Professional Services Contract – ADVANCED MOBILITY GROUP– PROJECT NO. WT22048/FEDERAL PROJECT NO. HSIPSL-5008(196)
(Updated 02/28/18)
PROFESSI
ONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2022, between the CITY OF STOCKTON, a municipal corporation (“City”), and ADVANCED MOBILITY GROUP whose address is 3003 OAK ROAD, SUITE 100, WALNUT CREEK, CA 94597 (“Consultant”) for the SOUTH STOCKTON PEDESTRIA N HAWK IMPROVEMENTS, (PROJECT NO. WT22048/FEDERAL PROJECT NO. HSIPSL-5008(196)) , hereinafter referred to as "Project".
RECITALS
A. Consultant 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. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NOW THEREFORE , in consideration of the mu tual 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 refer ence. 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 $543,754.57 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 expens e the insurance coverage as set forth in the attached Exhibit C and shall otherwise comply with the other provisions of Exhibit C.
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
ATTACHMENT B
Professional Services Contract – ADVANCED MOBILITY GROUP– PROJECT NO. WT22048/FEDERAL PROJECT NO. HSIPSL-5008(196)
(Updated 02/28/18)
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, 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 California 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 Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on November 30, 2025, 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
ATTACHMENT B
Professional Services Contract – ADVANCED MOBILITY GROUP– PROJECT NO. WT22048/FEDERAL PROJECT NO. HSIPSL-5008(196)
(Updated 02/28/18)
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.
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 D). The purpose of this policy is to reaffirm the City’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
ATTACHMENT B
Professional Services Contract – ADVANCED MOBILITY GROUP– PROJECT NO. WT22048/FEDERAL PROJECT NO. HSIPSL-5008(196)
(Updated 02/28/18)
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 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 City 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 City, 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
ATTACHMENT B
Professional Services Contract – ADVANCED MOBILITY GROUP– PROJECT NO. WT22048/FEDERAL PROJECT NO. HSIPSL-5008(196)
(Updated 02/28/18)
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.
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 Contract 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.
ATTACHMENT B
Professional Services Contract – ADVANCED MOBILITY GROUP– PROJECT NO. WT22048/FEDERAL PROJECT NO. HSIPSL-5008(196)
(Updated 02/28/18)
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 ch ange made, adjustment of contract time, if any, and the basis of compensation for su ch work. A Contract Amendment will not become effective until approved by the authorized City official.
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 Consultant 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,
ATTACHMENT B
Professional Services Contract – ADVANCED MOBILITY GROUP– PROJECT NO. WT22048/FEDERAL PROJECT NO. HSIPSL-5008(196)
(Updated 02/28/18)
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:
To Consultant: Advanced Mobility Group To City: Public Works Director 3003 Oak Road, City of Stockton
Suite 100 22 E. Weber Ave., Rm. 301
Walnut Creek, CA 94597 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 Contract. 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.
ATTACHMENT B
Professional Services Contract – ADVANCED MOBILITY GROUP– PROJECT NO. WT22048/FEDERAL PROJECT NO. HSIPSL-5008(196)
(Updated 02/28/18)
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 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. //
//
//
//
//
//
//
//
//
//
//
ATTACHMENT B
ATTACHMENT B
SCOPE OF WORK
TASK 1: BACKGROUND RESEARCH
Task 1.1 Field Review
To initiate the design work, the AMG team will research and verify the public records of subdivision, parcel, corner records, and survey maps to determine the street right- of-way. The AMG team will obtain record copies from utility service districts and companies to locate existing electrical, gas, telephone, fiber optic, and cable television services. Utilities for sanitary and storm sewers, water mains, and fire hydrants will be researched, and “A” letters will be prepared, as necessary.
Research will be facilitated by meeting with the utility companies, public agencies, and service distric ts and will be verified by field investigations in the following phase of work to identify the characteristics and infrastructure needs of the Project area. We will coordinate with all utilities in accordance with Caltrans “Manual on High and Low Risk Underground Facility Within Highway Rights of Way” to eliminate conflicts encountered during construction.
Task 1.2 Topographic Survey
The AMG team will conduct a topographic survey of the project area including face or curb and pavement markings up to 400 feet in each direction. The survey will locate existing monuments and identify them for preservation.
The AMG team will verify the location of all underground and overhead utilities as well as physical ground features. Topographic survey data and mapping shall include but is not limited to the following:
► Vertical and horizontal control tied to the City of Stockton Horizontal and Vertical System ► All existing topography, within the designated intersections, including all existing utility facilities that are visible or that are available from utility companies, and record drawings ► Location and flow lines of pertinent underground
► Striping, curbs, pavement edges, existing signage and signals, trees, topographic features, fences, and joint poles.
EXHIBIT A
ATTACHMENT B
► If the right of way dedications are required for any stage of th e Project work, AMG shall rely on the City to provide the required title reports. However, right of way dedication is not anticipated as part of this project.
The AMG team will complete the topographic survey and AutoCAD base for the design of the project improvements.
Deliverable: AutoCAD base file and point files
TASK 2: ENVIRONMENTAL SERVICES
Task 2.1: Project Management and QA/QC
The AMG team will participate in a project kick-off meeting which will serve as an opportunity to discuss expectations, responsibilities, and communication procedures. AMG team Lead will attend meetings by phone to discuss progress of the environmental process, including project tasks and timing .
Deliverables: Participation in a project kick-off meeting (via teleconference) and attendance in PDTs (via teleconference).
Task 2.2: Notice of Exemption/Categorical Exemption
Based on information currently available, it is assumed that the project would qualify for a Categorical Exemption (CE) under Section 15301 of the CEQA Guidelines (Class 1). Class 1 Existing Facilities includes an exemption for projects characterized as the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public and private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
The team will prepare a CEQA Categorical Exemption Determination Memo for CEQA compliance in accordance with the CEQA Guidelines. The city will be provided with a Draft Determination Memo for review and comment; the team will address any comments from the city to prepare the Final Determination Memo. Once the Determination Memo is finalized, City’s Planning Department staff will prepare and Notice of Exemption (NOE) and file the NOE with the County Clerk’s Office and pay the filing fee.
Deliverables: One (1) electronic copy of the Draft and Final Determination Memo
TASK 3: UTILITY COORDINATION
Task 3.1: Prepare Project Limits Maps
The AMG team shall prepare documents required to send to utility owners and will be present at all necessary meeting with each utility owner. AMG will prepare a project limits map and request utility information from each utility owner within the area of work. The project limit map will be created once the concept plan has been reviewed by the city and all work expected to be part of this project has been identified.
Task 3.2: Utility Letters A, B, and C
The AMG team will be responsible to prepare and send out the utility letters to all utility companies. The tasks involved will be as follows:
► 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 65% 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 o n existing utilities obtained as a result of the “B” letter will be used to determine potential utility conflicts and to resolve the conflicts
EXHIBIT A
ATTACHMENT B
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. ► Meet with utility companies as needed to identify those conflicts are identified, and relocations performed if necessary.
Task 3.3: Potholing
Bess Test Lab will perform potholing at 20 locations (assumed) as part of the project. Potholing would confirm utilities and underground obstructions near or crossing the planned location for poles and boring paths. Bes t Test Lab will make small exploratory hole at the specified location to ensure that there is no conflict with existing subsurface utilities or any other feature that will interfere with the project. Bess Test Lab has included will also prepare and provide traffic control plan as needed to conduct the potholing at the 20 locations.
TASK 4: PLANS SPECIFICATIONS AND ESTIMATES
The AMG team will 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. The survey information will be used to develop the base map that shows the existing curbs and gutters, roadway striping, and the locations of the existing electrical power source. The Base plan would be utilized to prepare the concept design plans for the study l ocations. The concept plans would include the location of the crossing, design features for the location, identify all the improvements that would be needed for each location, including detection, advanced beacons, ADA ramps, and drainage adjustments. The concept plan will be built with all the design parameters and ideas that were discussed with City Staff during the kickoff meeting. AMG staff will meet with City staff to go through the details of the design for each location and identify the adequate design features for all location.
AMG will prepare a curb ramp memo based on the City’s spreadsheet format to document the curb ramp requirements for each location. AMG will receive a sample spreadsheet from the City, which will be used to prepare the curb ramp memo for this project.
Based on feedback from City staff, AMG will prepare a concept design, which would serve as the base design concept for the crosswalks and the HAWK signals.
Deliverables: Preliminary design, an outline of crosswalk locations and HAWK configuration, initial cost estimates , and draft and final curb ramp memo.
Task 4.1 65% Design
Before initiating the 65% PS&E, AMG will submit a memo to the City that summarizes the findings of our initial field review and comments from the Concept Design. This will include a detailed description of all work to be included in the PS&E. AMG will then finalize the 65% PS&E based on input from City staff.
Civil Improvement Plans
In accordance with the Caltrans/City standards and on City standard plan and profile sheets, the AMG Team will prepare the civil improvement plans, special provisions, and cost estimates for the ADA accessible ramps at the ends of the crosswalks and conform with the sidewalk. The plans will address the design of the following for each location:
► Street hardscape and repair immediately adjacent to the ADA ramps ► Underground wet utilities (if necessary)
► ADA ramp design and adjustment of slopes to connect to existing sidewalk
EXHIBIT A
ATTACHMENT B
► The improvement plans will be drawn at 1:10 or 20-scale, 24x36 plan sheets, and prepared according to the City’s standards. The plans will contain the following sheets:
o Grading Details
o Typical Street Cross Sections as required by the reviewing agency o All details necessary to clarify the plan’s intent
HAWK Design Plans
The design of the pedestrian actuated hybrid beacon signal design plans will be produced in AutoCAD format.
AMG will field verify all the information on the as-built drawings provided by the City. AMG will visit the project sites for additional field review, including verification of existing electrical conduits, electrical pull boxes, fiber on adjacent intersections, and the existing layout of signing, pavement markings, and surface utilities. We will make field observations, investigations, and review safety issues of existing conditions.
AMG will use the base map to prepare the 65% design level plans showing the l ayout of the HAWK signal equipment, including locations of the new signal controller/cabinet, poles, pedestrian countdown signals, traffic marking, striping, signage design, intersection safety lighting, fiber conduit, etc.
Designs will be in accordance with Caltrans design standards, California MUTCD guidelines, and the City of Stockton’s current design standards
The HAWK signal plan sheets will be drawn to the scale of 1” =20” showing the signal treatments and signal equipment locations.
Opinion of probable construction cost (estimate) will be prepared at the 65% design submittal. The estimate will be based on the latest pricing data available from Caltrans based on recent similar bids.
Deliverables: 65% plans, specifications, and estimates
Task 4.2 95% Design
After the City reviews the 65% design documents, including the civil improvements and HPB/HAWK designs, AMG will set up a review meeting with City staff. At this meeting, we will go through the comments together and resolve approaching forward with the design. AMG will prepare a resolution matrix based on the 65% design review meeting.
Once the resolution matrix is accepted, AMG will proceed and make revisions based on the 65% plans and start preparing the 95% plans.
AMG will prepare 95% construction drawings, contract specifications, and a detailed opinion of probable construction cost estimate incorporating all comments from City staff.
The 95% design package will be submitted to the City for their review and approval.
Deliverables: 95% plans, specifications, and estimates.
Task 4.3 Final Design (100%)
After the City’s review of the 95% design documents, AMG will set up a review meeting with City staff. At this meeting, we will go through the comments together and reach a resolution on moving forward with the design.
AMG will prepare a resolution matrix based on the 95% design review meeting and submit it to the City for their approval. Once the resolution matrix is accepted, AMG will proceed and make revisions based on the 95% plans and start preparing the final plans (100%).
AMG will prepare final construction drawings, contract specifications, and a detailed opinion of probable construction cost estimate incorporating all comments from City staff. AMG will prepare and submit the final construction drawings, contract specifications, and a detailed opinion on the probable construction cost estimate and submit for City staff review.
The AMG team will provide one electronic copy via Bluebeam (pdf format) copy at 100% design stage for final review prior to plotting mylars and providing final specifications and engineer’s estimate. If City has minor
EXHIBIT A
ATTACHMENT B
editorial comments, AMG will update the plans to reflect those changes as the Final Plans for the project. The Final Plans will be signed by the project manager, a licensed professional engineer in the state of California. The final plans will be provided to the City in electronic format along with the mylars.
Task 4.4 Quality Assurance/Quality Control
Quality control will play a major role in the successful completion of the project, wit h tasks delivered on time and on budget. AMG will implement and maintain quality control procedures to manage conflicts, ensure product accuracy, and identify critical reviews and milestones. Deliverables will be reviewed through a well- established and formalized process that AMG documents through a quality assurance plan and record keeping. Each deliverable is independently reviewed and documented by appropriate qualified individuals and/or teams. All deliverables will be subject to quality control reviews before submittal. The AMG team will provide a signed Quality Control Checklist at the time of each deliverable submittal These reviews will assure conformance to Caltrans and City Standard criteria as well as minimize typographical omissions . A log of all QA/QC measures taken during the project, including any corrective actions taken, will be maintained by the Project Manager.
TASK 5: PUBLIC OUTREACH
One of the major components of any HAWK implementation is to identify the target audiences and performing community outreach to inform them about the project, recommendations proposed, and gain insight about the issues experienced by the community. AMG will work with the City to develop an outreach plan , schedule workshops (if needed) and meetings, and provide meeting materials for the outreach efforts. AMG will prepare collateral pieces (flyers, post card for City use in noticing) and prepare city flyers, or mailing as needed for the meetings.
AMG will prepare meeting agendas, exhibits, and meeting packets. AMG will facilitate community/stakeholder meetings with the City and attend City Council meetings as directed by the city. AMG will also provide graphic materials and images to facilitate input and discussion. AMG will coordinate with the City and stakeholders to distribute notices and facilitate meetings to maximize public engagement.
In addition to all outreach efforts, AMG suggests launching an educational outreach campaign in coordination with the installation of the new HAWK signals in the City of Stockton. AMG staff has been involved in preparing educational and outreach materials for HAWK since its inception in Tucson, Arizona. AMG has materials ready that can be customized for the City, which the City can either post on websites or use for public outreach presentations at City council meetings and other outreach efforts. AMG will be able to present the benefits of a HAWK and how HAWK operates.
AMG will support the city in preparing an educational video that demonstrates how a HAWK signal works and what drivers and pedestrians should do when the signal is blank, red, and flashing red. The video will have narratives explaining the expected behaviors of the pedestrians and drivers going through a HAWK signal.
Deliverables: Outreach plan, participation, and presentation at public outreach meetings , HAWK video TASK 6: COORDINATION MEETINGS
Upon the City’s authorization to proceed, the AMG team will prepare an agenda for a project initiation or kick -off meeting with City staff. The primary objective of this meeting will be to review the field evaluation that has been completed as part of this proposal preparation, to establish the work plan for field review, to solidify the lines of communication, and to review the scope in detail. The purpose of the meeting will be to finalize the scope of work and schedule and to discuss any issues that need to be clarified before the start of work.
The preliminary meeting agenda will include:
► Introductions/Goals of the Meeting;
► Contact information and protocol for communicating project information; ► Review of initial fieldwork and evaluation;
► Review of the Scope of Work (determination of needed modifications);
EXHIBIT A
ATTACHMENT B
► Develop Work Plan for Field Surveys;
► Schedule/Required time for City reviews;
► Identify other issues, including discussion on the need for public outreach meetings and optional additional services; and
► Milestones and invoicing information
After the meeting, AMG will prepare minutes and distribute them to all meeting participants. AMG will also prepare and e-mail a project contact list based upon the sign-in sheet at the meeting and collected business cards.
AMG will develop a detailed work program refining the scope of work, work tasks, products, and work schedule.
The draft detailed work program will be reviewed with staff and refined in response to comments received.
In addition to the kick-off meeting, the AMG team will set up bi-weekly meetings to discuss the progress of the project. AMG’s assigned project manager will attend all the progress meetings and he will bring in other team members as needed for the bi-weekly meetings. It is anticipated that multiple coordination meetings with City staff will be needed to finalize the design of the 8 HAWK signals for the City.
TASK 7: DESIGN SUPPORT DURING CONSTRUCTION
Task 7.1 and 7.2 Design support preconstruction and during construction AMG will answer bidders’ questions and provide clarifications to the bid documents during the bidding p rocess.
Specifically, we will assist the City as follows:
• Answer contractor bid questions and requests for information/clarification (RFI) of the design and/or construction documents,
• Attend the pre-construction meeting,
• Answer contractor’s RFIs. AMG will provide clarifications and respond to contractor’s questions during the construction phase, as needed. We will review and respond to contractor’s RFIs during construction within two working days,
• Assist the City inspector with specific design issues during construction, • Assist the City staff with change orders during construction, and • When requested by City staff, AMG will attend meetings to answer design questions and clarify design elements.
Task 7.3 Traffic Signal Synchronization/Coordination (HAWK TIMING PLAN) AMG will prepare the timing plans for the HAWK signals. AMG will calculate the pedestrian clearance time required for the proposed crossings. Based on the pedestrian clearance time, AMG will prepare the timing sheet for the HAWK signals. AMG will make sure that the crossings are not activated too often to disrupt traffic flow on the corridors but optimize the delay for the pedestrians crossing the streets and keep it synchronized with the nearest upstream and downstream traffic signals. AMG will implement that timing plans in the field with assistance from City staff. AMG will observe the HAWK operations in the field and fine -tuning the timing plans as needed to optimize the performance.
Deliverables: HAWK Timing Sheet for the intersection controller and implement the timing plans TASK 8: AS-BUILT DRAWINGS
The AMG team shall prepare as built drawings upon receipt of red lines from the contractor. The team shall produce one complete set of as built drawings in Auto Cad. Changes shall be reflected on the mylars either by hand or a new printed sheet.
TASK 9: PRESERVING AND PERPETUATING SURVEY MONUMENTS
AMG shall identify, list, and show existing survey monuments on construction plans. The team shall sign a monument certification form, certifying that all existing monuments surveyed are shown on the plans. The team shall include language in the PS&E package to preserve all monumentation affected by the work being performed
EXHIBIT A
ATTACHMENT B
in accordance with Section 8771 of the Professional Land Surveyors Act in the Business and Professionals Code of the State of California.
TASK 10: RIGHTS OF ENTRY
AMG shall assist the City in obtaining rights of entry documentation from property owners where work is required on their property. The AMG team shall send out letters to property owners with a right of entry form (provided by the City) and any exhibits needed to portray the work to be done. These documents are meant for minor conform work that is needed to conform the adjacent properties to the final project.
OPTIONAL TASKS - SCOPE OF WORK
Task X.1: Environmental Initiation and Assessments
Following receipt of a written Notice to Proceed (NTP), the AMG team will work closely with the City to prepare an information request and obtain information necessary to ensure that all pertinent information about the existing site is considered. The project team will work closely to define a complete and detailed project description and delineate a project study area that will meet the needs of the technical analysis. The project description will identify the project purpose and need, project objectives, project components, project location, and timing of the project. It will be submitted to the City for review and approval prior to initiating any environmental analysis and will be appropriate for use in all technical studies and environmental documentation and will include maps of the regional area and project area.
Deliverables: One (1) electronic copy of the Draft and Final PD.
Task X.2: Biological Resources Assessment
Background Research and Study Area Delineation
The AMG team will review available data on biological resources recorded within and near the project area, including all special-status plant and wildlife species with the potential to be in the project area. This review will include conducting searches in databases such as the California Natural Diversity Database (CNDDB), the National Wetlands Inventory (NWI), and California Native Plant Society database. Additionally, a list of special- status species with the potential to be in the project area will be requested from the United States Fish and Wildlife Service (USFWS). Studies completed within and/or near the project area will also be referenced, including applicable planning documents. THE AMG TEAM will utilize the background data and project design plans to delineate the Biological Study Area (BSA), which will be used as the boundary for field surveys and project analysis. After the data has been reviewed, a BSA map will be created and used for the biological analysis.
Biological Field Reconnaissance
The AMG team will systematically survey the BSA for plant and wildlife species, their signs, and/or potential habitat. The AMG team will inventory all botanical and wildlife resources observed in the BSA and will identify and record all existing vegetation communities in this area in accordance with the California Department of Fish and Wildlife (CDFW) Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural Communities. Four days of surveys (surveys at two locations per day) con ducted by two biologists are anticipated. Botanical surveys will be conducted during the blooming period for special- status plants with potential to be in the project area, if feasible. Special attention will be given to tree and vegetation species that would be impacted (e.g. trimmed or removed) during construction. Other sensitive biological resources that will be assessed during the reconnaissance include the potential presence of wildlife movement corridors, habitat linkages, and the presence of potentially jurisdictional wetlands, waters of the U.S. and waters of the state.
As part of the development of this scope of work, The AMG team completed a preliminary CNDDB search for protected and special-status species recorded within the vicinity of the project area (Stockton West 7.5 Minute Quadrangle (Quad) and immediate surrounding quads). Based on geographical distribution and known
EXHIBIT A
ATTACHMENT B
occurrences, there is potential for the following SJMSCP covered species to be within the project area: tricolored blackbird (Agelaius tricolor), California tiger salamander (Ambystoma californiense pop.1), alkali milk -vetch (Astragalus tener var. tener), burrowing owl (Athene cunicularia), heartscale (Atriplex cordulata), big tarplant (Blepharizonia plumosa), Swainson’s hawk (Buteo swainsonii), palmate - bracted bird’s-beak (Chloropyron palmatum), white-tailed kite (Elanus leucurus), steelhead - Central Valley Distinct Population Segment (Oncorhynchus mykiss irideus pop. 11), Sanford’s arrowhead (Sagittari sanfordii), western spa defoot (Spea hammondii), giant gartersnake (Thamnophis gigas), and least Bell’s vireo (Vireo bellii pusillus). However, based on the urban, developed, and disturbed nature of the project area, the potential for SJMSCP covered species to be within the project area is expected to be low. The reconnaissance survey will determine the vegetation types in the project area and determine if there is potential for SJMSCP covered species to be in the project area.
Biological Resources Assessment Documentation
The AMG team will summarize the results of the research and surveys in a Biological Resources Assessment (BRA) report. The BRA will include a discussion of the existing biological resources in the BSA, potential project impacts on these resources, and proposed measures to avoid, minimize, and or mitigate these impacts. The BRA will provide conclusions regarding project impacts on federally and/or state threatened or endangered species and will outline any future protected species consultations that may be require d with resource agencies to obtain project approvals and environmental permits. The AMG team will also conduct vegetation mapping in accordance with the National Vegetation Classification and A Manual of California Vegetation. Vegetation communities will b e mapped to the association level, where appropriate. The AMG team will digitize vegetation communities and special-status resources, including plants and wildlife observed on site, into a Geographical Information System (GIS) format. The AMG team will submit the draft report and will coordinate with the City for review and approval of the report.
Deliverables: One electronic copy of the Draft and Final BRA Report.
Task X.3: Phase I Initial Site Assessment
Due to the historic use of the project area as a roadway, hazardous materials may be located within the project site. The AMG team will prepare a Phase I Initial Site Assessment (ISA) for the purpose of identifying evidence of existing hazardous materials conditions that might affect the project. The limits of the project are assumed to be the limits of the right of way (ROW) within the project alignment. However, for the purposes of this proposal, we anticipate minor ROW acquisition may be required.
Records Review
In order to complete the ISA, Crawford will first perform a records review of selected federal, state, local, and tribal environmental agency databases for information pertaining to the sites and properties within a minimum search distance of not less than one-quarter mile from each project intersection. This data will be obtained from a vendor specializing in retrieval of environmental information. Chain of title research and/or review is not included in this scope of work.
Site Reconnaissance
Once the database searches have been completed, Crawford will conduct a limited site reconnaissance consisting of drive-by observation (windshield survey) of each project site, supplemented by local walking to traverse at locations where drive-by observation indicates evidence of hazardous materials that could affect the project.
Reconnaissance of the site will be performed to identify current uses and evidence of past uses of each project intersection and adjacent properties; and identify potential areas of concern such as above or below ground fuel storage tanks, vehicle maintenance areas, past oil and gas operations, dump sites, discolored soils or stressed vegetation, discharges, odors, transformers, wells, standing water, hazardous substance containers or unidentified containers, etc.
Interviews
If warranted by the records search or site reconnaissance, reasonable attempts will be made to interview persons identified as knowledgeable about potentially contaminated locations on or adjacent to the project intersection
EXHIBIT A
ATTACHMENT B
Fee Schedule
Professional Services for the South Stockton Pedestrian Hawk Improvements
Joy Bhattacharya, PE, PTOE
Project Manager
Vasavi Pannala, PE
Senior Operations Engineer
Chris Higbee, PE
Project Engineer
Stephen Au
Senior Project Engineer
Shruti Shrivastava
Signal Timing Lead
Ryan Sabiniano
Design Technician
Laurie Talbert
Outreach
Administrator
Siegfried
GPA Consulting
Hourly Rates 311.10$ 211.88 $ 150.10$ 157.45$ 148.68$ 92.73$ 158.86$ 95.69$ Survey + Civil Environmental Task 1 - Background Research
1.1 Field Review 16 40 40 96 14,690.80
1.2 Survey and Base Plans 2 4 12 4 16 45,500$ 38 50,884.40 Task 2 - Environmental Services
2.1 Project Management and Quality Assurance 48 2 1,400.42 $ 14 4,531.24
2.2 Notice of Exemption / Categorical Exemption 48 2 5,127.48 $ 14 8,258.30 Task 3 - Utility Coordination
3.1 Prepare Project Limits Maps 2288 32 52 6,473.72
3.2 Utility Letters A, B, and C 28 32 4,000 $ 42 9,379.32
3.3 Potholing 24 8 10,000$ 14 12,729.32
Task 4 - Plans, Specifications, and Estimate (PS&E)
4.1 65% Design 16 4 240 24 240 2 25,000$ 600$ 526 93,675.20
4.2 95% Design 8 4 120 24 160 2 17,000$ 600$ 318 57,755.30
4.3 100% Design 4 4 80 24 80 2 10,000$ 194 35,488.50
4.4 Quality Control 84 0 40 2,000$ 88 19,262.00 Task 5 - Public Outreach
5.1 Public Outreach Plan 16 16 16 80 26 3,500$ 1,000 $ 154 28,559.62 Task 6 - Coordination/Meetings
6.1 Kick-off Meeting
44 1,000$ 8 3,091.92
6.2 Coordination/Meetings 16 8 16 3,000$ 40 12,074.24 Task 7 - Design Support During Construction
7.1 Services Prior to Construction 41 6 1 6 2 1,000$ 38 8,227.46
7.2 Services During Construction 4 40 16 2 8,000$ 62 16,923.46
7.3 Traffic Signal Synchronization/Coordination 2 120 2 124 18,655.18 Task 8 - As-built Drawings
8.1 Final As-built Drawings
4 4 16 4 16 3,000$ 44 9,607.00
Task 9 - Preserving and Perpetuating Survey Monuments
9.1 Survey Monument Preservation Form
24 4,500$ 6 5,722.60
Task 10 - Rights of Entry
10.1 Rights of Entry Letters
24 1,000$ 6 2,222.60
Total Hours By Team Member 122 118 612 136 120 616 80 74 1,878 Percentage By Team Member 14% 9% 34% 8% 7% 3%
Total Cost By Team Member 37,954.30$ 25,001.84 $ 91,861.30 $ 21,413.30 $ 17,841.70 $ 57,121.78 $ 12,708.90 $ 7,081.16 $ 128,500 $ 6,527.90 12,200 $ 418,212.18 Professional Services for the South Stockton Pedestrian Hawk Improvements Totals Hours By Task
(AMG only)
Total Cost By Task
Advanced Mobility Group
Other Direct Cost (AMG)
EXHIBIT B
ATTACHMENT B
OPTIONAL TASKS BUDGET
Joy Bhattacharya, PE, PTOE
Project Manager
Vasavi Pannala, PE
Senior Operations Engineer
Chris Higbee, PE
Project Engineer
Stephen Au
Senior Project Engineer
Shruti Shrivastava
Signal Timing Lead
Ryan Sabiniano
Design Technician
Laurie Talbert
Outreach
Administrator
Siegfried
GPA Consulting
Hourly Rates 311.10$ 211.88 $ 150.10$ 157.45$ 148.68$ 92.73$ 158.86$ 95.69$ Survey + Civil Environmental X.1 Project Management and Quality Assurance 7,412.67$ 0 7,412.67 X.2 Project Initiation 48 2 5,558.85 $ 14 8,689.67 X.3 Biological Resources Assessment 48 2 51,559.56 $ 14 54,690.38 X.4 Phase 1 Initial Site Assessment 48 2 16,854.44 $ 14 19,985.26 X.5 Cultural Resources Technical Memo 48 2 7,880.00 $ 14 11,010.82 X.6 Biological Oversight Services 48 2 20,622.40 $ 14 23,753.22 Total Hours By Team Member 20 4 0 00000 1 0 70
Total Cost By Team Member 6,222.00$ 8,475.20 $ - $ - $ - $ - $ - $ 956.90$ - $ 109,887.92 - $ 125,542.39 Professional Services for the South Stockton Pedestrian Hawk Improvements Advanced Mobility Group
Other Direct Cost (AMG)
Totals Hours By Task
(AMG only)
Total Cost By Task
EXHIBIT B
ATTACHMENT B
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
EXHIBIT C
ATTACHMENT B
REV 2017_09_01
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). Please see attached flyer regarding PINS Advantage.
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
EXHIBIT C
ATTACHMENT B
REV 2017_09_01
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.
Waiver of Subrogation
EXHIBIT C
ATTACHMENT B
REV 2017_09_01
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.
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
EXHIBIT C
ATTACHMENT B
REV 2017_09_01
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: Subcontractors 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, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT C
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B