Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)
PROFESSI
ONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corporation (“City”), and CALLANDER ASSOCIATES whose address is 12150 TRIBUTARY POINT DRIVE, SU ITE 140, GOLD RIVER, CA 95670 (“Consultant”) for the EQUINOA PARK PHASE II (PROJECT NO. WP13173) , 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 $198,942.00 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 indemnify, and hold harmless the City of Stockton, its officers, officials, employees, and
ATTACHMENT B
Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)
volunteers 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 subcontractor s. Consultant shall not be obligated to indemnify or defend City for claims finally determined by a cour t of law or ar bitrator 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 2 782, 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 Consult ant under the law. T he 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 u nder 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 the City of Stockton, its officers, officials, employees, and volunteers 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 November 30, 2028, 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
ATTACHMENT B
Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)
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 Director of Department of Industrial Relations of the State of California has
ATTACHMENT B
Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)
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 ensure 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 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 ensure 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 Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailin g wage rate determination for all
ATTACHMENT B
Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)
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.
e. SANCTIONS
Deliverables must conform with all appl icable federal, state, and local laws.
Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohi bited transactions with sanctioned persons or entities.
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
ATTACHMENT B
Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)
be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
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.
ATTACHMENT B
Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)
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, 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: Callander Associates To City: Public Works Director 12150 Tributary Point Dr ive City of Stockton
Suite 140 22 E. Weber Ave., Rm. 301
Gold River, CA 95670 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
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Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)
or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIVER. In the event either City or 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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ATTACHMENT B
ATTACHMENT B
www.
callanderassociates.com
BURLINGAME GOLD RIVER SAN JOSE
1633 Bayshore Highway, Suite 133 12150 Tributary Point Drive, Suite 140 2025 Gateway Place, Suite 285 Burlingame, CA 94010 Gold River, CA 95670 San Jose, CA 95110 650.375.1313 916.985.4366 408.275.0565
Recreate
Educate
Live+Work
Connect
Sustain
Augu
st 17, 2023
Mr. Jessi
e Garcia
City of Stockton, Public Works Department
22 E. Weber Avenue, Room 301
Stockton, CA 95202-2317
Office: 209.937.8410
Email: [email protected]
RE: EQUINOA PARK PHASE II/AGREEMENT FOR SERVICES
Dear Mr.
Garcia:
We are p
leased to provide the following scope and fee proposal to prepare Construction Documents for the Equinoa Park Phase II improvements. Under this Agreement CALA will prepare final plans for the improvements based on the plans “Matt Equinoa Park Phase II”, dated 7/12/12, incorporating redlined City comments issued as part of the RFP.
Under contract to the City of Stockton, CALA will prepare plans and specifications delineating these improvements. To assist yo u in these efforts, we would propose to complete the following tasks in chronological order. The items shown in bold-face italics are documents that we would prepare as part of our tasks.
4.1 BACKGROUND RESEARCH
4.1.1 Document Research: Research and revie w existing topographic mapping,“as -built” plans, City red lined plans for Equinoa Park , record maps, surveys, assessor maps, and other relevant information provided.
4.1.2 Topographic Survey: Provide services of s urveyor to prepare a completed site topographic survey of the proposed Phase II limits at Equinoa Park . Topographic survey will extend 50 feet into the existing phase I portions of the park for above ground features and to the nearest utility str ucture for lines stubbed into phase II areas based on City provided record drawings.
4.1.3 Base Map: Use above information to prepare a base map for each park showing existing information sufficient to cover all necessary improvements within the project area.
4.1.4 Site Reconnaissance: Conduct site reconnaissance to visually review apparent features; document findings. photograph site and general vicinity for use in reviewing. Take soil samples on site and send to lab for horticultural suitability testing and rec ommendations for amendment and long-term maintenance.
4.1.5 Geotechnical Investigation: Geotechnical Engineer to conduct a site visit of Equinoa Park project limits to verify existing site conditions and limitations and prepare a f ull geotechnical investigation report.
EXHIBIT A
ATTACHMENT B
City of Stockton
RE: EQUINOA PARK/AGREEMENT FOR SERVICES
August 16, 2023
AGR_Scope_Equinoa.doc
© copyrighted 2023 Callander Associates
Landscape Architecture, Inc.
4.1.6 Permit Support: Identify required permits to construct the project, and assist City with the permit application preparation and the negotiation of permit conditions.
4.2 ENVIRONMENTAL SERVICES – NO SERVICES
4.3 UTILITY COORDINATION
4.3.1 Utility Coordination: Perform investigations and coordination with utility owners throughout the project development process. Be present at all necessary meeting with each utility owner as needed. Prepare project limits map and request utility inf ormation from each utility owner within the area of work.
4.3.2 Potholing: The actual scope of the potholing effort is unknown at this time and it is not possible to define a scope of work and fee estimate. A force account budget allowance is included in the fee estimate for the purposes of performing potholing as an optional Task. The actual scope of work and fee estimate to perform the potholing will be prepared upon the completion of Task No. 4.3.3 - Utility Letter “A”, and Task No. 4.4.1 - 65% PS&E Submittal when the actual number of and the location of potential conflicts have been identified, and the level of effort can more accurately be determined at each park site.
This
Task includes an allowance for coordinating with, and obtaining an encroachment permit from the City of Stockton for the potholing of existing utilities within the public right of way.
4.3.3 Uti
lity Letter “A” and “B” Letters
4.3.4 Utility Letter “C” Letter
4.3.5 Consultant shall coordinate with utility companies as needed to ensure that conf licts are identified, and relocations coordinated ,if necessary.
4.4 PLANS, SPECIFICATIONS & ESTIMATES
Plans, Specifications & Estimates (PS&E’s): Based on City redlined plans provided by the City for Equinoa, prepare complete PS&E documents, which include plans, specifications, and Engineer’s estimate . Submit electronic submittals only (pdf format) cons isting of Plans, Specifications and Estimate to City via Bluebeam at the 65%, 95%, and 100% design phases for review and comments.
The 1
00% submittal shall include:
• One complete plan set of reproducible plans
• Printed, stamped and signed specifications (word and pdf format) • Printed, stamped and signed Engineer’s cost estimate (excel and pdf format) • Drawing files in AutoCAD and pdf format on a USB drive • Resident Engineer file on a USB Drive
4.5 COORDINATION/ MEETINGS
Establish clear and consistent communication with the City to discuss progress of design.
EXHIBIT A
ATTACHMENT B
City of Stockton
RE: EQUINOA PARK/AGREEMENT FOR SERVICES
August 16, 2023
AGR_Scope_Equinoa.doc
© copyrighted 2023 Callander Associates
Landscape Architecture, Inc.
4.5.1 Kick- Off Meeting: Attend a single Kick-Off Meeting with City Staff to review and refine the project scope and goals project schedule and budget. Obtain available as -built documents and other pertinent existing background information related to the project.
4.5.2 Project Management: Initiate project management protocols including invoicing, project schedule updates and quality control reviews.
4.5.3 Design Review Meetings : Attend desi gn review meetings at each project milestone after City has reviewed the submitted plans. Meetings are anticipated at the 65% and 95% PS&E Submittal Review Meetings. Submit meeting summaries within five days of meetings with clear identification of action items, responsible parties and due dates.
4.5.4 Field Me etings: Attend up to two (2) field meetings for each project with the City to review proposed project improvements and construction processes.
4.6 DESIGN SUPPORT DURING CONSTRUCTION
Support the City and City Project Manager during the bidding and constru ction phases of each project as follows:
• Prepare Letters of Clarification During Bidding
• Attend Pre-Construction Meeting.
• Review Submittals/Shop Drawings and
• Prepare RFI Responses
• Field Observations (up to three (3) site visits)
4.7 AS BUILT DRAWINGS
Receive contractor prepared red -lined as-builts and convert to as -built record drawings in AutoCAD format. Electronic files of the as -built drawings (in standard pdf format) and AutoCAD (dwg) shall be provided in addition to the original as-built mylars.
4.8 PRESERVING AND PERPETUATING SURVEY MONUMENTS (OPTIONAL, IF
NEEDED)
Identify, list, tie out/perform construction staking of survey monuments, and show existing survey monuments on construction plans. Include language in the PS&E package to pre serve 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.
As the extent of effort required to satisfy this task for each park cannot be determined until the documents are researched and the field surveys are completed, we have included a “force account” amount as a provisional fee to be billed against on a time and materials basis only if it is determined that these services are necessary.
ADDITIONAL SERVICES
All tasks not specifically noted above could be performed as additional services. These tasks would include, but not be limited to, all revis ions or additional submittals required by the Client or any other agency’s review, other meetings, additio nal d esign studies, or other tasks not
EXHIBIT A
ATTACHMENT B
City of Stockton
RE: EQUINOA PARK/AGREEMENT FOR SERVICES
August 16, 2023
AGR_Scope_Equinoa.doc
© copyrighted 2023 Callander Associates
Landscape Architecture, Inc.
specifically noted in the foregoing. These services would be billed hourly or on a lump sum fee basis to be documented in a written amendment to this agreement.
REIMBURSABLE EXPENSES
In addition to billing for the above services, we would bill for all printing and reprodu ction, delivery, horticultural soils samples, the communication and insuran ce surcharge, subconsultant administration and other reimbursable expenses as noted in the attached Standard Schedule of Compensation. You should establish a tentat ive budget for th ese expenses (see Compensation Summary below). These costs will be itemized on our invoice and compared monthly with the total allowances to assi st you in monitoring these costs. Subconsultant adm inistration markup is included within subconsultant fees below.
COMPENSATION SUMMARY
Hrs TOTAL
4.1 Background Research (lump sum) 61.50 34,878.00$
4.2 No Services: Environmental Services
4.3 Utility Coodination (lump sum) 12.50 13,164.00$
4.3. 2 Potholing (Allowance, T&M, NTE)** 5,500.00$
4.4 Plans, Specifications & Estimates (lump sum) 464.50 91,567.00$
4.5 Coordination Meetings (lump sum) 54.50 13,675.00$
4.6 Design Support During Construction (allowance) 91.50 24,110.00$
4.7 As-Built Drawings (lump sum) 27.00 4,804.00$
4.8 4,200.00$
CALA Reimbursables 7,044.00$
TOTAL 711.50 198,942.00$
CALA KSN
Capital
Engineering
RW
Consultants GEOCON
8,514.00$ 13,152.00$ 2,433.00$ 10,779.00$
1,786.00$ 7,335.00$ 4,043.00$
62,650.00$ 24,270.00$ 4,647.00$
5,500.00$
9,250.00$ 4,241.00$ 184.00$
13,937.00$ 8,703.00$ 1,470.00$
3,334.00$ 1,470.00$
4,200.00$
106,515.00$ 30,187.00$ 45,160.00$ 6,301.00$ 10,779.00$ Preserving & Perpetuating Survey Monuments
(Allow ance, T&M NTE) **
Local: 15%
7,044.00$
8.0 TERMS & C ONDITIONS
8.01 CALA shall perform the services prov ided in this Agreement in accordance with the City of Stocktons Design Professional Agreement.
Callander Associates Landscape
Architecture, Inc.
Benjamin W. Woodside, ASLA
Principal | Landscape Architect CA #4590
Attachments: Standard Schedule of Compensation dated 2023 Notic
e: Landscape architects are licensed by the State of California. Terms and conditions are subject to change after ninety days.
EXHIBIT B
ATTACHMENT B
ID Task Name Duration Start Finish
1 Equinoa Phase II 5129 days Wed 09/20/06 Thu 05/21/26 2 Signed Authorization to Proceed 1 day Thu 11/16/23 Thu 11/16/23 3 4 4.1 BACKGROUND RESEARCH 237 days Mon 12/18/23 Tue 11/12/24 5 4.5.1 Kick Off Meeting 5 days Mon 12/18/23 Fri 12/22/23 6 4.1.1 Document Research 42 days Tue 01/02/24 Wed 02/28/24 7 4.1.2 Topographic Survey 6 wks Tue 01/02/24 Mon 02/12/24 8 4.1.3 Base Map 7 days Tue 02/13/24 Wed 02/21/24
9 4.1.4 Site Reconnaissance 5 days Tue 02/13/24 Mon 02/19/24 10 4.1.5 Geotechnical Investigation 8 wks Tue 01/02/24 Mon 02/26/24 11 4.1.6 Permit Support 100 days Wed 06/26/24 Tue 11/12/24 12 4.2 ENVIRONMENTAL SERVICES (NO SERVICES) 0 days Wed 09/20/06 Wed 09/20/06 13 4.3 UTILITY COORDINATION 160 days Tue 02/20/24 Mon 09/30/24 14 4.3.1 Utility Coordination 8 mons Tue 02/20/24 Mon 09/30/24 15 4.3.2. Potholing 6 wks Wed 05/01/24 Tue 06/11/24
16 4.3.3 Utility Letter "A" and "B" 10 days Wed 06/26/24 Tue 07/09/24 17 4.3.4 Utility Letter "C" 10 days Wed 09/11/24 Tue 09/24/24 18 4.3.5 Utility Coordination 8 mons Tue 02/20/24 Mon 09/30/24 19 4.4 PLANS, SPECIFICATIONS & ESTIMATES 210 days Wed 02/14/24 Tue 12/03/24 20 4.4.1 65% PS&E 6 wks Wed 02/14/24 Tue 03/26/24
21 City Review 4 wks Wed 03/27/24 Tue 04/23/24
22 4.5.3 Design Review Meeting 5 days Wed 04/24/24 Tue 04/30/24 23 4.4.2 95% PS&E 8 wks Wed 05/01/24 Tue 06/25/24
24 City Review 4 wks Wed 06/26/24 Tue 07/23/24
25 4.5.3 Design Review Meeting 5 days Wed 07/24/24 Tue 07/30/24 26 4.4.3 100% PS&E 6 wks Wed 07/31/24 Tue 09/10/24
27 City Review 40 days Wed 09/11/24 Tue 11/05/24
28 4.4.5 Bid Documents/Final PS&E 3 wks Wed 11/13/24 Tue 12/03/24 29 4.5 COORDINATION MEETINGS 593 days Tue 02/13/24 Thu 05/21/26 30 4.5.2 Project Management 394 days Mon 11/18/24 Thu 05/21/26 31 4.6.5 Field Meetings 9 mons Tue 02/13/24 Mon 10/21/24 32 4.6DESIGN SUPPORT DURING CONSTRUCTION 371 days Wed 12/04/24 Wed 05/06/26 33 4.6.1 Bidding Support 1 mon Wed 12/04/24 Tue 12/31/24 34 City Authorization to Award Project 3 mons Wed 01/01/25 Tue 03/25/25 35 4.6.2 Construction Support 10 mons Wed 03/26/25 Tue 12/30/25 36 Mantenance Period 90 days Wed 12/31/25 Tue 05/05/26
37 RIBBON CUTTING 1 day Wed 05/06/26 Wed 05/06/26
38 4.7 AS BUILT DRAWINGS 10 days Wed 05/06/26 Tue 05/19/26 03/26
06/25
09/10
12/03
12/30
05/06
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 © copyrighted 2023 Callander Associates
Landscape Architecture, Inc.
PV1391_SCH.mpp
Fri 08/18/23
Note: "Duration days are considered working days
Equinoa Park Phase II
City of Stockton
Fri 08/18/23
EXHIBIT C
ATTACHMENT B
REV 2022‐05‐17
Insurance Requirements for Professional Services
Consultant shall procure and maintain f
or 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 Consultant, 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 Consultant 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 consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession
, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
EXHIBIT D
ATTACHMENT B
REV 2022‐05‐17
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
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this
EXHIBIT D
ATTACHMENT B
REV 2022‐05‐17
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentio
ns must be declared to and approved by the City of Stockton. 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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state 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
If any of the required policies provide claims-made coverage:
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 work.
EXHIBIT D
ATTACHMENT B
REV 2022‐05‐17
Verification of Coverage
Contractor shall furnis
h the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton 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. 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.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
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
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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