EBIX Insurance No. S200005046
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SCHAAF & WHEELER CONSUL TING CIVIL ENGINEERS
FOR
BOWERS AVENUE UNDERPASS STORM DRAIN PUMP STATION PROJECT
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Schaaf & Wheeler Consulting Civil Engineers, a California Corporation, (Consultant). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services"; B. "Design professional" includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Consultant represents that it, and its subconsultants, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Design Professional Agreement with Schaaf & Wheeler Consulting Civil Engineers Rev. 09-28-18
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum (if applicable)
Exhibit E - Milestone Schedule
Exhibit F - Project Management Document Software
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the effective date signed by the City Manager and terminate three years from the effective date.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibit A within the time stated in Exhibit B. Time is of the essence.
A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.
B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
4. WARRANTY
Consultant expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall conform to the industry standard, and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.
Design Professional Agreement with Schaaf & Wheeler Consulting Civil Engineers Rev. 09-28-18
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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 consistent with the professional standards of a professional in the same discipline in the State of California.
All documents furnished under Exhibit A shall be of a quality acceptable to City.
The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by City for similar projects.
6. COMPENSATION AND PAYMENT
In consideration for Consultant's complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is one hundred eleven thousand one hundred twenty-eight dollars ($111,128) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant's expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Consultant.
B. Termination for Default. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Consultant.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.
Design Professional Agreement with Schaaf & Wheeler Consulting Civil Engineers Rev. 09-28-18
8. ASSIGNMENT AND SUBCONTRACTING
City and Consultant bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Consultant shall not hire subconsultants without express written permission from City.
Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONSULTANT
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent consultants and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
Design Professional Agreement with Schaaf & Wheeler Consulting Civil Engineers Rev. 09-28-18
Page4
13. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Consultant's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessnes.s, or willful misconduct of the Consultant, its employees, subconsultants, or agents in the performance, or non-performance, of Services under this Agreement.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
Design Professional Agreement with Schaaf & Wheeler Consulting Civil Engineers Rev. 09-28-18
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Department of Public Works - Design Division 1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Consultant addressed as follows:
Schaaf & Wheeler Consultant Civil Engineers
Attention: Glen M. Anderson
4699 Old Ironsides Dr., Ste 350
Santa Clara, CA 95054
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
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 \(vage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Consultant has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299 ).
19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and Design Professional Agreement with Schaaf & Wheeler Consulting Civil Engineers Rev. 09-28-18
following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Consultant shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Consultant shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
26. STATEMENT OF ECONOMIC INTERESTS
Due to the nature of the Services to be performed, Consultant shall promptly file a Statement of Economic Interests (Form 700) upon commencement of the Design Professional Agreement with Schaaf & Wheeler Consulting Civil Engineers Rev. 09-28-18
Page?
Agreement in accordance with California Government Code section 87200, et seq.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
City of Santa Clara
Office of the City Attorney
ff
j v Batra
City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: ( 408) 241-6771
SCHAAF & WHEELER CONSUL TING CIVIL ENGINEERS
a California Corporation
Dated: 1/13/23
By (Signature): =J.A/:::'L-: : CL:::=:::----:================= Name: ~ M. Anderson - --- - --- ---- - ----- Tit I e: Vice President
Principal Place of 4699 Old Ironsides Dr., Ste. 350
Business Address: Santa Clara, CA 95054
Email Address: [email protected]
Telephone: (408) 246-4848
Fax: (408) 246-5624
"CONSULTANT"
Design Professional Agreement with Schaaf & Wheeler Consulting Civil Engineers Rev. 09-28-18
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SCHAAF & WHEELER CONSUL TING CIVIL ENGINEERS
FOR
BOWERS AVENUE UNDERPASS STORM DRAIN PUMP STATION PROJECT
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Consultant under this Agreement are set forth below.
I. • GENERAL
This Scope of Services is anticipated as necessary to meet City's objectives as described under Section II, BACKGROUND AND PROJECT, and Section Ill, DESCRIPTION OF SERVICES of this document. Consultant and City agree that this Scope of Services incorporates Consultant's professional qualifications and experience and will meet the City's objectives.
Consultant will be expected to provide complete, ·professional, high-quality Services and products; to consult City personnel, and others who are involved with the project; and to provide the expertise, guidance, advice, and assistance in accomplishing the work.
11. BACKGROUND AND PROJECT
The Bowers Avenue Underpass Storm Drain Pump Station ("Bowers SOPS") was constructed in 1974 as part of the Bowers Avenue Southern Pacific Rail Road Underpass Project. The Bowers SOPS has a design capacity of 2,750 gpm and collects stormwater runoff at the undercrossing through a 24-inch pipe. The Bowers SOPS contains two-30 hp submersible pumps with motors, power control center panel, hour meter, programmable logic controller, remote telemetry unit, float switches, and other appurtenances. The Bowers SOPS contains all original mechanical, electrical, and plumbing, without any major replacement work. Due to the age of the Bowers SOPS, the City has difficulties finding parts to replace and maintain existing mechanical, electrical, and plumbing system.
In November 2010, the City completed the Storm Drain Pump Station Evaluation Report ("Pump Station Report") that assessed the City's Pump Stations and Lift Stations. The Pump Station Report provided detail information about each pump station and proposed improvements at 25-year and 50-year intervals. The Pump Station Report recommended various improvements at the BSDPS.
Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 Page 1
Besides from the Pump Station Report, in December 2015 the City completed the Storm Drain Master Plan ("Master Plan") that reviewed the City's existing storm drain network and identified and prioritized various capacity improvement projects citywide. The Master Plan also reviewed existing pump stations for capacity deficiencies and indicated that the Station has adequate capacity under existing and future conditions .
The Storm Drain Master Plan, Pump Station Assessment Report, as-builts, along with utility maps of the area are available for download and review here:
https:/ /sa ntacla raca-
my.sharepoint. com/:f:/g/personal/h ng uyen 1 santaclaraca gov/EIG ti Elm9Kk8 6RxBFh2TMBZgK6jYS7ur6r787 ALDAY AA ?e=5wvj8M
The Bowers Avenue Underpass Storm Drain Pump Station Rehabilitation Project (PROJECT) will be completed in two distinct phases. The first phase of the PROJECT, Phase 1 is covered by this Agreement and includes the following scope of work: conducting a detailed pump station assessment and preparing a Basis of Design Report (BOD). The BOD Report shall present condition assessment of the entire pump station including but not limited to all pumps, motors, wet well, electrical and mechanical controls and provide recommended improvements to address existing station deficiencies to meet City's needs. The BOD Report will be used as the basis for the next phase of the PROJECT.
If funding for the next phase of the project is approved, the City will coordinate with the Consultant to amend this Agreement to include the second phase of the PROJECT. The second phase scope of work includes all work necessary in preparation of (plans, specifications, and engineer's estimate - PS&E) for public works bidding; provide assistance in obtaining permits; and provide engineering support services during bid and award, construction, and post-construction phases.
Ill. DESCRIPTION OF SERVICES
Consultant shall provide the services described herein. All work shall be done in accordance with the Department of Transportation Standard Specifications and Details, City Standard Plans and Specifications, ADA Design Guidelines, latest building and fire codes, and other applicable codes and standards recommended by the Consultant. Below is an outline of required services; however, it is the responsibility of the consultant to independently assess the PROJECT and provide recommendations for improvement to meet the goals for this PROJECT.
Phase I: Consultant shall:
1. Perform wet well condition assessment:
a. All personnel performing this work shall be OSHA certified in fall protection and confined space entry.
Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 Page 2
b. To facilitate the condition assessment, City will provide harness and apply for confined space entry permit upon request. Consultant may also provide all necessary harness, tools, and equipment to perform his/her own confined space entry condition assessment of the wetwell.
2. Therecommendations shall include for the overall the pump station to serve its functions , but limited to the following:, :
a. to enhance/provide needed structural integrity of the wet well b. to replace existing pump station mechanical, electrical, and plumbing c. to rehabilitate pump station building
d. to enhance security to minimize break-ins and people digging under perimeter fencing, cutting fence and locks
e. to enhance operation and maintenance of pump station f. to connect a portable generator in case of emergency
3. Besides the existing condition of the BSD PS, the City would like the consultant to provide additional recommendations beyond the replacement in kind to enhance routine maintenance and operation of the pump station.
Additional recommendations may include, but are not limited to the following:
a. Advanced pump station controls
b. Pump alternatives that provide best availability for maintenance and replacement
c. Electrical modifications
d. Redundancy in case of power failure
4. Prepare Basis of Design Report
Consultant shall provide the Services described herein through a project team, comprised of Consultant and sub-consultants identified I their proposal as follows:
1. Consultant: SCHAAF & WHEELER CONSUL TING CIVIL ENGINEERS
2. Sub-consultants to SCHAAF & WHEELER CONSUL TING CIVIL ENGINEERS:
1) T JC and Associates, Inc. - electrical engineering, instrumentation and controls, and control systems programming.
2) Kier+ Wright- land survey
3) Biggs Cardosa - structural engineering and wetwell condition assessment
Any changes to the Project team through the course of the Services shall be approved in writing by City.
IV. RESPONSIBILITIES OF CITY
Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 Page 3
CITY will provide the following information and support for the project as-available and applicable:
A. Record drawings (as-available)
B. CITY's Standard Details, Specifications, Benchmark, and Design Criteria.
C. Storm Drain (SD), Sanitary Sewer (SS), Electric, Fiber, Water and Recycled Water Block Book Maps (as-available).
D. Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, and aerial photographic tiles
E. Payment of permit application fees with other internal departments, if required.
F. Filing exemption under the California Environmental Quality Act, if applicable.
Besides the above, the City will work closely with the consultant to provide any other data or records, as available and necessary for the work involved.
V. BASIC SCOPE OF SERVICES
The Basic Scope of Services includes all professional services required to perform complete evaluation of the Bowers SOPS and identify all deficiencies to enable the project to be appropriately scoped and planed for the next phase, which includes detail design and construction.
PROJECT MANAGEMENT
CONSUL TANT shall:
A. Manage its team and overall project activities consistent with the direction from CITY in order to meet the project schedule and budget. Manage sub-consultants, maintain schedule and budget, anticipate and mitigate potential design issues and delays and coordinate and update the City on the overall progress of the Project.
8. Any field work that involves subsurface excavation and/or coring, consultant is required to submit plan of work to the City for review and approval prior to proceeding.
C. Organize and attend project meetings with the City to discuss project progress, decisions, and direction and to coordinate activities. Meetings shall be held at key project milestones and shall include, but are not limited to:
1. Kick-off Meeting (Phase I)
2. Draft BOD Meeting (Phase I)
3. Final BOD Meeting (Phase I)
D. Coordinate with CITY, design team members, consultants, utility companies, other Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 Page4
government agencies, and other affected parties as required throughout the duration of the project as well as the Quality Assurance/Quality Control (QA/QC) activities for project deliverables.
E. Prepare, monitor, and update progress schedule in MS Project format beginning at the kickoff meeting and ending at contract award for the last submittal package.
Schedule shall show significant milestones for the project. CONSUL TANT shall notify CITY if there are delays or potential delays in any phase of the project. In such cases, CONSUL TANT shall make up the schedule in subsequent phases of the project or provide information to CITY substantiating a request for time extension (which may not be approved). The schedule shall be maintained at all times and shall be updated each time progress and milestones are achieved and/or changed.
F. Meetings: Meetings shall be budgeted for and invoiced under each respective Task or activity requiring a meeting and not as project management. Preparation for meetings shall be considered as included in the Task or activity for which the meeting is involved. A kick-off meeting shall be conducted with designated CITY staff prior to beginning work. to review anticipated Tasks and schedule, review available information and needs, and address any outstanding questions regarding the project moving forward raised by CITY or CONSULTANT. During the course of Services while there is active work on the PROJECT, CONSULTANT shall schedule and attend brief bi-weekly (every other week) conference calls with CITY.
The purpose of the bi-we~kly conference calls will be to keep CITY appraised on the PROJECT's progress and address any issues that may arise during the course of Services.
G. Provide monthly progress reports.
H. Stakeholder Coordination: CONSUL TANT shall coordinate with project stakeholders as needed to inform each stakeholder of the project work and incorporate any necessary accommodations into the final submittal documents.
I. Provide Review/Plan Check Log (Response Matrix) summarizing comments received from various City Departments/Divisions and agencies. Response Matrix shall include, but not be limited to, commenting department/division or agency, comments, response to comments, action items, and person responsible for follow up. Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved to have final discussion and resolution. Submit Response Matrix in electronic format with each route of plan check submittal.
J. Conduct QC reviews in accordance with its QA Program guidelines.
CONSUL TANT 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.
Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 Page5
K. Invoicing and Contract Administration: CONSUL TANT administrative staff time spent preparing invoices for Services complete shall be considered as included in the overhead of the CONSUL TANT's basic hourly rates and shall not be billed.
Additionally, addressing administrative issues regarding the professional Services agreement, such as preparing additional Services requests or budget modifications, shall also be considered as included in the overhead of the CONSULTANT's basic hourly rates and shall not be billed.
L. Payment for all responsibilities related to Project Management shall be included in the various tasks identified in Exhibit B, Schedule of Fees.
Deliverables:
1. Progress schedules in MS Project format (submitted electronically as an 11" x 17" pdf file and in native MS Project format).
2. QA Program guidelines and QC reports for each Task (in pdf file).
3. Meeting agendas, preparation materials, and meeting minutes for each project meeting (in pdf file).
4. Monthly progress reports and invoices (in pdf file).
Phase I
Task 1.0: Draft Basis of Design Report
1.1 CONSUL TANT shall collect and review relevant reports, records, data, maps and other documents. Consultant shall inspect and evaluate existing condition in order to fully comprehend the site and provide recommendation to improve existing infrastructures. Provide detailed field review of the Pump Station, through coordination with the City, and assess and provide rehabilitation and improvement recommendations for pumps and motors, electrical equipment, inlet pipes, wetwell, slide gate structure, and miscellaneous metals, building and roof structures, and any other structures/elements to operate the pump station.
Consultant's representatives shall be certified and equipped with appropriate harnesses and protections for confined space entry prior to entering manholes, structures, wet wells, and any other confined areas. To facilitate the condition assessment, City will provide harness and apply for confined space entry permit.
1.2 Optional Task 1, Rebar Scanning - based on the initial condition assessment of the storm drain pump station wetwell, CONSUL TANT shall advise the city whether rebar scanning services are necessary to further inspect potentially problematic/structural deficient areas within the wetwell. Prior to performing work, CONSUL TANT shall provide a work plan to the City for review and approval. No work shall be performed unless authorized by the City.
1.3 CITY maintains a list of known utility operators in CITY. CONSULTANT shall prepare a Notice of Intent to Construct (NOi) on CITY's standard NOi form and Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 Page 6
submit it to the known utility operators in order to gather records for existing utilities. Location map exhibits will be required to be submitted as part of the NOi.
CONSULTANT shall provide CITY a draft copy the NOi prior to sending it to the utility, maintain log of all NOi sent and received, and provide CITY all information received from the NOi. The purpose of the collection of utility information is to identify ownership of surface features that may be impacted by the work, and also to identify if there are any high-risk utilities within the project limits that may be impacted by the work.
1.4 Any work that affects the public right-of-way, which include geotechnical boring, potholing, excavation, and other that are similar in nature requires submittal of a complete encroachment permit applications. Requirements of the encroachment permit applications are on line on our website and typically include traffic control plan, work plan, insurances, re~establishment plan, and other necessary documents. The City will pay for all related encroachment application fees; however, the consultant shall borne all costs related with submitting the encroachment permit applications.
1.5 Consultant shall prepare Basis of Design Reports to address the BSDPS deficiencies. The report shall, at the minimum, include the following:
A. History and background (including photos)
B. Existing station overview and understanding of key issues.
C. Current issues at the station
D. Condition assessment of station infrastructures to remain.
E. Mechanical, hydraulic, structural, electrical, and corrosion issues.
F. Recommended improvements
G. Estimated Project costs
H. Proposed Project Schedule
I. Preliminary drawings of the recommended improvements
1.6 The Engineer's Cost Estimate shall be an itemized list of bid items and shall be accurate and prepared based upon current construction pricing and escalated to time of mid construction using engineering judgement. Consultant shall review recent bids, and contact vendors, suppliers, and contractors as necessary to develop an accurate cost estimate. The Consultant shall provide the assumptions and supporting documents used to prepare the Engineer's Estimate. The Engineer's Estimate shall consider the following factors:
A. Current economic trend.
B. When the project will be bid.
C. When construction will occur.
D. What are the risks that contractors need to consider for the project.
The aforementioned factors are not a complete list, but rather to provide a starting point for the consultant to prepare the Engineer's Estimate. If there are other Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 Page?
factors and assumptions that are deemed critical to prepare an accurate Engineer's Estimate, Consultant shall include them in their estimate.
1. 7 The Draft Basis of Design will be routed by the city project manager to the various stakeholders for review and comments.
Deliverables:
1 . Draft Basis of Design Report
2. Field photos and notes
3. QA/QC Form for primary consultant and subconsultants Task 2.0: Final Basis of Design Report
2.1 CONSULTANT shall finalize the BOD Reports based on comments from the previous BOD Reports. The final BOD Report shall be signed, stamped and dated by CONSUL TANT in responsible charge for their preparation.
2.2 Conduct a quality control (QC) review of BOD Reports in accordance with Consultant's QC program approved by City.
Deliverables:
1. Stamped, signed, and dated Basis of Design Report
2. All data and documents gathered to prepare the Basis of Design Reports.
Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 Page8
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SCHAAF & WHEELER CONSUL TING CIVIL ENGINEERS
FOR
BOWERS AVENUE UNDERPASS STORM DRAIN PUMP STATION PROJECT I. GENERAL PAYMENT
EXHIBIT B
SCHEDULE OF FEES
The total payment to the Consultant for Basic Services, as stated in Exhibit A, shall not exceed $96,633. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $14,495. In no event shall the amount billed to City by Consultant for Services under this Agreement exceed $111,128, subject to budget appropriations.
Consultant shall bill City on a monthly basis for Services provided by Consultant during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. Billing shall be proportionate to the Services performed for each task completed. The invoice shall describe the Task completed, and percentage completed by Task, and total during the invoice period.
The invoice shall also show the total to be paid for the invoice period. City will pay Consultant within thirty (30) days of City's receipt of an approved invoice.
II. BASIC SERVICES
The total payment to Consultant for all work necessary for performing all Tasks, as stated in Exhibit A, shall be in proportion to Services rendered and on a Time and-Material not-to-exceed basis.
The Consultant fee allocated to each Task, as shown below, shall be the Consultant's full compensation for all the Consultant Services required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. The total amount of all the Tasks is a not-to exceed amount.
The amount for each Task and the total amount of all the Tasks are as listed below:
Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 Page 9
Description of work and task Basic Services
Cost
Task No. 1 - Draft Basis of Design Report $65,674
Task No. 2 - Final Basis of Desiqn Report $18,959
Optional Task 1 (2 days of rebar scanninq) $12,000
TOTAL COST $96,633
In no event shall the amount billed to City by Consultant for BASIC SERVICES under this Agreement exceed ninety-six thousand six hundred thirty-three dollars ($96,633).
Ill. REIMBURSABLE EXPENSES
There are no reimbursable expenses.
IV. ADDITIONAL SERVICES
Additional Services consists of work not included in the Scope of Services outlined within this Agreement. Pre-approved Additional Services shall be billed to City at the fixed hourly rates shown below in Section V, RATE SCHEDULE, or at an agreed negotiated lump sum price. Monthly billing for Additional Services shall be consistent with the term set forth in this Agreement. Payment for any Additional Services is allowed only if written authorization is given by the City Engineer in advance of the work to be performed. Additional Services shall not exceed $14,495.
V. RA TE SCHEDULE
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.
The pay rates for the project by classification are listed below:
Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 Page 10
Primary Consultant - SCHAAF & WHEELER CONSUL TING CIVIL ENGINEERS:
Personnel Charges
. Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.
Current rates bv classification are listed below:
Classification Rate/Hr Classification Rate/Hr
Principal Prnject Manager $250 Construction Manager $235 Senior Project Manager $235 Senior Resident Engineer $210 Senior Engineer $220 Resident Engineer $190
Associate Engineer $200 Assistant Resident Engineer $175 Assistant Engineer $185
Junior Engineer $175
Designer $160
GISAnalvst $160
Technician $155
Engineering Trainee $125
Litigation Charges
'i\'ork done in preparation for litigation and other very high level-of-expertise assignments is charged at $350 per hour. Court or deposition tinte as an expert wih1ess is charged at $430 per hour.
Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.
Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 Page 11
Subconsultant Billing Rates:
BIGGS CARDOSA
ASSOCIATES INC
STRUCTURAL ENGINEERS
865 The Alarneda
San Jose, CA 95128-3133
Telephone 408,288.5515
Senior Principal
Principal
Associate
Engineering Manager
Senior Engineer
Project Engineer
Staff Engineer
Assistant Engineer
Junior Engineer
Senior Computer Drafter
Computer Drafter
CHARGE RATE SCHEDULE
Junior Computer Drafter
SIM/Visualization Specialist
Project Administrator
Project Coordinator
Secretarial Administrative Services
Construction Manager
Senior Structura I Representative
Structural Representative
Assistant Structures Representative
Senior Bridge Inspector
Subconsultants
Expenses
In-House CADD Plots
Prints
Plots
Mylar Plots
Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21
$290.00
$250.00
$230.00
$200.00
$180.00
$165.00
$152.00
$140.00
$128.00
$145.00
$128.00
$115.00
$145.00
$165.00
$135.00
$104.00
$240.00
$210.00
$187.00
$150.00
$187.00
Cost Plus 10%
Cost Plus 15%
$0.32/ sq. ft.
$1.60/ sq. ft.
$3.20/ sq. ft.
~ KIER+WRIGHT
HOURLY RATE SCHEDULE
Effective March 1, 2022 through February 28, 2023
Principal ............................................................................................................................................................................................................. $ 282.00 I Hour Principal Engineer ...................................................................................................................................................................................... $ 256.00 / Hour Senior Engine er Manager ..................................................................................................................................................................... $ 236.00 / Hour Technical Manager .............................................................................................. ..................................................................................... $ 236.00 / Hour Senior Engin eer ........................................................................................................................................................................................... $ 223.00 / Hour Engin eer 111 ...................................................................................................................................................................................................... $ 208 .00 / Hour Engineer 11 ......................................................................................................................................................................................................... $ 173.00 / Hour Engineer I ......................................................................................................................................................................................................... $144 .oo / Hour Senior Survey Construction Manager ......................................................................................................................................... $ 230.00 / Hour Senior Land Surveyor ........................................ , ..................................................................................................................................... $ 230.00 / Hour Project Surveyor 111 ................................................................................................................................................................................... $ 206.00 / Hour Project Surveyor 11 ...................................................................................................................................................................................... $ 166.00 / Hour Project Surveyor l ........................................................................................................................................................................................ $142 .oo / Hour Survey Coordinator ................................................................................................................................................................................... $ 196.00 I Hour Engineering Tech 111 .................................................................................................................................................................................. $ 187-00 / Hour Engineering Tech 11 ...................................................................................................................................................................... ............. $ 169.00 / Hour Engineering Tech 1 ..................................................................................................................................................................................... $ 158.00 / Hour Draftsman/ Survey Tech 111 ............................................................................................................................................................... $ 144.00 / Hou r Draft sma n / Survey Tech 11 ................... '. .............................................................................................................................................. $ 119.00 / Hour Draft sman/ Survey Tech 1 ................................................................................................................................................................... $ 110.00 / Hour 3-Man Survey Crew ................................................................................................................................................................................. $ 404.00 / Hour 2- Man survey Crew .................................................................................................................................................................................. $ 319.00 / Hour 1-Man Survey Crew ................................................................................................................................................................................... $ 197-00 I Hour Testimony (Trial or Depo sition) ....................................................................................................................................................... $ 550 .00 / Hour Project Coordinator Ill ............................................................................................................................................................................. $ 135.00 / Hour Project Coordinator 11 ................................................................................................................................................................................ $ 118.00 / Hour Project Coordinator 1 ................................................................................................................................................................................ $ 103.00 I Hour Engineering / Survey Intern ................................................................................................................................................................. $ 60.00 / Hour 3D Laser Scanning Crew ....................................................................................................................................................................... $ 393.00 / Hour All blueprintli1g and reproduction will be billed at cost plus 10% Ttine spent for preparation for testimony will be billed in a ccorda nee vvith the above hourly rates.
Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21 • Page 13
Schedule of Hourly Rates and Costs - 2022
TJC and Associates, Inc.
Labor
Engineer CAD
Level 20 (E20) $322.00 I hour Level 10 (C10)
Level 19 (E19) $ 310.00 I hour Level 9 (C9)
Level 18 (E18) $ 298.00 I hour Level 8 (CS)
Level 17 (E17) $ 286.00 I hour Level 7 (C7)
Level 16 (E16) $ 275.00 I hour Level 6 (C6)
Level 15 (E15) $ 263.00 I hour Level 5 (CS)
Level 14 (E14) $ 251.00 I hour Level 4 (C4)
Level 13 (E13) $239.00 I hour Level 3 (C3)
Level 12 (E12) $227.00 I hour Level 2 (C2)
Level 11 (E11) $ 215.00 I hour Level 1 (Cl)
Level 10 (E10) $204.00 I hour
Level 9 (E9) $192.00 I hour
Level 8 (EB) $180.00 I hour Administrative
Level 7 ( E7) $168.00 I hour Level 15 (A15)
Level 6 (E6) $156.00 I hour Level 14 (A14)
Level 5 (ES) $145.00 I hour Level 13 (A13)
Level 4 (E4) $133.00 I hour Level 12 (A12)
Level 3 (E3) $121.00 I hour Level 11 (A11)
Level 2 ( E2) $109.00 I hour Level 10 (A10)
Level 1 (El) s 97.00 I hour Level 9 (A9)
Reimbursable Expenses
Auto Mileage Standard set by IRS
Outs'de Services Cost + 10%
Materials and Other Expenses Cost + 10%
Design Professional Agreement with S&W/Exhibits A & B
Rev. 04-12-21
$187.00 I hour
$175.00 I hour
$164.00 I hour
$152.00 I hour
$140.00 I hour
$129.00 I hour
$117.00 I hour
$105.00 I hour
$ 93.00 I hour
$ 82.00 I hour
$151.00 I hour
$141.00 I hour
$131.00 I hour
$122.00 I hour
$112.00 I hour
$102.00 I hour
$ 93.00 I hour
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SCHAAF & WHEELER CONSUL TING CIVIL ENGINEERS
FOR
BOWERS AVENUE UNDERPASS STORM DRAIN PUMP STATION PROJECT
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and Design Professional Agreement with S&W/Exhibit C-lnsurance Requirements Rev. 09-28-18
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
Design Professional Agreement with S&W/Exhibit C-lnsurance Requirements Rev. 09-28-18
Page2
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. Cancellation.
4. a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment. of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non renewal.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to Design Professional Agreement with S&W/Exhibit C-lnsurance Requirements Rev. 09-28-18
limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara Public Works
P.O. Box 100085 - S2
Duluth, GA 30096
or 1 EbixWay
John's Creek, GA 30097
Design Professional Agreement with S&W/Exhibit C-lnsurance Requirements Rev. 09-28-18
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Design Professional Agreement with S&W/Exhibit C-lnsurance Requirements Rev. 09-28-18
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SCHAAF & WHEELER CONSUL TING CIVIL ENGINEERS
FOR
BOWERS AVENUE UNDERPASS STORM DRAIN PUMP STATION PROJECT
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements. If applicable to the Services, Consultant or its subconsultant(s), as applicable, shall comply with the following requirements.
A. Prevailing Wage Requirements
1. Consultant shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk's office, which shall be available to any interested party upon request. Consultant is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, consultants are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811- 1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Consultants and subconsultants are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
Design Professional Agreement with S&W/Exhibit D-Labor Compliance Rev. 09-28-18
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Consultant agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subconsultants) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Consultant and all subconsultants shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No consultant or subconsultant may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)].
8. No consultant or subconsultant may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Consultants MUST be a registered "public works consultant" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All consultants/subconsultants and related construction Services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works consultant". Those you fail to register and maintain their status as a public works consultant shall not be permitted to perform work on the project.
10. Should any consultant or subconsultants not be a registered public works consultant and perform work on the project, Consultant agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.
Design Professional Agreement with S&W/Exhibit D-Labor Compliance Rev. 09-28-18
Page2
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no. cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant's address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Consultant until Consultant has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Consultant until all required documentation is submitted. Any payment by the City despite Consultant's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon consultants and subconsultants for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Design Professional Agreement with S&W/Exhibit O-Labor Compliance Rev. 09-28-18
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SCHAAF & WHEELER CONSUL TING CIVIL ENGINEERS
FOR
BOWERS AVENUE UNDERPASS STORM DRAIN PUMP STATION PROJECT
EXHIBIT E
MILESTONE SCHEDULE
Descri12tion of work and task Duration
Task No. 1 - Draft Basis of Design Report 5 weeks from Notice to Proceed Task No. 2 - Final Basis of Design Report 4 weeks from city comments for Package previous task provided to the
CONSULTANT
Optional Task 1 2 weeks from Authorization to
Proceed
Design Professional Agreement with S&W/Exhibit E - Milestone Schedule Rev. 04-12-21
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANT A CLARA, CALIFORNIA,
AND
SCHAAF & WHEELER CONSUL TING CIVIL ENGINEERS
FOR
BOWERS AVENUE UNDERPASS STORM DRAIN PUMP STATION PROJECT
EXHIBIT F
PROJECT MANAGEMENT DOCUMENTATION SOFTWARE
1.0 GENERAL
This section is intended to describe the use of e-Builder Enterprise™ (e-Builder) a web-base project management software, as the median for project documentation and reporting. All costs associated with the use of the software is inclusive of the Project Exhibit B - Schedule of Fees.
2.0 e-BUILDER PROJECT MANAGEMENT SOFTWARE PROGRAM
The City of Santa Clara is currently using e-Builder Project Management for all related project management tasks. Consultant is required to comply with all requirements specified in this Exhibit F - PROJECT MANAGEMENT DOCUMENTATON SOFTWARE.
3.0 REQUIREMENTS
A. General Requirements:
1. Consultant and Subconsultants shall provide at a minimum, the following to its staff:
a) Computer: Minimum Intel Pentium® 4 Processor 2.4 GHz or equivalent processor with 512MB of RAM; recommended Centrino Duo® Processors 1.6 GHz or equivalent with 2GB of RAM, or higher; b) Computer Operation System: Windows XP or later and OS X v10.8 or later;
c) Web Browser: Microsoft Internet Explorer 11.0 or later, Google Chrome v29.0.1 or later, Mozilla Firefox v35.0.1 or later, Safari v6.0.4 or later, Safari for iOS mobile v6.1 or later. Other browsers such as Microsoft Edge, Google Chrome for iOS, and Google Chrome for Android are available on e-Builder; however, but some features might not work as expected;
d) Work and Spreadsheet Processors: Microsoft Office Word, Excel Design Professional Agreement S&W /Exhibit F- Project Management Documentation Software Page 1
8. C.
and Outlook;
e) Scheduling Software: Microsoft Project or Primavera; f) Internet Service Provider: A reliable ISP in the area of the Project; g) Connection Speed/Minimum Bandwidth: DSL, ADSL or T1 Line for transferring a minimum of 3 Mbps Downstream and 512 Kbps Upstream.
2. Consultant and Subconsultants shall provide its management personnel assigned to this Project with access to personal computers and the Internet on a daily basis
Project Web Requirements:
1. This project utilizes a web-based project management tool, e-Builder. This web-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information.
2. Consultant and Subconsultants shall conduct Project controls, outlined by the City, utilizing e-Builder. This designated web-based application will be provided by the City at no costs to the Consultant and the Subconsultants.
No additional software will be required. Furthermore, the City Project Manager will assist Consultant in providing training of Subconsultant's personnel.
3. Consultant and Subconsultants shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include, but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Construction Change Directives, Potential Change Orders, Change Order Requests, Change Orders, etc. All supporting data including, but not limited to, shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests, Submittals, etc. and the like will be submitted in digital format via e-Builder.
Electronic File Requirements:
1. In addition to the standard closeout submittal requirements detailed Design Professional Agreement S&W /Exhibit F- Project Management Documentation Software Page 2 elsewhere in the Contract Documents, the Consultant and Subconsultants shall also submit all closeout documents including all "As-Built Drawings", catalog cuts, and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings) shall be converted or scanned into the Portable Document Format (PDF) file and uploaded to e Builder.
4.0 IMPLEMENTATION REQUIREMENTS
A.
B.
C.
D.
E.
F.
e-Builder is a comprehensive Project and Program Management system that will be implemented for managing documents, communications, and costs between the Contractor, Sub-contractors, Consultant, Sub consultants, and Owner. e-Builder includes extensive reporting capabilities to facilitate detailed.
Project reporting in a web-based environment that is accessible to all parties and easy to use.
Central Document Vault: e-Builder 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 by the City.
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 S&W /Exhibit F- Project Management Documentation Software Page 3 Real t ime, updated
s<heduJe lnfoim.;tioo
[]l
Schedules
Co.st
W(1rk1iow {Ira rNY1itts1 l$, s1J bmitta I$,
RF Is, changi: o rdeis)
Real time, updated
. e<)st/budglsli !ofonrntl on
Automated commun/rntl'6ns Auromared notifications (e.g., e-mail t)o!iff c~glons of rhqp9es ,'n sdw/(.lfe, dodim~rrts, worf<flo•,v) of project changes (schedule, worknow,cost. m1·te ·tooe~, otfLer}
Consultants, Archftects,
Engineers,. Contractor$ Facilities Manag @ment
Executives
5.0 LICENSING REQUIREMENT
A.
B.
User Licenses: Each user license is for access to the site consisting of unlimited data storage. Users can be direct employees of the Consultant as well as its Subconsultants and/or Suppliers.
Each user license includes full access to e-Builder, including all of the documents and reports mentioned above. Furthermore , each user license provides thee-Builder software as a service (SaS) including:
1. All hosting, operation, maintenance, and data backup of the e Builder software and documents which are maintained in state-of the-art data centers located throughout the United States.
2. Quarterly e-Builder software enhancements.
3. Unlimited phone, email, and web-based support 24-hours.
Design Professional Agreement S&W /Exhibit F- Project Management Documentation Software Page 4 C. e-Builder user licenses shall be obtained by the City, Owner Manager, and QA/QC Agencies for which the Design Consultant is not responsible.
Design Professional Agreement S&W /Exhibit F- Project Management Documentation Software Page 5