. Task 1.6: Geotechnical Investigation
Consultant sh all perform subsurface exploration in eluding two to three borings, with laboratory soils testing, including infiltration rate testing. Consultantshall prepare a geotechnical report summarizing the results and providing recommendations. The report will provide valuable information for use in engineering of the buildings, structure footings, pavement, and potential retaining walls.
8.1.7. Task1.7: Site Analysis & Data Review
Consultant shall gather, review, and assess existing data, records, and reports relative to the Project and conduct necessary investigations and analyses required to identify issues that could Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
impact or be impacted by the Project, including bu tare not limited evaluating ADA pedestrian pathway and completing site survey and base setup.
8.2. Task 2: Schematic Design/Public Outreach
8.2.1. Task 2.1 Public Outreach Preparation
Consultantshall prepare public outreach materials such as image boards with the preliminary schematic park plan, options for park elements, playground imagery, site furniture, and an existing condition exhibit.
8.2.2. Task 2.2: Survey Preparation
Consultantshall work with the City to develop an on line survey with questions and images focusing on Primary Design Elements and options, and meet with the City to review prior to presenting at the public meetings.
8.2.3. Task2.3: Public Outreach Meeting
8.2.3.1. Consu ltantshall prepare all presentation materials, including graphic boards, reports, etc., and present
amenity options to the public in a two-hour meeting. Public, user groups, potential donors, and staff may attend. This may be an on line meeting oran in-person meeting, as
determined by the City.
8.2.3.2. Consultant shall also gatherinputfrom the community via on line polling and surveys.
8.2.3.3. Consultantshall documentthe feedback and consensus achieved.
8.2.4. Task 2.4: Preliminary Schematic Designs
Consultant shall develop two to three preliminary schematic designs which incorporate in put from the public, user groups, potential donors, and City staff.
8.2.5. Task 2.5: Preliminary Cost Estimate
Consultant shall prepare a Rough Order of Magnitude (ROM) style of cost estimate for the preliminary schematic designs to aid the City in its decision-making.
8.2.6. Task 2.6: Parks and Recreation Commission Review Meeting #1
8.2.6.1. Consultantshall meetwith the PRC to initiate public outreach for the Project.
8.2.6.2. Consultant shall present to the PRC the public input received and two to three preliminary schematic park
plans.
Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
8.2.6.3. Consultantshall gather in put and feedback from the PRC.
8.2.7. Task 2.7: Final Schematic Design
8.2.7.1. Based on the input gathered from the community, the PRC, and the City, Consultant shall develop an accurate and
scaled Site Plan and Draft Schematic Design (SD) for
written approval by the City that will include:
8.2. 7 .1 .1 . overall location and site plan;
8.2.7 .1.2. existing conditions;
8.2.7 .1.3. schematic design options, including building as necessary
8.2.7 .1.4. playground use matrix with elements of play;
8.2.7 .1.5. elevations/grading/drainage;
8.2.7 .1.6. irrigation & planting plan;
8.2.7.1.7. lightingplan;
8.2.7 .1.8. American with Disabilities Act (ADA)
compliant accessible routes;
8.2.7 .1.9. other tables; and
8.2.7 .1.10. materials/equipment specifications.
8.2.7.2. The City shall notify Consultant as to whether it approves or disapproves the Draft Schematic Design documents.
The City will review the Draft Schematic Design documents and will mark them to indicate whether changes and/or
corrections are required. Consultant shall address all
material comments and questions appropriately including, when appropriate, incorporating the comments, corrections and/or changes on the original documents and
resubmitting the documents.
8.2.8. Task 2.8: Final Schematic Design Cost Estimate
Consu ltantshall update the cost estimates to reflect any changes or refinements depicted in the Final Schematic Design.
8.3. Final Draft Schematic Designs
8.3.1. Task 2.9: Parks and Recreation Commission Review Meeting #2 Consultant shall presentto the PRC a Final Schematic Design for recommendation to the City Council for approval.
8.3.2. Task 2.10: City Council Review Meeting
8.3.2.1. Consultant shall presentto the City Council the recommended Schematic Design.
Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
8.3.2.2. Consu ltantshall gather in put and feedback from the City Council and make revisions to the Final Schematic Design if necessary.
8.3.2.3. Consultantshall provide unlimited revisions to the Final Draft Schematic Designs, at no additional cost, to ensure the City's satisfaction with the document.
8.4. Phase 1 Deliverables:
8.4.1. Site Topographic Survey
8.4.2. Geotech n ical report(s)
8.4.3. Arborist Tree Inventory Report
8.4.4. Two to Three Preliminary Schematic Designs and Preliminary Cost Estimates
8.4.5. One Final Scaled Schematic Design and Final Schematic Design Cost Estimates
8.4.6. PowerPoint Presentations
8.4.7. Meeting Attendance
Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
APPENDIXA1 TO EXHIBIT A
CITY'S PROJECT MANAGEMENT SOFTWARE E-BUILDER
General Requirements:
a. Consultant and Subcontractors shall provide at a minimum, the following to its staff:
i. Computer: Minimum Intel Pentium® 4 Processor 2.4 GHz or equivalent processor with 512MB of RAM; recommended Centrino Duo® Processors 1.6 GHz or equivalent with 2GB of RAM, or higher.
ii. Computer Operation System: Windows XP, Windows Vista, or Windows 7 iii. Web Browser: Microsoft Internet Explorer 9
iv. Work and Spreadsheet Processors: Microsoft Office Word, Excel and Outlook v. Scheduling Software: Microsoft Project or Primavera
vi. Internet Service Provider: A reliable ISP in the area of the Project vii. Connection Speed/Minimum Bandwidth: DSL, ADSL or T1 Line for transferring a minimum of 3 Mbps Downstream and 512 Kbps Upstream b. Consultant and Subcontractors shall provide its management personnel assigned to this Project with access to personal computers and the Internet on a daily basis.
Project Web Requirements:
a. This project will utilize a web-based project management tool called e-Builder Enterprise™. This web-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. b. Consultant and Subcontractors shall conduct Project controls, outlined by the Owner, Development Manager, and Construction Manager, utilizing e-Builder Enterprise™.
This designated web-based application will be provided by the Consultant to the Subcontractors. No additional software will be required. Furthermore, the Development Manager will assist Consultant in providing training of Subcontractor's personnel.
c. Consultant and Subcontractors shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non-Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Construction Variation Directives, Potential Variation Orders, Variation Order Requests, Variation Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e-Builder Enterprise™.
Electronic File Requirements:
In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Consultant and Subcontractors shall also submit all closeout documents including all "As-Built Drawings", catalog cuts and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings) shall be converted or scanned into the Adobe Acrobat (.PDF) file format and uploaded to e-Builder Enterprise™.
Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
Builder Implementation Requirements
e-Builder Enterprise™ is a comprehensive Project and Program Management system that will be implementing for managing documents, communications and costs between the Consultant, Subcontractors, Design Consultants and Owner . e-Builder Enterprise TM includes extensive reporting capabilities to facilitate detailed project reporting in a web-based environment that is accessible to all parties and easy to use.
Central Document Vault: e-Builder Enterprise™ system includes a central database that maintains all project information and manages project communications amongst team members.
Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members.
Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder Enterprise TM
~eal tim·e, upcla~ed
:s_d1ed.ule lnf<>rmatlon'
Automated communications
( e.g,, e:'mail notifications of changes
In schedule, documents, workflow)
Program Mahag11ment
Schedul.es
Cost
Workf!ow (transmlttals;submlttals,
RFls,change otders)
Real time, updated
cost/bud,get !~formation
Automated notlficarions
of project changes
0 (scheduie, .
workflow, cosr, ml/est ones, other) .
Executives
Coiuulta'nts, Architects,
Eriglneer$;Contril(tOI'$ Facilitle~ Management
Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility.
E-Builder Licensing Requirements
Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
E-Builder Enterprise™ User Licenses: Each user license is for access to the site consisting of unlimited data storage. Users can be direct employees of the Consultant as well as its Subcontractors and/or Suppliers.
Each user license includes full access to e-Builder Enterprise™ including all of the documents and reports mentioned above. Furthermore, each user license provides the e-Builder software as a service (SaS) including:
• All hosting, operation, maintenance, and data backup of thee-Builder Enterprise™ software and documents which are maintained in state-of-the-art data centers located throughout the United States.
• Quarterly e-Builder Enterprise™ software enhancements • Unlimited phone, email, and web-based support 24-hours:
e-Builder Enterprise™ user licenses shall be obtained by the Owner, Development Manager, Construction Manager, Design Consultants, QA/QC Agencies, and Project Management staff in which the Consultant is not responsible.
Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
APPENDIX A2 TO EXHIBIT A- DRAFT PROJECT SCHEDULE
PROJE,CT SCHEDULE: Henry Sd:tmidt Park - PHASE 1
12/20/2022
Subtask 1.2
Subtask 1.3
Subtask 1.4
Subtaskl.5
Subtask 1.6
Subtask 2.2
Subtask 2.3
Subtask2.4
Subtask 2.5
Subtask 2.6
Subtask 2.7
Subtask 3.2
Proejct Sc-.hed ule
Arbori:st Tree Invento ry Report
Eletrical Infrastructure lnvetigation
Topographic Survey-and Mapping
Geotechn ical Investigation
Survey Preparation
Public Outreach Meeting (03/18/23 }
Preliminary Schematic Designs
Preliminary Cost Estimate
PRC #1 - Draft /Fina l Slide Deck Deliverab le Date (5/16/23) Parks and Recreation Commission Review Meeting #1
Final Schematic Design
Parks and Recreation Commission Review Meeting #2
City Councit Review Meeting (8/8/23)
• City Meeting/Check in call
♦ Public Outreach Meeting
■ Public Meeting (Park+ Rec Commission, Council)
- Work in p rogress
Design Professional Agreement with David L. Gates/Exhibit A-Scope of Services Rev. 09-28-18
2023
• •
•i
•
■
EXHIBIT B
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
The total maximum compensation the City will pay the ConsultantunderthisAgreement shall not exceed One Hundred Nine Thousand Five Hundred Sixty-Six Dollars ($109,566) during the term of the Agreement. Any additional fees, costs and expenses requested by the City that would exceed the preceding maximum amount will be addressed in an Amendmentto the Agreement.
2. FEE SCHEDULE
Consultant's compensation is set forth below. The fees include all labor, materials, equipment, overhead, general administrative costs, and profit.
Table 81: Fixed Fee Schedule
Basis of
Description Compensation
TASK 1 - PROJECT RESEARCH AND SITE ASSESSMENT
Task 1.1 Kick off meetinq Fixed fee
Task 1.2 Project Schedule Fixed fee
Task 1.3 Arborist Tree Inventory Fixed fee
Task 1 .4 Electrical Fixed fee
Task 1.5 Topographic Survey and Mapping Fixed fee
Task 1.6 Geotech Fixed fee
Task 1.7 Site Analysis Fixed fee
Subconsultants Fixed fee
Subtotal (Task 1)
TASK 2 - SCHEMATIC DESIGN AND PUBLIC OUTREACH
Task 2.1 Public Outreach Prep Fixed fee
Task 2.2 Survey Preparation Fixed fee
Task 2.3 Public Outreach Meeting Fixed fee
Task 2.4 Preliminary Desians Fixed fee
Task 2.5 Preliminary Cost Estimates Fixed fee
Task 2.6 PRC Meetinq #1 Fixed fee
Task 2.7 Final Deskin Fixed fee
Task 2.8 Final Cost Estimate Fixed fee
Task 2.9 PRC Review Meeting #2 Fixed fee
Task 2.10 Citv council presentation Fixed fee
Subtotal (Task 2)
10% Contingency See Section 3
MAXIMUM COMPENSATION
Design Professional Agreement with David L. Gates/Exhibit B-Schedule of Fees Rev. 09-28-18
Total
$1,350
$600
$4,750
$540
$29,980
$11,090
$6,085
$54,395
$720
$3,120
$5,400
$11,460
$2,440
$3,500
$9,130
$2,040
$3,500
$3,900
$45,210
$9,961
$109,566
3. ADDITIONAL SERVICES
3.1. In the event additional services are required that are outside the scope, Consultant shall provide a quote to the City in writing. The quote may be on time and materials based on Consultant's rates listed in Table 82 or a lump sum amount. Cost of services and expenses charged to Consultant by outside consultants and professional or technical firms shall be at actual cost plus 10%. Reimbursable expenses will be billed at actual cost plus 10%.
Table 82: Consultant's Hourly Rates
Classification Regular Hourly Rate
Partner $240
Principal $220
Associate Principal $200
Senior Associate $175
Job Captain $155
Sr. lrriqation Desiqner $175
CommunitvOutreach Facilitator $160
Marketinq Coordinator $150
Administrative/Drafter $135
3.2. Consultant shall not perform additional services until receipt of City's written authorization.
4. PAYMENT SCHEDULE
4.1. Consultantshall base its invoice on the percentage of services for each task completed during the previous month.
4.2. City will pay Consu ltantwith in thirty (30) days of City's receipt of an approved invoice.
Design Professional Agreement with David L. Gates/Exhibit B-Schedule of Fees Rev. 09-28-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Consultant's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultantshall provide and maintain in full force and effect during the period of performance of the Agreement and fortwenty-four(24) months following acceptance bythe 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 Consultant's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and sh all otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Consultant 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 againstanother; and
c. Coverage shall apply separately to each insured againstwhom 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 th an one million dollars ($1,000,000) each accident using, or providing coverage at Design Professional Agreement with David L. Gates/Exhibit C-lnsurance 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.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Consultant and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily lnju ry and one million dollars ($1,000,000) each employee Bodily lnju ry by disease.
2. The indemnification and hold harmless obligations of Consultant included in this Agreement shall not be limited in anyway by any limitation on the amount or type of damage, compensation or benefit payable by or for Consultant or any su bean tractor under any Workers' Campen sation Act(s), Disability BenefitsAct(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 lnsu ranee as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. Covered services as designated in the policy mu st specifically in elude work performed under th is 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/orendorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
Design Professional Agreement with David L. Gates/Exhibit C-lnsurance Rev. 09-28-18
1. 2.
Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Consultant's work for City, using lnsu ranee 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.
Primary and non-contributing. Each insurance policy provided by Consultant shall contain language orbe endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Consultant's insurance.
3. Cancellation.
a. Each insurance policy shall contain language orbe endorsed to reflect th at 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 insu ranee policy shall contain language or be endorsed to reflect th at 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 th an the commercial gen era I liability policy if specified in the description of required insu ranee set forth in Sections A th rough E of th is ExhibitC, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
1. Consultant 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 Consultant, provide the same minimum Design Professional Agreement with David L. Gates/Exhibit C-lnsurance Rev. 09-28-18
insurance coverage required of Consultant, except as with respect to limits. Consultant agrees to monitor and review all such coverage and assumes all responsibility forensu ring that such coverage is provided in conformity with the requirements of this Agreement. Consultant 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. Consu ltantagrees to be responsible for ensuring that no contract used by any party involved in anyway with the project reserves the right to charge City or Consultantforthe cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Consultant in the event of material non compliance with the in su ranee requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Priorto commencement of any Services underthisAgreement, Consultant, 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 u nderforms of policies, satisfactory to City and as described in th is Agreement.Consultant 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
Consultant or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or theirequivalentand 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 th is Agreement.
Upon City's request, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of th is Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuantto this Agreement shall be e-mailed to [email protected]:
Or by mail to:
EBIX Inc.
City of Santa Clara - Parks & Recreation Department
Design Professional Agreement with David L. Gates/Exhibit C-lnsurance Rev. 09-28-18
P .0. Box 100085 - S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insu ranee company of equal financial stability that is approved by the City or its insurance compliance representatives.
Design Professional Agreement with David L. Gates/Exhibit C-lnsurance Rev. 09-28-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
Th is 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 require men ts.
A. Prevailing Wage Requirements
1. Consultantshall be obligated to pay not less than the General Prevailing Wage Rate, which can be found atwww.dir.ca.gov and are on file with the City Clerk's office, which shall be available to any interested party upon request. Consultant is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shiftwork. 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, shiftwork and travel and subsistence requirements can be found atwww.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 sh all be paid the fu II journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Consultant agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Design Professional Agreement with David L. Gates/Exhibit D-Labor Compliance Rev. 09-28-18
payroll, fringe benefit statements and backup documentation such as monthlybenefitstatements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Consultant and all 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 man dated by the project parameters sh all also resu It in the with h aiding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pu rsuantto Labor Code section 1725.5 [with limited exceptions from th is requirement for bid purposes only under Labor Code section 1771.1 (a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pu rsuantto 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 con tractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor''. Those you fail to register and maintain theirstatus 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, Consultant agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations againstthe City for such violation, including all staff costs and attorney's fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
8. 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 anytime during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Design Professional Agreement with David L. Gates/Exhibit D-Labor Compliance Rev. 09-28-18
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant's address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State fun ding sources, th is project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Consultant until Consultant has performed all of its obligations underthese provisions.
This provision means that City can withhold all or part of a payment to Consultant until all required documentation is submitted. Any payment by the City despite Consultant's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the rightto 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 pen al ties 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 with in a 10-day window; and $25 per day per worker for any overtime violation.
Design Professional Agreement with David L. Gates/Exhibit D-Labor Compliance Rev. 09-28-18