PR
OFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2022, between the CITY OF STOCKTON, a municipal corporation (“City”), and SIEGFRIED ENGINEERING, INC., whose address is 3428 BROOKSIDE ROAD, STOCKTON, CA 95219, (“Consultant”) for the SANITARY SEWER SMALL DIAMETER LINES REPLACEMENT, PROJECT NO. UW21016, hereinafter referred to as "Project".
RE
CITALS
A. C
onsultant represents that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. C
ity finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NO
W THEREFORE , in consideration of the mutual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:
1. SCOPE OF SERVICES . Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.
2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $183,054 or as otherwise mutually agreed to in a Contract Amendment.
3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit D and shall otherwise comply with the other provisions of Exhibit D.
4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Consultant to a greater extent than permitted under the public policy of the State of California, Consultant shall indemnify, and hold harmless City, its Mayor, Council, officials, and employees from and against any and all claims and causes of action which result in liabilities, judgments,
ATTACHMENT B
Professional Services Contract - SIEGFRIED ENGINEERING, INC. - PROJECT NO. UW21016 (Updated 12/31/20)
awards, losses, damages, expenses, and costs (including reasonable attorneys’ fees, expert and consultant fees, and other expenses of litigation) including, but not limited to, death or injury to persons, or damage to property, which arise out of any violation of federal, state, or municipal law or ordinance, to the extent damages are caused by the Consultant’s negligent services provided under this Agreement, or are in any way caused by the negligent performance of work by the Consultant or Consultant’s officers, agents, employees, or subcontractors. Consultant shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent Cal ifornia Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Consultant to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Consultant under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With the exception that this section shall in no event be construed to require indemnification by Consultant to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, Consultant shall indemnify, defend, and hold harmless City, its Mayor, Council, officials, representatives, and employees from and against claims, losses, expenses, and costs including, but not limited to, reasonable attorneys’ fees, arising out of any claim brought against the City by an employee of Consultant, regardless of whether such claim may be covered by any applicable workers compensation insurance.
Consultant’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Consultant under workers’ compensation acts, disability acts, or other employee benefit acts.
5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in ENTER Exhibit A according to the schedule detailed in ENTER Exhibit C , which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on DECEMBER 31, 2027, unless extended by mutual agreement through the issuance of a Contract Amendment.
a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.
ATTACHMENT B
Professional Services Contract - SIEGFRIED ENGINEERING, INC. - PROJECT NO. UW21016 (Updated 12/31/20)
6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm
.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy ( Exhibit E). The purpose of this policy is to reaffirm the C ity’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract
agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs
ATTACHMENT B
Professional Services Contract - SIEGFRIED ENGINEERING, INC. - PROJECT NO. UW21016 (Updated 12/31/20)
authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor 's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the C ity the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the C ity, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall insure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
ATTACHMENT B
Professional Services Contract - SIEGFRIED ENGINEERING, INC. - PROJECT NO. UW21016 (Updated 12/31/20)
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Con tract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT AMENDMENTS . City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
ATTACHMENT B
Professional Services Contract - SIEGFRIED ENGINEERING, INC. - PROJECT NO. UW21016 (Updated 12/31/20)
11. TERMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.
12. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consul tant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.
The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
a. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.
13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
15. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
ATTACHMENT B
Professional Services Contract - SIEGFRIED ENGINEERING, INC. - PROJECT NO. UW21016 (Updated 12/31/20)
To Consultant: Siegfried Engineering, Inc. To City: Public Works Director 3428 Brookside Road City of Stockton
Stockton, CA 95219 22 E. Weber Ave., Rm. 301
Stockton, CA 95202
16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.
Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contrac t. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIVER. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
21. GOVERNING LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San
ATTACHMENT B
Professional Services Contract - SIEGFRIED ENGINEERING, INC. - PROJECT NO. UW21016 (Updated 12/31/20)
Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.
23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.
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ATTACHMENT B
Professional Services Contract - SIEGFRIED ENGINEERING, INC. - PROJECT NO. UW21016 (Updated 12/31/20)
26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
I
N WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
C
ITY OF STOCKTON SIEGFRIED ENGINEERING, INC.
By: By:
HA RRY BLACK Signature
CITY MANAGER
ATTEST:
P rint Name
BY:
EL IZA R. GARZA, CMC Title:
CI TY CLERK
APPR
OVED AS TO FORM:
BY:
DEPUTY CITY ATTORNEY
Professional Services Contract - SIEGFRIED ENGINEERING, INC. - PROJECT NO. UW21016 (Updated 12/31/20)
Vice President
Adam Merrill
ATTACHMENT B
Scope of Services
Task 1.1 Background Research
Siegfried will research and review existing topographic mapping, right-of-way maps, “as-built” plans, record maps, surveys, assessor maps, improvement plans, and other characteristics for the project.
Siegfried shall conduct field reconnaissance of the project limits. Siegfried shall also conduct field surveys that include collecting topographic information and locating/referencing any survey monumentation to be compromised by the project, depicted in the exhibits attached. Siegfried shall pothole existing utilities to verify their locations/elevations. The plans shall illustrate existing structures, as well as rim and invert elevations for all underground and above ground utilities. Siegfried will utilize utility locating services and potholing for 24 locations which will be identified during design and reviewed with the City PM. These will be incorporated to assist in the best route and method for replacement of the existing sewer line.
Siegfried shall identify required permits, prepare all permit applications, and assist the City with negotiations relative to permit conditions, if required. Permit fees will be paid by the City.
Siegfried shall review City maintenance records, CCTV inspection reports and videos, if available, in consideration for the pipe rehabilitation alternatives.
CCTV inspection reports and videos will be made available to Siegfried upon request and a means to transfer these files shall be provided by Siegfried.
Siegfried will prepare all public notices required to access private property during field reconnaissance and prepare a right of entry letter and have the property owner sign it to access private properties during construction.
Siegfried will need to identify impacts to all residences and businesses and present mitigation measures on the design improvement plans. This includes but is not limited to service interruptions, property encroachments, access restrictions, potential damage to properties, etc. Siegfried will provide copies of all correspondence, public notices, and right of entry letters for City files.
Task 2.1 Environmental Services
Siegfried shall determine environmental requirements that apply to this project. Siegfried will be responsible for preparing and submitting all environmental documents required to complete the project. The City of Stockton will be responsible for paying all fees associated with environmental permitting.
Task 3.1 Utility Coordination
Siegfried will be responsible for performing utility investigations and coordination with utility owners throughout the project development process. Siegfried will be present at all necessary meetings with each utility owner. Siegfried will be responsible for, but not limited to, the following:
• Prepare a project limits map and request utility information from each utility owner within the area of work.
ATTACHMENT B
EXHIBIT A
• Prepare Utility Letter “A” during preliminary design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Information on existing utilities obtained as a result of the “A” letter will be transferred to base maps in both plan and profile view. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.
• Prepare Utility Letter “B” during 65% design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Two sets of half-sized 50% plans will be provided to each utility owner as an attachment to the letter. The letter will request that utility owners verify any utility conflicts with proposed improvements and indicate whether any future utilities are proposed in the area that may require accommodation through the improved area. Information on existing utilities obtained as a result of the “B” letter will be used to determine potential utility conflicts and to resolve the conflicts identified.
A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.
• Prepare Utility Letter “C” during 100% design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Two sets of half-sized 100% plans will be provided to each utility owner as an attachment to the letter. The letter will indicate to the utility owners whether any changes have been made to the project plans since the Utility Letter “B” and will request written confirmation of utility relocations and utility relocation schedule. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.
• Siegfried will meet with utility companies as needed to ensure that conflicts are identified, and relocations performed if necessary.
• A potholing for utilities task shall be included
Task 4.1 Design Report
Siegfried will provide a preliminary design report (report) to propose the direction of design before starting the PS&E design process.
Siegfried will review the existing CCTV inspection reports and videos to locate manholes and determine the locations of laterals. There are no manhole inspection reports. Siegfried must coordinate with City to access each manhole once selected. Existing CCTV inspection reports and videos of the sewer lines will be made available to the selected Siegfried. Note that only information that exists in City files can be provided to Siegfried. There may be limited or missing records of videos within the sewer line segment.
Siegfried will recommend what type(s) of pipe would be suitable for replacing the existing sewer lines. The Report shall also include recommendations on flow bypass, environmental mitigations, identification of service lateral and manhole locations (and any relocations that may be necessary), impacts to customers and residential neighbors, results of research into permitting requirements, and a preliminary cost estimate. These criteria shall be used to make a final recommendation on the design. Costs for all recommended alternatives shall be included in the Report. Costs shall include all engineering, design, construction, permit acquisition,
ATTACHMENT B
EXHIBIT A
environmental mitigation measures (if necessary), etc. to completely carry-out the recommended measure for replacement of the pipe.
Siegfried will provide two (2) hard-copies and one (1) electronic version (PDF) of the Draft Report and incorporate comments upon review by the City. The review comments generated by the City shall be itemized and a written response to each comment shall be prepared in a comment matrix. The comment matrix shall be attached as an appendix of the Final Report.
Siegfried will provide two (2) hard-copies and one (1) electronic version (PDF) of the Final Report.
Task 4.2, 4.3, 4.4 - 50%, 90% and Final Plans, Specifications, and Estimate Siegfried will prepare complete PS&E documents, which include design improvement plans, bypassing plans, specifications, and engineer’s estimate. The traffic control plans, and bypassing plans will be incorporated into the design improvement plan as actual design sheets (technical specifications will be included in the specifications). PS&E documents shall be prepared according to City’s standards and current CA MUTCD, as appropriate.
Prepare a base map showing existing information to facilitate the design of all the necessary improvements using the City’s latest Benchmark information. The base map limits shall be sufficient to cover all necessary improvements.
Siegfried will provide one electronic (PDF) copy to the City Project Manager, one set of specifications (PDF), and one engineer’s estimate (PDF) at the 50% and 90% design phases to the Engineer for review and comment. The City will make all comments on design submittals via Bluebeam software. With each stage Siegfried will review comments, incorporate changes into the following submittal, and create a matrix to track all comments.
Siegfried will provide one electronic copy via Bluebeam (PDF) copy at 100% design stage for final review prior to plotting mylars and providing final specifications and engineer’s estimate.
Siegfried is responsible for the final submittal which incorporates all previous review comments, survey information, technical requirements, right-of-way information, utility verification/protection, minimum contractor qualifications, regulatory agency permits and mitigation monitoring requirements, and any applicable encroachment permit requirements, and City requirements. Siegfried will provide the necessary final PS&E documents in a bid-ready form. The final submittal shall include:
▪ One complete electronic plan set of reproducible 24”x36” as well as on mylars (after editorial review of 100% plan check via Bluebeam) ▪ Electronic, stamped and signed final specifications (in Word and PDF format) ▪ Electronic, stamped and signed final cost estimate (in Excel and PDF format) ▪ Drawing files in AutoCAD and PDF format on a USB drive ▪ Resident Engineer (RE) file on a USB drive
Siegfried will provide all correspondence for City files.
ATTACHMENT B
EXHIBIT A
Quality Control
The PS&E should be subject to quality control reviews before submittal. These reviews will assure conformance to Caltrans and City Standard criteria as well as minimize typographical omissions. Siegfried will provide a signed Quality Control Checklist at the time of each deliverable submittal.
Task 5.1 Meetings
Siegfried will attend a project kickoff, design, and a pre-construction meeting. Siegfried will establish clear and consistent communication with the City to discuss progress of design. Siegfried will attend meetings (or conference call) with the City as needed to discuss and finalize the design, and provide meeting minutes for all meetings. This does not include investigative and/or field meetings that Siegfried will need to conduct to execute the intent of the project.
Task 6.1 Construction Support
Siegfried will be available and respond to questions concerning the plans, specifications and estimates prior to bid opening and prepare contract addenda and letters of clarification, and will provide supplemental project drawings as needed.
Siegfried will provide Engineering Services as required during construction. The following are the minimum required services that will need to be included in the Scope of Services:
1. Attending the pre-construction meeting;
2. Reviewing shop drawing submittals;
3. Responding to requests for information (RFIs);
4. Preparing clarification sketches;
5. Performing field observations during construction period; and
6. Preparing Record Drawings on mylars based upon Contractor field “as-builts”.
Task 7.1 As-built Drawings
Siegfried will prepare “as built” drawings upon receipt of red lines from the contractor. Siegfried should produce one complete set of “as built” drawings in AutoCAD. Changes should be reflected on the mylars either by hand or a new printed sheet.
Task 8.1 Preserving and Perpetuating Survey Monuments
Siegfried will identify, list, tie out survey monuments, and show existing survey monuments on construction plans. Siegfried shall file all pre and post-construction Corner Records or Records of Survey with San Joaquin County and submit a copy to the City. The Corner Records or record of Survey shall show monuments within the area of construction reasonably subject to removal or disturbance not shown on a recent record document. Siegfried shall include language in the PS&E package to preserve all monumentation affected by the work being performed in accordance with Section 8771 of the Professional Land Surveyors Act in the Business and Professionals Code of the State of California.
ATTACHMENT B
EXHIBIT A
Task 9.1 Rights of Entry
Siegfried will assist the City in obtaining rights of entry documentation from property owners where work is required on private property. Siegfried shall send out letters to property owners with a right of entry form (provided by the City) and any exhibits needed to adequately portray the work to be done.
These documents are meant for minor conform work, service interruptions, property encroachments, potential damage to property, etc. that may be required for the project.
ATTACHMENT B
EXHIBIT A
WORK BREAKDOWN CHART FOR
SMALL DIAMETER SEWER REHABILITATION
September 1, 2021
Siegfried
Classification/Subconsultant
Task 1.1 - Background Research
Task 2.1 - CEQA
Task 3.1 - Utility Coordination
Task 4.1 - Design Report
Task 4.2 - 50% PS&E's
Task 4.3 - 90% PS&E's
Task 4.4 - Final PS&E's
Task 5.1 - Meetings
Task 6.1 - Construction Support
Task 7.1 - As Built Plans
Task 8.1 - Preserving and
Perpetuating Survey Monuments
Task 9.1 - Right of Entry
Hourly Rate Validation through DD
Phases
Principal Civil 4 4 4 4 6 8 12 24 8 2 2 78 $234.00 $18,252 Principal Surveyor 8 6 2 16 $234.00 $3,744
Associate 8 24 8 4 44 $183.00 $8,052
Engineer II 22 12 24 40 40 40 12 8 36 234 $159.00 $37,206 Engineer I 16 40 40 40 12 148 $142.00 $21,016
Senior Technician 16 16 8 4 44 $138.00 $6,072
Technician I 80 20 20 20 12 36 188 $90.00 $16,920
Surveyor II 16 16 $157.00 $2,512
Instrumentman 80 8 88 $210.00 $18,480
GPA $5,800 5,800$ $5,800
DCM $2,500 $500 3,000$ $3,000
Potholing - Taylor Backhoe (4 locations
at 6 sites, 24 total locations) $27,000 27,000 $ $27,000 B&B Locating $15,000 15,000 $ $15,000
Total Hours 226 4 24 84 106 108 112 32 40 26 18 76
Category Total $77,026 $6,736 $4,308 $16,124 $15,244 $15,712 $16,648 $7,580 $6,588 $3,552 $3,636 $9,900 $183,054 $77,026 $6,736 $4,308 $16,124 $15,244 $15,712 $16,648 $7,580 $6,588 $3,552 $3,636 $9,900 $183,054Not-To-Exceed Fee
EXHIBIT B
ATTACHMENT B
ID Task Name Duration Start Finish Predecessors
1 Stockton Small Diameter Sewer Rehabilitation Project - UW21016
462 days Mon 3/21/22 Tue 12/26/23
2 City Issues NTP 0 days Mon 3/21/22 Mon 3/21/22
3 Background Research 50 days Mon 3/21/22 Fri 5/27/22
4 Obtain Historical Documents and Review 15 days Mon 3/21/22 Fri 4/8/22 2 5 Research Boundary 15 days Mon 3/21/22 Fri 4/8/22 2
6 Prepare Utility A Letters 5 days Mon 3/21/22 Fri 3/25/22 2 7 Perform Topographic, Boundary Surveys & Accessing
Backyards
35 days Mon 4/11/22 Fri 5/27/22 5
8 Utility Locating 15 days Mon 3/21/22 Fri 4/8/22 2
9 Construction Documents and Estimates 190 days Mon 5/16/22 Fri 2/3/23 10 Review CCTV Data & Potholing 10 days Mon 5/16/22 Fri 5/27/22 7FS-10 days 11 Draft Design Report 20 days Mon 5/30/22 Fri 6/24/22 10 12 City Design Report Review 30 days Mon 5/30/22 Fri 7/8/22 10 13 Design Report Resubmittal 10 days Mon 7/11/22 Fri 7/22/22 12 14 Final Design Report and Approval 10 days Mon 7/25/22 Fri 8/5/22 13 15 50% Submittal 50 days Mon 8/8/22 Fri 10/14/22
16 Prepare for 50% Submittal 20 days Mon 8/8/22 Fri 9/2/22 14 17 Submit Utility B Letters 0 days Fri 9/2/22 Fri 9/2/22 16 18 Agency Plan Check 30 days Mon 9/5/22 Fri 10/14/22 17 19 90% Submittal 45 days Mon 10/17/22 Fri 12/16/22
20 Prepare for 90% Submittal 15 days Mon 10/17/22 Fri 11/4/22 18 21 Submit Utility C Letters if Necessary 0 days Fri 11/4/22 Fri 11/4/22 20 22 Agency Plan Check 30 days Mon 11/7/22 Fri 12/16/22 21 23 100% and Final Submittals 35 days Mon 12/19/22 Fri 2/3/23 24 Prepare for 100% Submittal 15 days Mon 12/19/22 Fri 1/6/23 22 25 Agency Final Review and Approval 20 days Mon 1/9/23 Fri 2/3/23 24 26 CEQA 45 days Mon 8/8/22 Fri 10/7/22
27 Draft and Final CE 45 days Mon 8/8/22 Fri 10/7/22 14 28 File NOD 0 days Fri 10/7/22 Fri 10/7/22 27
29 Advertise and Contract Award 142 days Mon 2/6/23 Tue 8/22/23 30 Final Plan Approvals & Bid Package Prep 20 days Mon 2/6/23 Fri 3/3/23 25 31 Advertise Project to Bidders 27 days Mon 3/6/23 Tue 4/11/23 30 32 Bid Opening 0 days Tue 4/11/23 Tue 4/11/23 31
33 Final Staff Report 15 days Wed 4/12/23 Tue 5/2/23 32 34 City Council Authorization 60 days Wed 5/3/23 Tue 7/25/23 33 35 Pre-Construction Survey 10 days Wed 7/26/23 Tue 8/8/23 34 36 Award Contract 20 days Wed 7/26/23 Tue 8/22/23 34
37 Issue Notice to Proceed 0 days Tue 8/22/23 Tue 8/22/23 36 38 Construction 90 days Wed 8/23/23 Tue 12/26/23 37
Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Qtr 2, 2022 Qtr 3, 2022 Qtr 4, 2022 Qtr 1, 2023 Qtr 2, 2023 Qtr 3, 2023 Qtr 4, 2023 Qtr 1, 2024 Task
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Summary
Rolled Up Task
Rolled Up Critical Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks
Project Summary
Group By Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
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PROJECT SCHEDULE
CIT
Y OF STOCKTON SMALL DIAMETER SEWER REHABILITATION
CITY OF STOCKTON, CALIFORNIA
Mon 11/8/21
Project: Small Diameter
Sew
er Rehabilitation
Date: Mon 11/8/21
ATTACHMENT B
EXHIBIT C
The City of Stockton is now using www.PINSAdvantage.com to track Insurance Certificates and all related documents.
The PINS system starts with The City of Stockton. A Stockton User logs into PINS and emails a request for proof of insurance to the Vendor/Contractor. The Vendor/Contractor forwards the request email to their Insurance Agent(s). The Insurance Agent(s) logs into www.PINSAdvantage.com and completes the insurance certificate online.
www.pinsadvantage.com
+ 1 626 844 1838
WHAT IS THE PROCESS?
Note: Vendors will receive the insurance request email from: [email protected] Thank you for your compliance!
01 02
03 04
The Vendor/
Contractor forwards
the email to their
insurance agent(s).
PINS notifies
The City of Stockton
that documents have
been submitted and
automatically checks
for compliance.
Agent(s) log into
PINSAdvantage.com
and complete
the insurance
certificate online
A Stockton User
logs into PINS and
emails a request for
insurance to the
Vendor/Contractor
ATTACHMENT B
EXHIBIT D
NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s).
Exhibit 2:
Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Contractor provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No
ATTACHMENT B
EXHIBIT D
representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City of Stockton.
ATTACHMENT B
EXHIBIT D
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Self -Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (note – applicable only to professional liability)
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work .
3. If coverage is canceled or non-renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
ATTACHMENT B
EXHIBIT D
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: “S ubcontractors hired by
Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request.” Contractor shall provide proof of such compliance and verification to the City upon request.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton Attn: City Risk Services
400 E Main Street, 3
rd Floor – HR
Stockton, CA 95202
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