Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT22046/ FEDERAL PROJECT NO. HSIPSL-5008(195)
(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 SIEGFRIED ENGINEERING, INC. whose address is 3428 BROOKSIDE ROAD, STOCKTON, CA 95219 (“Consultant”) for the HSIP 10 - LEFT-TURN POCKETS (PROJECT NO. WT22046/ FEDERAL PROJECT NO. HSIPSL-5008(195)), 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 $141,700.00 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 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
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT22046/ FEDERAL PROJECT NO. HSIPSL-5008(195)
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indemnify, and hold harmless City, its Mayor, Council, officials, and employees from and against any and all claims and causes of acti on 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 pr operty, which arise out of any violation of federal, state, or municipal law or ordinanc e, 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 s hall 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 Califo rnia law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity ob ligations 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 ex tent than permitted under the public policy of the State of California, and in addition to the other indem nity 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 applicab le 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 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 October 30, 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 limitat ion. City shall have no obligation or liability to pay any invoice for work performed whic h Consultant fails or neglects to
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT22046/ FEDERAL PROJECT NO. HSIPSL-5008(195)
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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 employme nt of persons or in the prov ision 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 o f, or be subjected to discrimination under any pr ogram 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 Discr imination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the Cit y’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, investigat ing, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor C ode 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
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT22046/ FEDERAL PROJECT NO. HSIPSL-5008(195)
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Director of Department of Industrial Relations of the State of California has determined the general prevailing rate s 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 pur poses 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 determi nation for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to insure that the prevai ling 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 det ermination. 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 co st 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 Califo rnia. To forfeit as a penalty to City the sum of TWENTY-FIVE A ND 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 mo re 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 St ate 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 prim e and each subcontractor will, in accordance with Section 1776 of t he Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT22046/ FEDERAL PROJECT NO. HSIPSL-5008(195)
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Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailin g 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) ce rtified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister 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 ai d 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 warrant s 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 requir ed for the Consultant to pr actice 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 document s 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 ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments 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.
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT22046/ FEDERAL PROJECT NO. HSIPSL-5008(195)
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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.
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 Consultan t. 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 obligat ions 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 Cons ultant 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 Cons ultant 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 Contra ct any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of C onsultant. All terms of employment including hours, wages, working c onditions, 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 t hat 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 cont ractor, Consultant he reby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any content ion 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 writt en consent of the City,
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT22046/ FEDERAL PROJECT NO. HSIPSL-5008(195)
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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 require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consultant: Siegfried Engineering, In c. 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 t he Consultant’s engaging in any operation or activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Co ntract. Consultant covenants that it has obtained al l 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 representat ive, 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 informati on requested, and shall permit City or its delegate access to its prem ises, upon reasonable notice, dur ing 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 wit h 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 in vestment 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.
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT22046/ FEDERAL PROJECT NO. HSIPSL-5008(195)
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20. WAIVER. In the event either City or C onsultant 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 am ended 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 o ccur 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.
26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT22046/ FEDERAL PROJECT NO. HSIPSL-5008(195)
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IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOCKTON SIEGFRIED ENGINEERING, INC.
B y : B y :
HARRY BLACK Signature
CITY MANAGER
A T T E S T :
P r i n t N a m e
B
Y :
ELIZA R. GARZA, CMC Title:
CITY CLERK
APPROVED AS TO FORM:
B Y :
DEPUTY CITY ATTORNEY
Paul Schneider
President
ATTACHMENT B
Left Turn Lanes Detailed Work Plan
TASK 1 BACKGROUND RESEARCH
Sieg
fried will conduct a field reconnaissance of the pr oject area. Siegfried will review and verify the location and type of existing improvements, equipment, bus zone locations, intersection geometrics, posted speed limit signs, on-street parking, and bus route movements. Siegfried will review collision reports, sight distance, approach speed, traffic volume, and other geometrical and operational characteristics for the project. Siegfried will prepare a topographic survey of the intersection for use throughout the design process.
Siegfried will collect traffic counts for the AM (7-9), Midday (11-1), and PM(4-6) peaks times on all legs
of the intersection to guide the turn lane design.
TASK 2 UTILITY COORDINATION
Siegfried will be responsible for performing utility inv estigations and coordination with utility owners
throughout the project development process. Siegfried will be present at all necessary meeting 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.
• 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 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.
EXHIBIT A
ATACHMENT B
TASK 3 PLANS, SPECIFICATIONS, & ESTIMATE (PS&E)
Siegfried will prepare and complete PS&E documents, wh ich include design improvement plans for demolition, grading, striping, electrical, drainage, paving, staging, erosion control, and other civil details as well as technical specifications, and engineer’s estimate. Siegfried will prepare a base map showing existing information to facilitate the design of all the necessary improvements in accordance with the City of Stockton Standard Plans and Specifications, Caltrans Standard Specifications, and current MUTCD, as appropriate. The base map limits will be sufficient to cover all necessary improvements withing the project area. The project shall use the existing curb-to-curb width. Siegfried will conform the design to comply with Americans with Disabilities Act (ADA.) If dual accessible ramps cannot be installed for this project, Siegfried will prepare an internal memo for the project file and provide justifications.
The survey for design shall cover overhead utilities and at minimum the areas shown in the vicinity map.
The design shall include drawing detail showing traffic signal controller, pre-emptive/TSP system and video camera interconnects using communication equipment in City Hall and in the traffic signal cabinet.
If required, Siegfried will include the City’s up to date communication criteria to establish communication between the Traffic Management Center (TMC) and the traffic signal controller, pre- emptive/TSP system, and video camera via single mode fiber line in their design.
Siegfried will provide PS&E documents to the City for review at 30%, 65%, 95%, and 100% completion stage. Siegfried will provide one set of full size, 24”x36”, plans (PDF), one set of specifications (PDF, Word) and the engineer’s estimate (PDF/Excel) at each design stage. Siegfried will utilize Bluebeam software for the PDF submittals. With each stage of review, Siegfried will review and incorporate comments, create a comment matrix to track all comments, and provide a signed Quality Control Checklist. Any comments not incorporated into the submittals shall be tracked and justification provided in the comment matrix. Siegfried will provide the City electronic copies of the PS&E after the 100% comments have been incorporated as a final check prior to plotting the plans on mylars.
Siegfried will provide all correspondence and work products for City files.
TASK 3.1 30% PS&E
At a minimum the 30% design should include a basic geo
metric configuration of roadway layouts and
cross sections at the intersection. Consultant to consider turning motions of Stockton Unified School District, Stockton Fire Department, San Joaquin Regional Transit District, and Stockton Waste Management vehicles, as well as semi-trucks with trailers when designing the project.
TASK 3.2 65% PS&E
At a minimum the design should be developed far enough
to identify locations of utilities, geometric
features, and other design elements. Prepare the plans such that the environmental documents may be completed with the 65% submittal. Consultant to consider turning motions of Stockton Unified School District, Stockton Fire Department, San Joaquin Regional Transit District, and Stockton Waste Management vehicles, as well as semi-trucks with trailers when designing the project. Consultant shall coordinate with PG&E for any connection requirements.
EXHIBIT A
ATACHMENT B
TASK 3.3 95% PS&E
Project estimates and specifications shall be included at this stage. The review comments from the 65% submittal shall be itemized and a written response to the comments shall be prepared in a comment matrix. The original red-line mark-up from the City shall be returned with the succeeding submittal.
TASK 3.4 100% PS&E
Complete design revisions from preliminary design. Det ailed project estimates and specifications shall be included at
this stage. Consultant shall coordinate with PG&E for any additional connection requirements. Siegfried will provide the necessary final PS&E documents in a bid-ready form. Project files and the Project Engineer’s/Resident Engineer’s file will also be submitted with the Final PS&E.
TASK 3.5 QUALITY CONTROL
The PS&E shall be subject to quality control reviews b efore submittal. These reviews will assure conformance to City and Caltrans Standards, as well as minimize typographical omissions. Siegfried will provide a signed Quality Control Checklist at the time of each deliverable submittal.
TASK 4 PUBLIC OUTREACH
Siegfried will research and develop a stakeholder data base of potentially interested parties, which will be updated throughout the project with names from the public meeting(s), sign-in, information from the project team and from telephone, email and personal contact as well as the preferred method of contact, and potential key interest/concerns. The database will be coded according to the interest and involvement with the project. Among the groups on the stakeholders list will be the following:
• Council member and other elected and appointed officials • Residents and property owners adjacent to the proposed project area • Businesses and other establishments adjacent to the project area • Emergency Responders
• School District
• Public Transit
There will be a minimum of two (2) Public Information Meeting(s) to present concepts and design features to the neighboring residents and businesses, and to the public. Siegfried will collaborate with City staff will determine a location near the project site to have the meeting. The meeting(s) will be designed primarily to provide information on the project features, goals, and construction impacts.
Siegfried will schedule the meeting(s) and make all meeting arrangements; write, design, and issue meeting notices by first-class mail to stakeholders and by third-class mail to nearby residents; prepare agendas, sign-in sheets, comment sheets, signage, and other print materials; facilitate meeting proceedings; venue coordination, prepare exhibits and a PowerPoint presentation for each meeting to illustrate concepts and plan elements; record public comments/assist with appropriate responses; and prepare a detailed meeting report. Siegfried will administer Title VI compliance documentation at the public meeting. Following the meeting, Siegfried will develop a summary of the meeting which will include all feedback received and photography. The meeting should be scheduled after the 65% plans and environmental documents have been prepared.
EXHIBIT A
ATACHMENT B
TASK 5 COORDINATION/MEETINGS
Siegfried will attend a design kick-off meeting and ot her subsequent meeting with the City, as needed, to finalize the design. Siegfried will attend a pre-construction meeting, a post construction meeting, and meet and assist staff during construction
as required. Siegfried will prepare and provide a comprehensive work schedule to reflect the timeframe for each task of
the proposed scope of work, utilizing Microsoft Project. The project schedule shall show the tasks, duration, milestones, assignments, critical paths, successors, predecessors, and other relevant data. The project schedule shall be maintained and updated monthly throughout the duration of the PS&E phase of the project. An updated project schedule shall be submitted after each review.
TASK 6 DESIGN SUPPORT DURING CONSTRUCTION
As part of the proposal, Consultant shall include bid
support services that consist of assisting the City in
addressing inquiries submitted during bidding and design support during construction phase of the project.
Consultant shall include bid support services that consist of assisting the City in responding to all Requests for Information (RFI) during the project advertisement phase as well as preparing any Letters of Clarification (LOC) that are needed.
Consultant shall include services for design support during construction which include, responding to RFI’s, submittal reviews and approvals, altering project plans to address any design changes necessary during construction or inconsistencies, assist City staff in reviewing Contract Change Orders, attend construction and field meetings if necessary, assist the City Inspector with specific design-related issues during construction and any needed consultation with the construction contractor and/or the City Project Manager throughout construction.
TASK 7 AS-BUILT DRAWINGS
Siegfried will prepare as built drawings upon receipt
of red-lines from the contractor. Siegfried will
provide electronic
copies of the As-built sheets. As-built record drawings shall reflect change orders, accommodations, and adjustments to all improvements constructed. Prior to accepting the As-built Plans, City staff will review the Record Drawings and electronic files to conform that they reflect what has been constructed.
Electronic files of the As-built drawings (PDF format) and CAD (DWG or DXF format) shall be provided in addition to the original As-Built Mylars. Changes will be reflected on the mylars either by hand or a new printed sheet.
TASK 8 PRESERVING & PERPETUATING SURVEY MONUMENTS & RI
GHTS OF ENTRY
Siegfried will identify, list, and show existing surve y monuments on construction plans. Siegfried will 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.
Siegfried will sign the Acknowledgment of Monument Preservation form.
EXHIBIT A
ATACHMENT B
Siegfried will assist the City in obtaining rights of entry documentation from property owners where work is required on their property. Siegfried will 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 that is needed to conform the adjacent properties to the final project.
EXHIBIT A
ATACHMENT B
Siegfried TJKM
PROJECT
TOTAL
Task 1 Background Research & Memorandum
1.1 Background Research and Survey $20,700 $3,000 $23,700 Task 2 Utility Coordination
2.1 Coordination $3,000 $3,000
Task 3 PS&E's
3.1 30% Submittal $9,000 $8,000 $17,000
3.2 65% Submittal $12,000 $9,000 $21,000
3.3 95% Submittal $13,000 $7,000 $20,000
3.4 100% and Final Submittals $7,000 $5,800 $12,800
3.5 Quality Control $6,600 $2,600 $9,200
Task 4 Public Outreach
4.1 Communication $3,000 $3,000
4.2 Meetings $9,000 $9,000
Task 5 Coordination and Meetings
5.1 Project Management $5,000 $5,000
5.2 Monthly Meetings $4,000 $1,000 $5,000
Task 6 Design Support During Construction
6.1 Bidding $1,500 $500 $2,000
6.2 Construction Support $4,000 $3,000 $7,000
Task 7 As Built Drawings
7.1 As Built Drawings $1,000 $500 $1,500
Task 8 Preserving Survey Monuments
8.1 Preserving Survey Monuments $1,500 $1,500
8.2 Rights of Entry $1,000 $1,000
Total Cost $101,300 $40,400 $141,700
Proposed Fee for the City of Stockton
Left Turn Lanes Project
EXHIBIT B
ATACHMENT B
Proposed Fee for the City of Stockton Left Turn Lanes Project Consultant:
Siegfried
Direct Labor
Job Title Name Hours Actual Hourly Rate Total
Managing Principal Paul Schneider 8 $104.00 $832.00
Principal QA/QC Adam Merrill 24 $98.50 $2,364.00
Principal Survey Kevin Genasci 8 $98.50 $788.00
Associate Nathan Berend 120 $79.33 $9,519.60
Associate Public Outreach Chris Kay 60 $53.00 $3,180.00 Engineer II Lauren Sensibaugh 80 $36.05 $2,884.00
Engineer II Monica Poncini 80 $36.05 $2,884.00
Senior Technician Mike Kincaid 60 $40.86 $2,451.60
Party Chief Scott Soares 20 $66.00 $1,320.00
Labor Costs
a) Direct Labor Cost $26,223.20
b) Anticipated Salary Increases $0
c) Total Direct Labor Costs [(a)+(b)] $26,223.20
Fringe Benefits
d) Fringe Benefits Rate 70.85%
e) Total Fringe Benefits [(c) x (d)] $18,579.14
Indirect Costs
f) Overhead Rate 74.17%
h) General and Administrative Rate 74.21%
g) Overhead [(c)x(f)] $19,449.75
i) Gen & Admin [(c)x(h)] $19,460.24
j) Total Indirect Costs [(e)+(g)+(i)] $57,489.12
Fee (Profit)
q) Rate 10%
k) Total Fixed Profit $8,371.23
Other Direct Costs (ODC)
Description Unit(s) Unit Cost Total
Mailers 1500.00 $0.250 $375.00
Plotting (sf) 3365.8 $0.250 $841.45
Traffic Counts 1 $8,000 $8,000.00
l) Total Other Direct Costs $9,216.45
Subconsultants
TJKM
m) Total Subconsultants
Total Siegfried Cost $101,300.00 71.49%
Total Project Cost $141,700.00
$40,400.00
$40,400.00
$0.00
EXHIBIT B
ATACHMENT B
Proposed Fee for the City of Stockton Left Turn Lanes Project Sub-Consultant:
TJKM
Direct Labor
Job Title Name Hours Actual Hourly Rate Total
PIC Rtua Jariwala 4 $91.54 $366.16
QA/QC Sayed Fakry 12 $84.18 $1,010.16
PM Rutvij Patel 72 $71.61 $5,155.92
PE Anna Highsmith 106 $44.37 $4,703.22
PE Raymoundo Floris 110 $35.09 $3,860
Labor Costs
a) Direct Labor Cost $15,095.36
b) Anticipated Salary Increases $0 Less than 1 year project c) Total Direct Labor Costs [(a)+(b)] $15,095.36
Fringe Benefits
d) Fringe Benefits Rate 32.71%
e) Total Fringe Benefits [(c) x (d)] $4,937.69
Indirect Costs
f) Overhead Rate 63.49%
h) General and Administrative Rate 45.00%
g) Overhead [(c)x(f)] $9,584.04
i) Gen & Admin [(c)x(h)] $6,792.91
j) Total Indirect Costs [(e)+(g)+(i)] $21,314.65
Fee (Profit)
q) Rate 10%
k) Total Fixed Profit $3,641.00
Other Direct Costs (ODC)
Description Unit(s) Unit Cost Total
l) Travel/Mileage Costs 640.37 $0.545 $349.00
m) Mailers, AV, Rental Space 0 $1.29 $0.00
n) Printing 0 $0.20 $0.00
o) Subconsultant Costs
p) Total Other Direct Costs [(l)+(m)+(n)+(o)] $349.00
Total Cost $40,400.00
EXHIBIT B
ATACHMENT B
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EXHIBIT C
ATACHMENT 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 D
ATACHMENT B
REV 2017_09_01
https://stocktonca-my.sharepoint.com/personal/chyerle_leach_stocktonca_gov/Documents/Traffic/TRAFFIC - Main/Zulema/WT22046/Exhibit_02_Insurance_for_WT22046.docx 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
EXHIBIT D
ATACHMENT B
REV 2017_09_01
Insurance policy or proceeds available to the named insured; whichever is greater. No 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 i t 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 prov ided 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 wi ll 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 wit
h notice to the City of Stockton.
Waiver of Subrogation
EXHIBIT D
ATACHMENT 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
EXHIBIT D
ATACHMENT B
REV 2017_09_01
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 an
y time.
Contractor shall, prior to t
he 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 an d to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provi sions 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
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