Pr
ofessional Services Contract – UNICO ENGINEERING – PROJECT NO. P023001 (Updated 03/05/2024)
PROFESSIONAL SERVICES CONTRACT
(for non-federal projects)
THIS CONTRACT is entered into this day of 2024, between the CITY OF STOCKTON, a municipal corporation (“City ”), and UNICO ENGINEERING whose address is 80 BLUE RAVINE ROAD, SUITE 250 FOLSOM, CA 9563 0 (“Consultant”) for the ANIMAL SHELTER RENOVATION (PROJECT NO. P023001), hereinafter referred to as "Project".
RECIT
ALS
A. Cons
ultant 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. Ci
ty 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 mutual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:
1. SCOPE OF SERVICES . Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.
2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in EXHIBIT B , which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $ 708,411.20 or as otherwise mutually agreed to in a Contract Amendment.
3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit D and shall otherwise comply with the other provisions of Exhibit D.
4. INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost to defend, City of Stockton and its officers, officials, employees, and volunteers from and EXHIBIT 2
Professional Services Contract – UNICO ENGINEERING – PROJECT NO. P023001 (Updated 03/05/2024)
against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contrac t, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault.
This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
5. SCHEDULE AND T
ERM. 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 September 30, 2029, unless extended by mutual agreement through the issuance of a Contract Amendment.
A. Inv
oices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
B. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.
6. CONFORMANCE TO APPLICABLE LAWS. C
onsultant shall comply with
all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
A. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civ il-rights-
act-of-1964
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Professional Services Contract – UNICO ENGINEERING – PROJECT NO. P023001 (Updated 03/05/2024)
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
B. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy ( Exhibit E). The purpose of this policy is to reaffirm the C ity’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
C. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2
D. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor 's responsibility to 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 determination. State wage rates may be obtained at
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
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.
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Professional Services Contract – UNICO ENGINEERING – PROJECT NO. P023001 (Updated 03/05/2024)
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the C ity the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the C ity, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall e nsure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
E. SANCTIONS
Deliverables must conform with all applicable 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 aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
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Professional Services Contract – UNICO ENGINEERING – PROJECT NO. P023001 (Updated 03/05/2024)
8. OBLIGATIONS O F CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Con tract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
9. OWNERSHIP OF WORK. A
ll reports, drawings, designs, plan review
comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT AMENDMENTS . Cit
y 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. T he City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.
12. CONSULTANT STATUS. I
n performing the obligations set forth in this
Contract, Consultant shall have the status of an independent contractor and Consul tant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or EXHIBIT 2
Pr
ofessional Services Contract – UNICO ENGINEERING – PROJECT NO. P023001 (Updated 03/05/2024)
cont
ractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.
The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
A. If
in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It
is further understood and agreed that Consultant must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As
an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer - employee relationship exists by reason of this Contract.
13. ASS
IGNMENT. Cons ultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADI
NGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
15. NOT
ICES. Any an d all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consultant: UNICO Engineering To City: Public Works Director C
ity of Stockton
22 E. Weber Ave., Rm. 301
80 Blue Ravine Road
Suite 250
Folsom, CA 95630 Stockton, CA 95202
16. LI
CENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
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Professional Services Contract – UNICO ENGINEERING – PROJECT NO. P023001 (Updated 03/05/2024)
17. RECORDS AND AUDITS. C ity reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.
Cons
ultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
18. CONFIDENTIALITY. C
onsultant shall exercise reasonable precautions to
prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFLICTS OF I NTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIVER. I
n the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
21. GOVERNING LAW. C
alifornia 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. N
o 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. T
he response by Consultant to the
Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a EXHIBIT 2
Professional Services Contract – UNICO ENGINEERING – PROJECT NO. P023001 (Updated 03/05/2024)
single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERA BILITY. 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. N
othing in this Contract shall be construed to give
any rights or benefits to anyone other than City and Consultant.
26. AUTHO RITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
IN
WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOCKTON UNICO ENGINEERING
By: By:
HARRY BLACK Signature
CITY MANAGER
ATTEST: ___
__
Print Name
BY:
KATHERINE ROLAND, CMC, CPMC Title: _____
INTERIM CITY CLERK
APPROVED AS TO FORM:
BY:
DEPUTY CITY ATTORNEY
EXHIBIT 2
CITY OF STOCKTON
Animal Shelter Renovation | Construction Management Services | 1
Scope of Work
Listed below is our approach and procedures broken
down by Tasks for the typical CM scope items that will
be used to successfully manage this project.
Task 1: Pre-Construction Services
During the first few weeks of the project, UNICO will:
• Meet with project stakeholders to clearly
define project expectations, goals, team roles,
responsibilities and most important, procedures
for how we will accomplish those goals.
•
Complete a detailed site investigation,
document and take photos/videos of the existing
conditions.
•
Review the contract documents (plans and
specifications), City Standards, and applicable
building codes.
•
Review the Contractor’s Schedule of Values.
• Review and analyze the Contractor’s baseline
schedule.
•
Coordinate with the City and establish a project
filing system to organize electronic files and hard
copies of all project documents.
•
Schedule, coordinate, and conduct the pre-
construction meeting. Meeting attendees will
include staff from the City (Public Work
s, Police),
Contractor, UNICO, Architect (Swatt Miers or
successor firm - Studio MCP), Stockton Animal
Shelter, and utility companies (PG&E, California
Water Service, AT&T). We will prepare and
distribute the meeting agenda and minutes.
•
Develop the logs to be used to verify and
document that project requirements are
completed. They include: a submittal log, to
identify all required submittals and highlight
time sensitive submittals; a materials testing
and special inspections log, to list all required
materials testing and special inspections; an
issues/potential change order log, to document
issues/potential changes to the contract; a
contract change order log, to document official
changes to the contract; and a closeout log, to
list all items required to successfully close out
the project.
Schedule Management
UNICO will provide and oversee CPM Partners (CPM)
as our subconsultant for the schedule reviews.
Prior to the pre-construction meeting, UNICO
will request a draft baseline schedule from the
Contractor. CPM will review and analyze the draft
baseline schedule to ensure conformance with the
contract documents. The review of the Contractor’s
Baseline Schedule includes a detailed review of
activity logic, duration, level of detail, inclusion of long lead procurement items, and contract restrictions.
Once the draft baseline schedule is established
and approved, copies will be distributed to all
stakeholders.
Deliverables:
The deliverables will be submitted to the City:
•
Preconstruction meeting agenda and minutes
• Electronic Project Files Index
• Photos/videos of existing conditions.
Task 2: Construction Management
Services
Communication and Coordination
UNICO will prepare monthly reports to document
project status and pertinent project issues. Reports
will be sent to the City and project stakeholders.
We will act as the liaison between the City,
Contractor, design team, utility companies, and
project stakeholders to ensure effective and timely
communications.
Our Team will collaborate with the City, the City’s
vendors, shelter staff, and the Contractor on OPOI
and OPCI items to ensure equipment is ordered,
delivered, and installed without impacting the
construction schedule.
Our team will work with the City and shelter staff to
develop a post construction move schedule.
Compliance
UNICO will assist the City with administering the
City of Stockton’s Local Hire Ordinance and the
Community Workforce Training Agreement (CWTA).
We will collaborate with City staff to define best
management practices to ensure the Contractor
complies with the ordinance. We will collect and
review monthly local hire progress reports from the
Contractor.
EXHIBIT 2
EXHIBIT A
CITY OF STOCKTON
Animal Shelter Renovation | Construction Management Services | 2
We will ensure that the Contractor posts all required
posters, notices, wage determinations, etc. at the job
site.
We will prepare weekly statements of working days to
keep the Contractor on notice regarding the number
of working days they have to complete the project,
and the point at which liquidated damages will be
assessed.
Meetings
UNICO will organize, plan, and chair the pre-
construction meeting, weekly progress meetings,
and various coordination meetings as necessary
to facilitate project communication and success.
Weekly progress meetings will be used to coordinate
and report on work progress including the status of
submittals, RFIs, change orders, potential change
orders, and if applicable, safety concerns. The
meetings will also be used as a tool to identify
specific tasks necessary for project success and
identify who will be responsible for completing those
tasks. After the weekly meetings, we will follow up
with project team members to encourage them
to complete the commitments and facilitate timely
resolution of issues. We will generate logs of RFI’s,
submittals and proposed change orders for review at
the weekly meetings.
Submittal Management
UNICO will review the specifications in detail and
generate a comprehensive log of all required
submittals including shop drawings. This log will
be reviewed with the Contractor and submittals
prioritized based on lead times and when they are
needed in the field. As submittals come in, we will
review them for conformance with the contract
documents and actual site conditions. Submittals that
do not conform will be returned to the Contractor
to be resubmitted with the correct product. Rather
than acting like a post office that shuffles submittals between the Contractor and the design team, we will
act as the gatekeeper and ensure that the products
that are ordered are the products that were specified
prior to forwarding them on to the approving entity.
Submittal status reports will be generated regularly,
reviewed in the weekly progress meetings, and
outstanding items followed up on.
Progress Payment Requests
During the last few days of each month, UNICO
will schedule a time to walk the project with the
Contractor and review the information in their
draft progress payment application including
their proposed percent complete of Schedule
of Values line items. After agreement is reached
on the quantity of work complete to date, the
Contractor will transmit their pay application, along
with an updated construction schedule and any
necessary substantiating data, such as Conditional
and Unconditional lien releases. We will review
this information for accuracy and completeness. If
acceptable, we will then make a recommendation for
the City’s approval and payment. We will also collect
and review other monthly contract requirements at
this time, such as updated project as built plans and
any required reports.
Certified Payroll Reports
UNICO will collect certified payroll reports from the
Contractor each month as part of the monthly pay
application process. We will also spot check these
submissions for accuracy and completeness. We
will perform employee interviews to confirm the
employees are receiving the required prevailing
wage.
Request for Information (RFI)
When an RFI is submitted by the Contractor, UNICO
will review it for completeness and verify that all
necessary information, such as detail and plan
references, is present. We will review the contract
documents and confirm that the RFI is a valid request,
and that the information is not already covered
somewhere in the contract documents. If it will help to clarify the issue, we will attach a picture or sketch to assist the design team to visualize the issue/concern.
Once submitted to the design team, we will track
the progress of RFI’s and follow up with the reviewer
regularly to expedite resolution of them. Timely
response to Contractor questions is critical to project success and claims mitigation.
Change Orders
UNICO will work closely with the City’s Project
Manager, design team, and the Contractor to
proactively seek agreement on the cost and schedule
impacts of contract change orders. We will diligently
observe and follow the City of Stockton’s guidelines
for processing contract change orders. Typical
procedures include:
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EXHIBIT A
CITY OF STOCKTON
Animal Shelter Renovation | Construction Management Services | 3
• First, we will verify the work involved is not part
of the original contract scope
.
• Once it is determined the work is outside the
scope of the contract, we will validate the
addition is justified. All potential change orders
will be logged. Potential change orders will be
monitored and discussed at weekly progress
meetings until they are settled.
•
Once it is determined a change order is justified,
we will perform a detailed estimate and time
impact analysis, if applicable
. We will document
the change order and provide a written
justification to the City to review and approve
.
• We will develop negotiation strategies for every
change order and present these findings/
strategies to the City’s Project Manager
.
• We will assist in negotiating the change orders.
• Once negotiated, we will prepare the applicable
change order documents, track, and route them
for necessary signatures. All fully e
xecuted
change orders will be logged.
Project Records
UNICO will utilize ShareFile to store all project
documents and allow easy access to authorized
project team members. Electronic copies of RFI’s,
submittals, meeting minutes, change orders,
correction notices, daily reports, photos, and weekly
statement of working days will be stored ShareFile.
We will coordinate with the City and establish a
project filing system to organize electronic files and
hard copies of all project documents. At project
closeout, we will provide the City a digital copy of all project documents in electronic format in addition to
the hard copy files.
Schedule Management
CPM will verify the contractor’s monthly schedule
update accurately reflects project status. At the
weekly meetings, we will utilize the Contractor’s
3 week look ahead schedule for a more granular
view of the overall project schedule and as a tool to
provide a level of planning and coordination for the
immediate future.
Construction Inspection
UNICO will monitor the contractor’s performance,
coordinate with the City’s Building Department
inspectors, and perform quality assurance inspections
to confirm the project is constructed in accordance
with the contract documents and manufacturer’s
recommendations.
We will promptly notify the contractor, in writing,
concerning any observed variances to the contract
requirements. We will provide copies of reports and
documentation of contract compliance to the City.
We will develop a Correction Notice form and log, to
formally notify the Contractor of any scope of work
that is not in compliance with the contract documents
and track its correction.
We will verify implementation of stormwater BMPs
and monitor the BMPs during construction to confirm
they are effective. We will advise the Contractor
and the City of any issues of non-compliance with
the National Pollution Discharge Elimination System
(NPDES).
Photo Log
UNICO will take photos/videos of the project site
throughout construction to provide visual records
of the project conditions, including, but not limited
to construction activities/equipment, traffic control,
construction sequencing, unsafe project conditions
requiring corrective action, and the final constructed
condition. We will take photos of specific materials or equipment to document compliance with the contract
documents and approved submittals.
As an optional service, UNICO can provide aerial
photos (drone imagery) to document construction
progress. Aerial photos provide unique insight into
construction since one photo can show progress
across the entire project site.
Daily Reports
UNICO will prepare, organize, and maintain
project records and daily reports to document the
construction related activities for the day. Project
records include material delivery logs, minutes of
field meetings, and inspection and testing records.
We will record details about site conditions, visitors, contractor personnel and subcontractors on site,
applicable equipment used, work activities started,
completed or in progress, activities scheduled but not
started/completed, inspections and tests completed,
delays, disruptions, and issues.
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EXHIBIT A
CITY OF STOCKTON
Animal Shelter Renovation | Construction Management Services | 4
Issues Management and Claims Mitigation
An issue is any occurrence that may have an impact
on project cost, time, or deliverables. Issues are given a tracking number and are logged as a potential
Change Order. Following the identification of an
issue, UNICO will track it closely and document
the details with photos, correspondence, inspector
reports and in our daily report. The potential
change order log will be printed weekly and will be
discussed at the weekly meeting. Any open issues
will be followed up on to resolve them as quickly as
possible. We will investigate and work to resolve any
potential claims.
Safety
Prior to commencement of any work, UNICO will
confirm that the Contractor has submitted a copy
of their safety plan. The safety plan should be
comprehensive and tailored to the specifics of this
project. During construction, we will monitor the
jobsite and identify potential safety issues. If there is an immediate safety hazard to a worker or the public,
we will take immediate action to halt the unsafe act
or make the situation safe. If we become aware that
the Contractor is not following their safety plan, we
will bring it to their attention, note it in our daily report, and notify the City. If the situation is not immediately rectified, we will collaborate with the City on what
course of action should be taken. We will report any
safety incidents to the appropriate parties.
Deliverables:
The deliverables will be submitted to the City:
•
Photos/videos of construction progress, and final
constructed conditions.
• Logs including but not limited to submittal log,
testing and special inspections log, issues/
potential change order log, contract change
order log, and closeout log,
•
Weekly meeting agendas and minutes
• Processed submittals
• Daily reports and photos
• Weekly statement of working days
• Quantity sheets and progress payment
recommendations
•
Change orders and supporting memorandums
• Reports documenting the results of materials
testing and special inspections
•
Monthly status reports
Task 3: Post-Construction Services
Project Closeout
Well in advance of substantial completion, as various
areas, rooms, or systems are progressing, UNICO
will utilize our logs and check lists, to inform the
Contractor as to what items are complete and what
items are outstanding, including materials testing
and special inspection requirements. We will discuss
these outstanding requirements in weekly progress
meetings and track Contractor progress towards
completing them.
When the scope of work is nearing substantial
completion, we will develop a preliminary punch
list for the Contactor to begin addressing. We will
schedule a meeting with the design team and
applicable City representatives for a formal punch
list inspection. We will incorporate outstanding items
from the preliminary punch list along with the items
from the City/design team walk into a formal punch
list. We will follow up on the completion of those
items by the Contractor in a timely manner.
At the conclusion of the project, we will review as
built drawings for completeness and review the
Contractor’s submitted O&M manuals, attic stock
materials and warranty information for compliance
with the contract documents. Electronic and physical
hard copies of the project files will be turned over to the City for their archives.
Deliverables:
The deliverables will be submitted to the City:
•
Electronic files and physical hard copies of as-
builts drawings and project files
Task 4: Materials Testing and Special
Inspections
We will provide and oversee BSK Associates (BSK)
as our subconsultant for materials testing and special
inspections. When requested by the Contractor, we
will ensure materials testing and special inspections
are performed by BSK.
EXHIBIT 2
EXHIBIT A
CITY OF STOCKTON
Animal Shelter Renovation | Construction Management Services | 5
UNICO Team Organizational Chart
The UNICO team will be staffed by tenured construction management professionals who are technically proficient in the management and inspection of federal, state, and locally-funded new building and facility improvement projects. Each team member is a clear communicator who will work closely with City staff, the design team, the Contractor, and project stakeholders during the course this project.
Construction Manager/
Resident Engineer
Rjahja Canlas, PE
UNICO Engineering
Construction Management T eam
Cesar Montes de Oca, PE
UNICO Engineering
Principal in Charge
Assistant Construction Manager/
Construction Inspector
Randall Castain, EIT
UNICO Engineering
Project Schedule Review
Suresh Rajagopalan, PSP
CPM Partners
Materials Testing
James Auser, PE
BSK Associates
• As Principal in Charge, Cesar Montes de Oca will be responsible for contract management, staffing resources, and client relations.
•
Rjahja Canlas will be the Construction Manager/Resident Engineer and will be responsible for contract management, quality oversight, regulatory compliance
and project coordination.
• UNICO’s Assistant Construction Manager/Construction Inspector , Randall Castain will be responsible for
assisting with project submittals, specification review, and pre-construction audits, as well as preparing quantity sheets, analyzing pay requests, developing, and maintaining project budgets, reviewing daily reports, and performing labor compliance. Randall will be responsible for inspection, daily reports, coordination with materials tester, verification of materials, and quantity reports. •
BSK Associates will be responsible for performing materials testing and special inspections. • CPM Partners will responsible for schedule review and oversight.
EXHIBIT 2
EXHIBIT A
80 Blue Ravine Road, Suite 250
Folsom, CA 9563
916-900-6623City of Stockton
Animal Shelter Renovation
Cost Proposal
BSK AssociatesUNICO Engineering CPM Partners
Cesar Montes de Oca
Principal in Charge
Rjahja Canlas
Construction Manager
Randall Castain
Assistant CM
Randall Castain
Assistant CM (PW)
Staff Senior Lead Scheduler
Staff Scheduler
Group 2 - Special Inspector
Group 3 - Engineering
Technician
Group 4 - Technician
Courier
Administrative Assistant
Project Manager
Registered Engineer
Principal
Bill Rate $269.41 $207.23 $136.00 $151.60 $237.16 $217.80 $212.31 $186.49 $165.10 $67.95 $100.26 $177.03 $227.97 $294.13 Task Description
1 Pre-Construction Services 20 20 20 20 15,963.82$
2 Construction Management Services 600 1800 1500 60 60 623,832.34$ 3 Post-Construction Services 40 40 20 20 22,828.44$
4 Materials Testing Services 120 24 36 12 11 8 4 1 40,437.60$ 0 660 1860 1500 100 100 120 24 36 12 11 8 4 1 703,062.20$ Totals
5,349.00$
5,349.00$
708,411.20$
Task #
Other Direct Costs
Materials Lab Testing
ODC Subtotal
Totals Hours Hours
8/13/2024
EXHIBIT 2
EXHIBIT B
EXHIBIT 2
EXHIBIT C
Insurance Requirements for Professional Services
Cons
ultant 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 SC
OPE AND LIMIT OF INSURANCE
Cov
erage shall be at least as broad as:
1. Com
mercial 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. Aut
omobile 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. Work
ers’ 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. Pro
fessional 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 t
he 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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EXHIBIT D
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 EXHIBIT 2
EXHIBIT D
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 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.
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 2
EXHIBIT D
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause 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, 3
rd Floor – HR
Stockton, CA 95202
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