EBIX Insurance No. S200005063
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
O'DELL ENGINEERING, INC.
PREAMBLE
This 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 O'Dell Engineering, Inc., a California corporation (Consultant). City and Consultan may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties
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; 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 under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum
Design Professional Agreement with O'Dell Engineering Page 1 of 32 Rev. 09-28-18
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.
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 Effective Date and terminate December 31, 2025.
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.
All reports, costs estimates, plans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.
B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
WARRANTY
Consultant expressly represents that all services covered by this Agreement shall be performed consistent with the professional skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar circumstances. Consultant agrees to promptly correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Consultant represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Consultant's representations regarding its skills and knowledge. Consultant shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
Design Professional Agreement with O'Dell Engineering Page 2 of 32 Rev. 09-28-18
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 under the Agreement 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 Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is 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. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
8. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Consultant.
B. Termination for Default. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Consultant.
Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.
Design Professional Agreement with O'Dell Engineering Page 3 of 32 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 without the 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 this Agreement for any cause whatsoever.
11. INDEPENDENT CONTRACTOR
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent contractors and do not act as agents) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this 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 other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential. The foregoing obligations shall not prevent Consultant from disclosing only those portions of Confidential Information that are required to be disclosed by law, government regulation, rule, ethical obligation, subpoena or court order, provided that Consultant provides reasonable prior notice to City of such required disclosure and takes reasonable lawful measures to avoid or minimize such disclosure, including providing reasonable assistance to City with respect to any appropriate action that City may decide to take. All obligations and restrictions on the use of Confidential Information under this Agreement shall remain in effect for a period of three (3) years from the Effective Date of this Agreement.
Design Professional Agreement with O'Dell Engineering Page 4 of 32 Rev. 09-28-18
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 under this Agreement shall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
14. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Consultant's Services hereunder.
15. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Consultant, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement.
16. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
Design Professional Agreement with O'Dell Engineering Page 5 of 32 Rev. 09-28-18
17. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waivers) 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.
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 at [email protected]
And to Consultant addressed as follows:
O'Dell Engineering, Inc.
6200 Stoneridge Mall Road, Suite 330
Pleasanton, CA 94588
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.
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 Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Consultant has read and agrees to comply with City's Ethical Standards http://santaclaraca.gov/home/showdocument?id=58299).
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 Design Professional Agreement with O'Dell Engineering Page 6 of 32 Rev. 09-28-18
and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.
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
Consultant shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
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, (i) 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 Director of Parks & Recreation.
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 Design Professional Agreement with O'Dell Engineering Page 7 of 32 Rev. 09-28-18
made by a written amendment duly authorized and executed by the Parties to this Agreement.
26. COUNTERPARTS
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 chartered California municipal corporation
pproved as to Forn Dated: 21136023
Here
Office of the City Attorney Office of the City Manager
City of Santa Clara City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY"
O'DELL ENGINEERING, INC.
a California corporation
Dated: 01/31/23
By (Signature):
Name: Chad Kennedy
Principal Landscape Architect
Principal Place of 6200 Stoneridge Mall Road, Suite 330 Business Address: Pleasanton, CA 94588
Email Address:[email protected]
Telephone: (925) 223-8340
Fax: ( )
"CONTRACTOR"
Design Professional Agreement with O'Dell Engineering Page 8 of 32 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. Consultant shall perform or caused to be performed in accordance with this Agreement all work and services required to develop a master plan for the Warburton Park & Pool Rehabilitation Project (the "Project").
1.2. The Warburton Park & Pool will include a site plan to address the aged playground infrastructure, playground and limited adjacent park spaces including planting, irrigations, picnic area, pathways, possible add/alternate pool heat pump, and common shade structure. The new play space will be appropriate for ages 2-5 and 6-12 incorporating research based seven elements of play for beginner, intermediate and advanced levels of play and as selected by the community, and have increased capacity to serve new residents within funding.
1.3. To the extent not inconsistent with 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 19, 2022, and presentation materials dated October 12, 2022 are hereby incorporated by reference herein, and shall supplement this Scope of Services and be subject to the terms and conditions of the Agreement.
2. DOCUMENTS
This Exhibit contains the following Appendices:
2.1. Appendix A1 - City's Project Management Software E-Builder
2.2. Appendix A2 - Draft Project Schedule
3. GENERAL REQUIREMENTS
3.1. Consultant shall 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, American Disability 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.
Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 9 of 32 Rev. 09-28-18
3.3. Any changes to the project team through the course of the Services shall be approved in writing by City.
4. RESPONSIBILITIES OF CITY
The City will provide to Consultant the following information and support for the Project as available and as required for the Project:
4.1. Record drawings.
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, Consultant shall:
5.1. Utilize the City's Project Management Software E-Builder for general project management. See Appendix A1.
5.2. Manage its team and overall project activities consistent with the requirements set forth in this Agreement including but not limited to maintaining the Project within 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 other governmental agencies as may be Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 10 of 32 Rev. 09-28-18
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.
During the course of the agreement, while there is active work on the Project, Consultant shall 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 under each 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" × 17" PDF file and in native Microsoft Project format).
5.12.2. QA Program guidelines and QC reports for each task (in PDF file).
Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 11 of 32 Rev. 09-28-18
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.
6. PROJECT SCHEDULE
6.1. Attached as Appendix A2 is the Draft Project Schedule. The Parties shall agree on the Approved Project Schedule as set forth in Section 8.1.2.
6.2. Consultant shall monitor and update the Approved Project Schedule throughout the course of the Project. The Approved Project Schedule shall show significant milestones for the Project. Consultant shall notify City if there are delays or potential delays in any phase of the Project. In such 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 this Agreement.
Name Title
Chad Kennedy Principal-in-Charge
Karen Folsom Project Manager
Samir Khanna QA/QC
Ting Li Public Outreach Co-Lead
Beverly Yee Public Outreach Co-Lead
Name of Subconsultants Role
Engeo Geotechnical
ADG Aquatics
Caliburton Utility Locating
7.2. Any replacement of Key Personnel whether requested by the City or Consultant is subject to the City's final approval.
Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 12 of 32 Rev. 09-28-18
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:
8.1.1. Task 1.1: City Kick-Off Meeting
Consultant shall meet with City to review and discuss to options for park program, public outreach, City standards for materials, etc. for the park design.
8.1.2. Task 1.2: Project Schedule
Consultant shall update the Draft Project Schedule with the information received during 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 within the tree protection zone of each tree.
8.1.4. Task 1.4 Electrical Infrastructure Investigation
8.1.4.1. 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
Further, it will explore and assess th
existing infrastructure to determine capabilities as well as he requirements for EV charging stations and other smar ark" features (WIFI. irrigation, automated doors an‹
gates).
8.1.4.2. As an optional task and as approved by the City, Consultant shall assess the requirements for the addition of solar panels, including costs. This optional task shall be at additional cost.
Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 13 of 32 Rev. 09-28-18
8.1.5. Task 1.5: Aquatics Exploration
8.1.5.1. Consultant shall perform an analysis of converting the existing gas pool heater to an electric pool heater, using aimle a deg or man or no return tomato.
egarding rebates from the Silicon Valley Powe
epartment. Analysis of existing filtration and other por
8.1.52. recentage alonel cal me it nautor
mechanical, electrical, filtration and chemical injection plans and specifications suitable for bidding.
8.1.6. Task 1.6: Topographic Survey and Mapping
Consultant shall 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.
8.1.7. Task 1.7: Geotechnical Investigation
Consultant shall perform subsurface exploration including two to three borings, with laboratory soils testing, including infiltration rate testing. Consultant shall 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.
8.1.8. Task 1.8: 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 impact or be impacted by the Project, including but are 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
Consultant shall 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.
Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 14 of 32 Rev. 09-28-18
8.2.2. Task 2.2: Survey Preparation
Consultant shall work with the City to develop an online 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. Task 2.3: Public Outreach Meeting
8.2.3.1. Consultant shall 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 online meeting or an in-person meeting, as
determined by the City.
8.2.3.2. Consultant shall also gather input from the community via online polling and surveys.
8.2.3.3. Consultant shall document the feedback and consensus achieved.
8.2.4. Task 2.4: Preliminary Schematic Designs
Consultant shall develop two to three preliminary schematic designs which incorporate input 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 Meetings #1
8.2.6.1. Consultant shall meet with 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.
8.2.6.3. Consultant shall gather input 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;
Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 15 of 32 Rev. 09-28-18
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. lighting plan;
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
Consultant shall 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 present to 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 present to the City Council the recommended Schematic Design.
8.3.2.2. Consultant shall gather input and feedback from the City Council and make revisions to the Final Schematic Design if necessary.
8.3.2.3. Consultant shall 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. Geotechnical reports)
Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 16 of 32 Rev. 09-28-18
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
9. PROJECT LIMITATIONS AND ASSUMPTIONS
9.1. The following are outside the scope services and may be at additional cost if requested by the City:
9.1.1. Structural engineering.
9.1.2. Joint trench improvement plans.
9.1.3. Traffic control plans.
9.1.4. Stormwater Quality Control Plan.
9.1.5. Fees, permits, or processing of permits.
9.1.6. Mapping of shrubs or other minor vegetation.
9.1.7. Survey monument preservation.
9.1.8. Boundary surveying.
9.2. Building Department submittal includes one round of revisions. Additional revisions will be billed hourly based upon the current annual fee schedule.
9.3. CAD deliverables will be prepared AutoCAD 2022 using the software noted above. Client shall verify compatibility prior to the start of work. Additional charges and delays may apply if changes are requested after the preparation of deliverables has begun.
9.4. A survey control statement will be provided, including: the location, elevation, and description of the benchmark utilized, as well as a horizontal survey coordinate table with the point number, northing, easting, and description for at least three (3) points.
9.5. Obstructed or inaccessible areas may not be mapped.
9.6. Consultant makes every effort to provide accurate pipe diameter measurements. However, due to the limitations of the physical space and variations in design, pipe diameter measurements within gravity structures may vary up to two inches. Pipe diameters will be annotated as measured unless the client provides an alternate source of information such as as- built/record drawings or pothole data.
9.7. Pipe inverts that are not visible and exposed at the time of the survey due to inundation with water, trash, dirt, debris, etc. may not be measured. If any Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 17 of 32 Rev. 09-28-18
such invert is required for design, an additional mobilization charge may be required and will be scheduled after the client has made arrangements with the local agency to clean out the structure.
9.8. City will be responsible for clearance of utilities not covered by USA. We cannot be held responsible for damage to utilities not identified by the City.
9.9. Geotech auger cuttings can be spread onsite.
9.10. Geotech mitigation of liquefaction and seismic settlement is beyond this scope of services.
Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 18 of 32 Rev. 09-28-18
APPENDIX A1 TO EXHIBIT A
CITY'S PROJECT MANAGEMENT SOFTWARE E-BUILDER
General Requirements:
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.
i. Computer Operation System: Windows XP, Windows Vista, or Windows 7 ili. Web Browser: Microsoft Internet Explorer 9
iv. Work and Spreadsheet Processors: Microsoft Office Word, Excel and Outlook Scheduling Software: Microsoft Project or Primavera
vi. Internet Service Provider: A reliable ISP in the area of the Project vil. Connection Speed/Minimum Bandwidth: DSL, ADSL or T1 Line for transterring 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™ Ihis 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 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 O'Dell Engineering/Exhibit A-Scope of Services Page 19 of 32 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™ 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 T
Real time, updated Schedules Real time, updated
schedule information Cost cost/budget information
Workflow (transmittals, submittals,
REls, change orders)
Automated communications Automated notifications
(e.g., e-mail notifications of changes of project changes (schedule, in schedule, documents, workflow) Builder.
workflow, cost, milestones, other)
Web
browser
Web
browser
Executives
Program Management
Consultants, Architects,
Engineers, Contractors Facilities 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.
Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 20 of 32 Rev. 09-28-18
E-Builder Licensing Requirements
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 the e-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 O'Dell Engineering/Exhibit A-Scope of Services Page 21 of 32 Rev. 09-28-18
APPENDIX A2 TO EXHIBIT A - DRAFT PROJECT SCHEDULE
ID Task Name Duration Start Finish ember December Januar 1 WARBURTON PARK 94 days Wed 11/30/22 Mon 4/10/23
Research and Assessment 33 days Wed 11/30/22 Fri 1/13/23 Project Start 1 day Wed 11/30/22 Wed 11/30/22 • 11/30
Kick-off mtg 1 day Tue 12/6/22 Tue 12/6/22 • 12/6
Project Research and Site Assessme6 wks Thu 12/1/22 Wed 1/11/23 6 E Topo survey 3 wks Wed 12/14/22 Tue 1/3/23
Geotech 3 wks Wed 12/14/22 Tue 1/3/23
8 Arborist / Site Walk 3 days Wed 1/4/23 Fri 1/6/23
Site Analysis and Data Review 1 wk Mon 1/9/23 Fri 1/13/23 10 Schematic Design and Outreach 61 days Mon 1/16/23 Mon 4/10/23 11 City Staff Meeting 1wk Mon 1/16/23 Fri 1/20/23 → 1/20 12 Public Outreach Preparation 2 wks Mon 1/23/23 Fri 2/3/23 13 Public Survey Prep 1 wk Mon 1/23/23 Fri 1/27/23
14 Public Outreach Meeting #1 1 wk Mon 2/6/23 Fri 2/10/23 7, 2/10 15 Preliminary Design + Estimate 4 wks Mon 2/13/23 Fri 3/10/23 16 E PRC Meeting #1 1 wk Tue 3/14/23 Mon 3/20/23
3,320
17 Final Design + Estimate 3 wks Tue 3/21/23 Mon 4/10/23 PRC Meeting H2 1 wk Tue 3/21/23 Mon 3/27/23 + 3/27
19 E City Council Meeting 1 day Tue 4/4/23 Tue 4/4/23 • 4/4 Design Professional Agreement with O'Dell Engineering/Exhibit A-Scope of Services Page 22 of 32 Rev. 09-28-18
EXHIBIT B
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
The total maximum compensation the City will pay the Consultant under this Agreement shall not exceed One Hundred Twenty-Eight Thousand Four Hundred Twenty-Five Dollars ($128,425) 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 Amendment to the Agreement.
2. FEE SCHEDULE
Consultant's compensation is set forth in Table B1. The fees include all labor, materials, equipment, overhead, general administrative costs, and profit.
Table B1: Fee Schedule
Basis of
Description Compensation Total
TASK 1 - PROJECT RESEARCH AND SITE ASSESSMENT
Task 1.1 Kick off meeting Fixed fee $2,090
Task 1.2 Project Schedule Fixed fee $360
Task 1.3 Arborist Tree Inventory Fixed fee $2,880
Task 1.4 Electrical Fixed fee $0
Task 1.5 Aquatics Fixed fee $2,750
Task 1.6 Topographic Survey and Mapping Fixed fee $19,956 Task 1.7 Geotech Fixed fee $25,300
Task 1.8 Site Analysis Fixed fee $1,730
Subconsultants Fixed fee $3,168
Subtotal (Task 1) $58,234
TASK 2 - SCHEMATIC DESIGN AND PUBLIC OUTREACH
Task 2.1 Public Outreach Prep Fixed fee $5,920
Task 2.2 Survey Preparation Fixed fee $1,500
Task 2.3 Public Outreach Meeting Fixed fee $3,660
Task 2.4 Preliminary Designs Fixed fee $9,980
Task 2.5 Preliminary Cost Estimates Fixed fee $2,490
Task 2.6 PRC Meeting #1 Fixed fee $1,250
Task 2.7 Final Design Fixed fee $7,030
Task 2.8 Final Cost Estimate Fixed fee $1,640
Task 2.9 PRC Review Meeting #2 Fixed fee $1,580
Task 2.10 City council presentation Fixed fee $2,490
Subconsultants Fixed fee $1,936
Subtotal (Task 2) $39,476
OPTIONAL SERVICES
Design Professional Agreement with O'Dell Engineering/Exhibit B-Schedule of Fees Page 23 of 32 Rev. 09-28-18
Assess requirements for additional solar panels Not to exceed $5,840 Prepare Plans, Specifications and Engineer's
Estimate to convert existing gas pool heater to an Not to exceed $13,200 electric pool heater
Subtotal (Optional Services) $19,040
See Section 3 $11,675
10% Contingency below
MAXIMUM COMPENSATION $128,425
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 B2 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 B2: Consultant's Hourly Rates
Classification Regular Hourly Rate
Principal $280
Senior Civil Engineer $215
Senior Engineer 2 $200
Senior Engineer 1 $185
Engineer 2 $180
Engineer 1
Assistant Engineer 2
Assistant Engineer 1
Senior Landscape Architect 2
Senior Landscape Architect 1
Landscape Architect 2 $170
Landscape Architect 1 $160
Landscape Designer 3 $155
Landscape Designer 2 $145
Landscape Designer 1
Planner
Assistant Planner $140
Dry Utility Project Manager 2 $170
Dry Utility Project Manager 1 $150
Utility Engineer $135
Design Professional Agreement with O'Dell Engineering/Exhibit B-Schedule of Fees Page 24 of 32 Rev. 09-28-18
Classification Regular Hourly Rate
CADD Operator 2 $115
CADD Operator 1 $95
Surveyor Manager $205
Senior Land Surveyor $195
Senior Surveyor 2 $190
Senior Surveyor 1 $170
Surveyor 2 $150
Surveyor 1 $140
Assistant Surveyor 2 $130
Assistant Surveyor 1 $115
Survey Crew 2-man/1-man $320/$180
Survey Crew 2-man/1-man (Prevailing $396/$225
Wage)
Administrative $96
3.2. Consultant shall not perform additional services without the City's prior written authorization.
4. PAYMENT SCHEDULE
4.1. Consultant shall base its invoice on the percentage of services for each task completed during the previous month.
4.2. City will pay Consultant within thirty (30) days of City's receipt of an approved invoice.
Design Professional Agreement with O'Dell Engineering/Exhibit B-Schedule of Fees Page 25 of 32 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 Consultant 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 Consultant's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
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
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 shall otherwise follow form.
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 against another; and Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at Design Professional Agreement with O'Dell Engineering/Exhibit C-Insurance Page 26 of 32 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
Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
The indemnification and hold harmless obligations of Consultant 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 Consultant or any subconsultant under any Workers' Compensation Act(s), Disability Benefits Acts) or other employee benefits acts).
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 Consultant. 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.
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 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.
Primary and non-contributing. Each insurance policy provided by Consultant shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution Design Professional Agreement with O'Dell Engineering/Exhibit C-Insurance Page 27 of 32 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 Consultant's insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
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 insurance coverage required of Consultant, except as with respect to limits. Consultant 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. 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.
Consultant 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 Consultant for the cost of additional insurance coverage required Design Professional Agreement with O'Dell Engineering/Exhibit C-Insurance Page 28 of 32 Rev. 09-28-18
by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Consultant 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, Consultant, and each and every subconsultant (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. 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.
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 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, Consultant 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 e-mailed to [email protected]:
Or by mail to:
EBIX Inc.
City of Santa Clara - Parks & Recreation Department
P.O. Box 100085 - S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
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 insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Design Professional Agreement with O'Dell Engineering/Exhibit C-Insurance Page 29 of 32 Rev. 09-28-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
Prevailing Wage Requirements
1. Consultant shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the elty 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.
Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.
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
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 O'Dell Engineering/Exhibit D-Labor Compliance Page 30 of 32 Rev. 09-28-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
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 mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No consultant or subconsultant may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No consultant or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered "public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any consultant 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 against the City for such violation, including all staff costs and attorney's fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of Design Professional Agreement with O'Dell Engineering/Exhibit D-Labor Compliance Page 31 of 32 Rev. 09-28-18
such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant's address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Consultant until Consultant has performed all of its obligations under these provisions.
This provision means that City can withhold all or part of a payment to Consultant until all required documentation is submitted. Any payment by the City despite Consultant's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon 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 O'Dell Engineering/Exhibit D-Labor Compliance Page 32 of 32 Rev. 09-28-18