Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)
PROF
ESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2023, 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 DOWNTOWN EAST-WEST CO NNECTION (PROJECT NO.
WT22050/ATPL-5008(199)), 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 $258,500.00 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. WT22050/ATPL- 5008(199)
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indemnify, and hold harmless the City of Stockton, its officers, officials, employees, and 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 January 31, 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 EXHIBIT 1
Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)
pay any invoice for work performed whic h Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.
6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the 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
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)
accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing 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 purpos es 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 pr ovisions 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 the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
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invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) 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 prohibited 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
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)
completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
11. TE
RMINATION. 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.
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
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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, 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, Inc. To City: Public Works Director 3428 Brookside Road City of Stockton
Stockton, CA 95219 22 E. Weber Ave., Rm. 301
Stockton, CA 95202
16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to 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 serv ices 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.
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
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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.
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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IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOCKTON
By:
HARRY BLACK
CITY MANAGER
ATTEST:
BY:
ELIZA R. GARZA, CMC
CITY CLERK
APPROVED AS TO FORM:
BY:
DEPUTY CITY ATTORNEY
SIEGFRIED ENGINEERING, INC.
By:
Signature
Paul J. Schneider PE, QSD/QSP
Print Name
Title: President
Professional Servi
ces Contract — SIEGFRIED ENGINEERING, INC. —PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)
EXHIBIT 1
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23projects\23236 City of Stockton Downtown East-West Connection\Marketing\Scope and Fee\23236 Downtown Connection Scope of Work Rev
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SCOPE OF WORK
Sie
gfried shall provide preliminary and final engineering services leading to the completion of plans, specifications, and estimates for construction of the Downtown East-West Connection improvements. Siegfried will provide project management, coordination, and preparation of the documents presented in this scope of work. This work will include the following tasks:
Task 1 | Background Research
Ta
sk 1.1 | Bac kground Research
Sie
gfried will conduct a field reconnaissance of the project area, research and review existing topographic mapping, right-of- way maps, “as-built” plans, record maps, surveys, assessor maps, improvement plans, review and verify the location and type of existing improvements, equipment, bus zone locations, intersection geometrics, posted speed limit signs, on-street parking, bus route movements, and other characteristics for the project.
Siegfried will also conduct field surveys that include collecting topographic information and locating and referencing any survey monumentation to be compromised by the project. Boundary surveys and plotting of road right of way on the improvement plans is not included in the scope of work as all improvements will be within existing City improved areas. Our team will utilize a utility locating service to identify pipe sizes and approximate depth at key existing utility crossings that will be identified as the scope of the project becomes more clear. The number of areas to receive locating is limited to four (4) crossings. The plans will illustrate existing structures, as well as rim and invert elevations for all underground and above ground utilities that conflict with or will be directly affected by the project improvements.
Siegfried will also conduct a pavement condition assessment within the project limits in the proposed bicycle facilities. The assessment will be visual only and no coring or testing is proposed.
Task 1.2 | Parking Study
Sie
gfried will conduct a field survey of the study area to inventory the total parking supply by block face (on-street). This review will include documenting the on-street parking supply by space type (unregulated, time limited, loading, etc.); noting the presence of disabled, loading or other markings; and documenting posted time restrictions and limits. The study area is assumed to be Park Street and Oak Street from Pershing Avenue to Airport Way, Fremont Street from Pershing Avenue to Baker Street, Fremont Street from Airport Way to Wilson Way, and one block of side streets in all directions.
Following the inventory, Siegfried and TJKM will a conduct comprehensive field occupancy survey of all accessible on-street spaces on Fremont only. Parking occupancy surveys determine the peak demand for parking systemwide and for each block face, the pattern of demand across the study area, and where/when there is excess parking available. The surveys will measure parking occupancies on one (1) typical weekday and on one (1) typical Saturday for all on-street spaces to determine occupancy by hour of day. The utilization counts will be taken hourly from 11 AM to 2 PM and 8 PM to 11 PM to ensure peak both residential and business parking demands are assessed.
TJKM will analyze parking utilization rates and patterns to assess the available capacity and the resulting ability for the existing supply to meet the current demand for the study area as a whole as well as for sub-zones within the study area (e.g. focused on residential and business districts). Peak hours of parking demand will be mapped, detailing usage at peak daytime and evening hours for all block faces in the study area. To estimate the future impact of on-street parking removal, the parking demands of side streets will be assessed to determine if there is sufficient available capacity to accommodate spillover.
TJKM will sub consult with a data collection vendor to collect intersection turning movement counts (vehicles, bicycles, and pedestrians) at three intersections (one for each corridor). The location of the intersection will be identified with consultation with the City prior to counting. At each of the count locations, four total hours on three weekdays (Tuesday, Wednesday, and Thursday) at 7 to 9 AM and 4 to 6 PM and one weekend day (11 AM- to 1 PM) will be counted per Interim ATP Count Methodology guidelines
Task 2 | Utility Coordination
EXHIBIT A
EXHIBIT 1
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Siegfried will be responsible for performing utility investigations and coordination with utility owners throughout the project development process. Our team will be present at all necessary meetings with each utility owner. We will be responsible, 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 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 50% design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Two sets of half-sized 50% plans will be provided to each utility owner as an attachment to the letter. The letter will request that utility owners verify any utility conflicts with proposed improvements and indicate whether any future utilities are proposed in the area that may require accommodation through the improved area. Information on existing utilities obtained as a result of the “B” letter will be used to determine potential utility conflicts and to resolve the conflicts identified. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.
Prepare Utility Letter “C” during 100% design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Two sets of half-sized 100% plans will be provided to each utility owner as an attachment to the letter. The letter will indicate to the utility owners whether any changes have been made to the project plans since the Utility Letter “B” and will request written confirmation of utility relocations and utility relocation schedule. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.
Siegfried will meet with utility companies as needed to ensure that conflicts are identified, and relocations performed if necessary.
See Task 1.1 for utility locating scope.
Task 3 | Plans, Specifications, and Estimate (PS&E)
Sie
gfried will prepare and complete PS&E documents, which include design improvement plans for demolition, grading, striping, electrical, drainage, paving, staging, erosion control, traffic control, and other civil details as well as technical specifications, and engineer’s estimate. We 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, current Caltrans Standard Specifications, and current MUTCD, as appropriate. The base map prepared will show existing information to facilitate the design of all the necessary improvements using the City’s latest Benchmark information. The base map limits will be sufficient to cover all necessary improvements within the project area. The project will use the existing curb-to-curb width and back of walkway and round corner limits. We will conform the design to comply with Americans with Disabilities Act (ADA).
Siegfried will provide PS&E documents to the City for review at 50%, 90%, and 100% completion stage, along with the following deliverables at each design stage:
One set of full size, 24”x36” plans (PDF)
One set of specifications (PDF, Word)
Engineers estimate (PDF/Excel)
Siegfried will utilize Bluebeam software for the PDF submittals. With each stage of review, our team 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 submit a comment response matrix from the previous submittal with the proceeding PS&E submittal at each design stage.
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. We will provide all correspondence and work products for City files.
EXHIBIT A
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Task 3.1 | 50% PS&E
The
30% design, at minimum, will include a basic geometric configuration of roadway striping layouts, curb alignments at round corner improvements, and typical cross sections. As Siegfried designs the project, we will take into consideration the turning motions of Stockton Unified School District, Stockton Fire Department, San Joaquin Regional Transit District, and Stockton Waste Management vehicles, as well as semitrucks with trailers.
Traffic signal timing for leading pedestrian intervals (LPI) will be calculated per Transportation Research Board 2198 at three signalized intersections (Park Street/Madison Street, Park Street/Wilson Way, Fremont Street/Wilson Way). At each location, TJKM will plot collision data from SWITRS database to ascertain the collision types occurring, conduct field observations at each intersection to check sight distance, measure the lane widths at each crosswalk, then prepare a brief memorandum with our findings and recommendations for the City to review. Based on comments from the City on the draft memorandum, a final memorandum will be prepared with the LPI values for the City staff to input and program into the controller assuming existing controller software has LPI capability.
Siegfried will develop the design to thoroughly identify the locations of utilities, right-of-way, geometric features, and other design elements. Project estimates and specifications will be included at this stage.
The following plan sheets will be included in the 50% PS&E submittal:
Signing and Striping Plans (Park Street, Oak Street, and Fremont Street).
RRFB Plans (3 Locations).
Signal Modification Plans (14 Locations).
Task 3.2 | 9
0% PS&E
Sie
gfried will review and itemize the comments from the 50% submittal and a written response to the comments will be prepared in a comment matrix. We will return the original red-line mark-up from the City with the succeeding submittal.
Task 3.3 | 1 00% PS&E
Sie
gfried will complete the design revisions from the preliminary design. Siegfried will provide detailed project estimates and specifications at this stage, and will provide the necessary final PS&E documents in a bid-ready form. Project files and the Project Engineer/Resident Engineer file will be submitted with the Final PS&E.
Quality Control
The
PS&E will be subject to quality control reviews before submittal. These reviews will focus on conformance to City and Caltrans Standards. Siegfried will provide a signed Quality Control Checklist at the time of each deliverable submittal.
Task 4 | Public Outreach
Sie
gfried will research and develop a stakeholder database of potentially interested parties, which will be updated throughout the project with names from the public meetings, 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 members Susan Lenz and Brando Villapudua 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
EXHIBIT A
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The mailing list is limited to 1,000 locations. Siegfried will host, at minimum, two (2) Public Information Meetings to present concepts and design features to the neighboring residents and businesses, and to the public. In collaboration with City staff, Siegfried will determine the locations near the project site to have each meeting. The meetings will be designed primarily to provide information on the project features, goals, and construction impacts. Our team will schedule the meetings 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. Following the meeting, Siegfried will develop a summary of the meeting which will include all feedback received and photographs of the meeting.
The first meeting will be scheduled after the 50% plans and Fremont parking study have been prepared. The second meeting will be prior to the bid documents being released.
Task 5 | Coordination/Meetings
Sie
gfried will attend a design kick-off meeting and other subsequent meetings with the City (in-person or virtual), as needed, to finalize the design. Our team will attend a pre-construction meeting, a post construction meeting, and meet and assist staff during construction as required. We 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 will show the tasks, duration, milestones, assignments, critical paths, successors, predecessors, and other relevant data. The project schedule will be maintained and updated monthly throughout the duration of the PS&E phase of the project. An updated project schedule will be submitted after each submittal review.
Task 6 | Design Support During Construction
As p
art of the proposal, Siegfried will 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. We will include services for design support during construction which include responding to RFIs, submittal reviews and approvals, 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/Resident Engineer throughout construction.
Task 7 | As-built Drawings
Sie
gfried will prepare as built drawings upon receipt of red-lines from the contractor, as well as provide electronic copies of the As-built sheets. As-built record drawings will 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 confirm that they reflect what has been constructed. Electronic files of the As-built drawings (PDF format) and CAD (DWG or DXF format) will be provided in addition to the original As-Built Mylars. Changes will be reflected on the mylars either by hand or on a new printed sheet.
Deliverables:
Electronic Files of As-built drawings (PDF format) and CAD (DWG or DXF) Task 8 | Preserving and Perpetuating Survey Monuments Sie
gfried will identify, list, and show existing survey monuments on construction plans. Siegfried shall include language in the PS&E package to preserve all monumentation affected by the work being performed in accordance with Section 8771 of the Professional Land Surveyors Act in the Business and Professionals Code of the State of California.
Task 9 | Performance Outcome
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F:\
23projects\23236 City of Stockton Downtown East-West Connection\Marketing\Scope and Fee\23236 Downtown Connection Scope of Work Rev
1.docx
The Siegfried Team will perform and provide to the City before and after construction pedestrian and bicycle counts in accordance with the Interim Count Methodology Guidance. Before construction counts shall be conducted no more than 6 months before the construction phase begins, and after construction counts shall be conducted at least 6 months after project completion (before and after counts must be performed at the same location on the same days of the week, the same times of day, and the same week of the year; refer to the ATP Count Methodology Guidelines for count data collection methods and requirements). Our team will recommend the locations, dates, times and counting periods during the design process and submit to the City for acceptance.
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WORK BREAKDOWN CHART FOR
City of Stockton East-West Connection
September 8, 2023
Siegfried
Classification/Subconsultant
Task 1 - Background Research
Task 2 - Utility Coordination
Task 3.1 - 50% PS&E's
Task 3.2 - 90% PS&E's
Task 3.3 - Final PS&E's
Task 4 - Public Outreach
Task 5 - Coordinations/Meetings
Task 6 - Design Support During
Bidding and Construction
Task 7 - As Built Drawings
Task 8 - Monument Pres
Task 9 - Performance Outcome
Total Hours
Ho
urly Rate
Base Scope
Managing Principal - Paul Schneider 4 1 8 8 8 4 8 2 1 44 $268.00 $11,792 Principal - Survey - Kevin Genasci 8 2 4 14 $240.00 $3,360 Principal _Geotech -Brad Quon 4 6 10 $240.00 $2,400
Associate - Nathan Berend 2 2 40 30 20 4 40 16 2 2 158 $1 88.00 $29,704 Engineer II - Tyler Fine 20 80 50 36 16 80 282 $1 63.00 $45,966 Senior Technician - Greg Samoy 40 60 50 20 8 16 194 $1 42.00 $27,548 Associate - Public Outreach - Chris Kay 24 24 $188.00 $4,512 Surveyor II - Manny DeBranca 8 4 12 $157.00 $1,884
Party Chief - Scott Soares 80 8 88 $211.00 $18,568
TJKM Principal 2 2 2 4 1 11 $240.00 $2,640
TJKM Senior PM 4 32 10 10 16 4 1 4 81 $190.00 $15,390
TJKM Senior Transportation Engineer 72 24 16 8 120 $1 65.00 $19,800 TJKM Assistant Transportation Engineer 80 32 24 2 8 146 $1 20.00 $17,520 TJKM Transportation Planner 40 24 64 $130.00 $8,320
Traffic Counts and Parking Data $11,000 $4,000 $15,000 $1 5,000 Aerial Survey and Utility Locator $20,000 $10,000 $30,000 $3 0,000 Total Hours 192 23 380 206 138 64 122 28 31
Category Total $65,584 $13,904 $60,704 $33,214 $22,992 $8,944 $12,704 $20,520 $4,066 $3,276 $8,496 Reimbursable Expenses
$16 $96 $96 $86 $8 $3,556 $96 $80 $34 $24 $4
Total $65,600 $14,000 $60,800 $33,300 $23,000 $12,500 $12,800 $20,600 $4,100 $3,300 $8,500 Not-To-Exceed Fee
$258,500
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22 CiViL ■ STRUCTURAL ■ GEOTECHN iCAL ■ SURVEY ■ LANDSCAPE ■ PARTNER iNG ■ ATHLET iCS 3428 Brookside Road, Stockton, CA 95219 ■ t | 209.943.2021 f | 209.942.0214 ■ siegfriedeng.com
SCHEDULE
ID Task Name Duration Start Finish Predecessors
1 Stockton Downtown East-West Connection 526 days Tue 12/12/23 Tue 12/16/25 2 City Issues NTP 0 days Tue 12/12/23 Tue 12/12/23
3 Background Research 35 days Tue 12/12/23 Mon 1/29/24
4 Obtain Historical Documents and Review 10 days Tue 12/12/23 Mon 12/25/23 2 5 Research Boundary 20 days Tue 12/12/23 Mon 1/8/24 2
6 Prepare Utility A Letters 3 days Tue 12/12/23 Thu 12/14/23 2 7 Perform Topographic and Boundary Surveys 35 days Tue 12/12/23 Mon 1/29/24 2 8 Construction Documents and Estimates 160 days Tue 1/30/24 Mon 9/9/24 9 Scoping Plan and Cost Estimate 10 days Tue 1/30/24 Mon 2/12/24 7 10 City Review and Final Scope Selection 10 days Tue 2/13/24 Mon 2/26/24 9 11 30% Submittal 40 days Tue 2/27/24 Mon 4/22/24
12 Prepare for 30% Submittal 25 days Tue 2/27/24 Mon 4/1/24 10 13 Agency Plan Check 15 days Tue 4/2/24 Mon 4/22/24 12
14 60% Submittal 40 days Tue 4/23/24 Mon 6/17/24
15 Prepare for 60% Submittal 25 days Tue 4/23/24 Mon 5/27/24 13 16 Agency Plan Check 15 days Tue 5/28/24 Mon 6/17/24 15 17 90% Submittal 35 days Tue 6/18/24 Mon 8/5/24
18 Prepare for 90% Submittal 20 days Tue 6/18/24 Mon 7/15/24 16,13 19 Agency Plan Check 15 days Tue 7/16/24 Mon 8/5/24 18
20 100% and Final Submittals 25 days Tue 8/6/24 Mon 9/9/24 21 Prepare for 100% Submittal 15 days Tue 8/6/24 Mon 8/26/24 19 22 Agency Final Review and Approval 10 days Tue 8/27/24 Mon 9/9/24 21 23 Public Outreach 90 days Tue 2/27/24 Mon 7/1/24
24 Send Outreach Notice 1 10 days Tue 2/27/24 Mon 3/11/24 10 25 Outreach Meeting 1 0 days Mon 3/11/24 Mon 3/11/24 24 26 Send Outreach Notice 2 10 days Tue 6/18/24 Mon 7/1/24 16 27 Outreach Meeting 2 0 days Mon 7/1/24 Mon 7/1/24 26
28 Advertise and Contract Award 116 days Tue 9/10/24 Tue 2/18/25 29 Final Plan Approvals & Bid Package Prep 5 days Tue 9/10/24 Mon 9/16/24 22 30 Advertise Project to Bidders 25 days Tue 9/17/24 Mon 10/21/24 29 31 Bid Opening 0 days Mon 10/21/24 Mon 10/21/24 30
32 Final Staff Report 15 days Tue 10/22/24 Mon 11/11/24 31 33 City Council Authorization 41 days Tue 11/12/24 Tue 1/7/25 32 34 Biology Pre-Construction Survey 5 days Wed 1/8/25 Tue 1/14/25 33 35 Award Contract 25 days Wed 1/8/25 Tue 2/11/25 33
36 Issue Notice to Proceed 5 days Wed 2/12/25 Tue 2/18/25 35 37 Construction 180 days Wed 2/19/25 Tue 10/28/25 36
38 Performance Counts and Report 35 days Wed 10/29/25 Tue 12/16/25 37 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 2024 2025 2026
Task
Critical Task
Milestone
Summary
Rolled Up Task
Rolled Up Critical Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks
Project Summary
Group By Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Deadline
Manual Progress
PROJECT SCHEDULE
CITY OF STOCKTON DOWNTOWN EAST WEST CONNECTION IMPROVEMENTS
CITY OF STOCKTON, CALIFORNIA
Tue 8/22/23
Project: Downtown East West Connec
Date: Tue 8/22/23
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Insurance Requirements for Professional Services
Downtown East-West Connection, Project No. WT22050/ATPL-5008(199) Consultant 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 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 $1,000,000 per occurrence or claim, $1,000,000 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:
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Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
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
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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-insure
d retentions 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.
Verification of Coverage
Contractor
shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause 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.
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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, 3
rd Floor – HR
Stockton, CA 95202
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