P
rofessional Services Contract – WEST YOST & ASSOCIATES, INC.
PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)
PROFESSIONAL SERVICES CONTRACT
(for non-federal projects)
THIS CONTRACT is entered into this _ day of _ 2025, between the CITY OF STOCKTON, a municipal corporation (“City ”), a nd WEST YOST & ASSOCIATES, INC. whose address is 2020 RESEARCH PARK DRIVE, SUITE 100, DAVIS, CA 95618 (“Consultant”) for the PIPELINE UPSIZING – PRIORITY 1 AND 2 , PROJECT NO. UH22006 AND PROJECT NO. UH22007, hereinafter referred to as "Project".
RE
CITALS
A. C
onsultant 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. C
ity finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NO
W THEREFORE , in consideration of the mutual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:
1. SC
OPE 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. CO
MPENSATION. 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 $994,984 or as otherwise mutually agreed to in a Contract Amendment.
3. I
NSURANCE. 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 C and shall otherwise comply with the other provisions of EXHIBIT C.
4. I
NDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost
ATTACHMENT B
Pr
ofessional Services Contract – WEST YOST & ASSOCIATES, INC.
PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)
to def
end, City of Stockton and its officers, officials, employees, and volunteers from and 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 contract, 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. SCHE
DULE AND TERM. Consultant shall perform the scope of work as described in E XHIBIT A according to the schedule detailed in E XHIBIT B, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on JULY 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 c
ompletion 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. CONF
ORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
A. TITL
E VI
Ti
tle 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-civil-rights- act-of-1964
ATTACHMENT B
Professional Services Contract – WEST YOST & ASSOCIATES, INC.
PROJECT NO. UH22006 & UH22007
(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 D). 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
ATTACHMENT B
Pr
ofessional Services Contract – WEST YOST & ASSOCIATES, INC.
PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)
prom
inent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Shoul
d 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. PA
YROLL 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. APPR
ENTICESHIP 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. SA
NCTIONS
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.
ATTACHMENT B
Pr
ofessional Services Contract – WEST YOST & ASSOCIATES, INC.
PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)
7. RIG
HTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
8. OBL
IGATIONS OF 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. OW
NERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONT
RACT 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 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.
ATTACHMENT B
Prof
essional Services Contract – WEST YOST & ASSOCIATES, INC.
PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)
12. CONSUL
TANT STATUS. In 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 contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.
The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
A. If i
n 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 i
s 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 a
n 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. ASSI
GNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADING
S NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
15. NOTI
CES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To C
onsultant: West Yost & Associates, Inc. To City: Public Works Director 2020 Research Park Drive City of Stockton
Suite 100 22 E. Weber Ave., Rm. 301
Davis, CA 95618 Stockton, CA 95202
16. LICE
NSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or
ATTACHMENT B
Profes
sional Services Contract – WEST YOST & ASSOCIATES, INC.
PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)
activ
ity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
17. RECORDS AND AUDI
TS. City reserves the right to periodically audit all
charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.
Consult
ant 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. CONFIDE
NTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFLI
CTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIVE
R. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
21. GOVE
RNING 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 PERS
ONAL 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. INTEGR
ATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby
ATTACHMENT B
incorporated herei
n by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABILITY.
The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIG
HTS. 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.
IN WITNES
S WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOC
KTON WEST YOST & ASSOCIATES, INC.
By: By:
STEVE COLANGELO Signature
I
NTERIM CITY MANAGER
ATTEST:
Print Name
BY:
KATHERINE ROLAND, CMC, CPMC Title:
CITY CLERK
APPROVED AS TO FO
RM:
BY:
DEPUTY CITY ATTORNEY
Professional Services Contract – WEST YOST & ASSOCIATES, INC.
PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)
ATTACHMENT B
Elizabeth T. Drayer
Vice President
City of Stockton | Water Pipeline Upsizing - Priority 1 and 2 (Combined) | April 2, 2025 1
SCOPE OF WORK
Task 1. Project Management
1.1 PROJECT MANAGEMENT
West Yost will monitor progress of individual tasks and coordinate completion of work products, monitor task budgets, and project schedule. West Yost will provide monthly invoicing with progress reports.
West Yost will prepare and provide a comprehensive schedule to reflect the time frame for each task of the proposed scope of work utilizing Microsoft Project. The project schedule will show a base line, the tasks, duration, milestones, assignments, critical paths, and other relevant data (including all city procedural steps and an estimated construction schedule).
1.2 MEETINGS
West Yost will attend the project kick-off meeting and up to three additional design progress meetings following each design deliverable (phone conference). Meeting agendas and notes will be provided.
1.3 QA/QC
West Yost will perform internal Quality Assurance and Quality Control reviews of all design submittals.
Task 1 Deliverables:
■ Monthly invoices with brief progress reports
■ Meeting agendas and notes
■ Microsoft Project schedule, updated as necessary
Task 2. Preliminary Design
2.1 BACKGROUND RESEARCH AND UTILITY COORDINATION
West Yost will review existing information as described below:
■ Review existing topographic mapping, right-of-way maps, “as-built” plans, record maps, surveys, assessor maps, improvement plans, and conduct field reconnaissance of the project limits. ■ Following City review, send utility request letters (Utility Letter “A”) to all known utility companies to identify conflicts and coordinate with all utilities. Copies of utility correspondence will be provided for City files. ■ All utilities will be plotted from maps provided by the utility companies and verified by West Yost staff by visual surface inspection.
■ Review existing City maintenance records.
2.2 PUBLIC OUTREACH
West Yost will prepare all public notices and right-of-entry letters to be signed by private property owners, as required, to access private property during field reconnaissance and construction. West Yost will develop customized exhibits to portray the work to be done on private property. Coordination and/or meetings with the private property owners is excluded.
Additional optional services may be provided if authorized, such as attendance at public meetings, or preparation of additional outreach materials.
2.3 SURVEY
West Yost will work with our survey subconsultant, Siegfried Engineering, to obtain topographic survey within the Project areas. Surveyor will also perform boundary survey on properties where the water line is located on private property.
Preliminary Title Reports will be prepared for the 10 parcels where the water pipelines are believed to be located on private property and determine if any easements exist. Recommendations will be made for any additional easements that may need to be acquired to perform the pipeline replacement work. Surveyor will conduct record research necessary to determine existing monumentation locations within the project area and found monuments will be located. West Yost will identify, list, tie out survey monuments, and show existing survey monuments and easements on the construction plans.
EXHIBIT A
ATTACHMENT B
2 Surveyor will file all pre-construction Corner Records or Records of Survey with San Joaquin County and submit a copy to the City. The Corner Records or Record of Survey will show monuments within the area of construction reasonably subject to removal or disturbance not shown on a recent record document.
2.4 PRELIMINARY DESIGN REPORT
The purpose of the Preliminary Design Report (Report) is to illustrate the recommended alignment(s) of new waterlines and the advantages/disadvantages to alternate alignments, if any, such as separation from other utilities, water and non-potable pipeline separation requirements, traffic control requirements, and pavement replacement. The Report will include costs for the pipeline replacements and any alternate alignments. Costs will include all engineering, design, construction, and permit acquisition. West Yost will conclude with a decision matrix and a preferred final recommendation based on the following items:
■ Costs for recommended replacement alternatives.
■ Permit requirements.
■ Impacts to residential neighbors and businesses.
■ Minimal service disruptions.
Review comments generated by the City will be itemized and responded to in a comment matrix. The comment matrix will be attached as an appendix to the Final Report.
2.5 30% PLANS
West Yost will prepare one set of preliminary plan and profile design drawings. Drawings will incorporate survey basemap, utility mapping, and include 30% design in plan view only. 30% plans will be attached to the Preliminary Design Report.
Task 2 Assumptions:
■ One field investigation will be conducted for design. ■ Preparation of up to 10 right-of-entry letters and exhibits. ■ Coordination and/or meetings with private property owners is excluded. ■ Level of effort for public outreach assumes up to 37 hours of effort. ■ Limited boundary survey will be provided where pipeline is on private property only. ■ West Yost’s surveyor will provide their own minor traffic control, but work will not require lane closure traffic control or site-specific traffic control plans.
■ Design includes one set of construction documents covering all Priority 1 & 2 pipeline replacements. ■ Figures and/or plan sheets included with the Report will be prepared at a 30% design level.
Task 2 Deliverables:
■ West Yost will provide copies of all utility correspondence and coordination meeting minutes, if applicable. ■ Up to 10 public notices and right-of-entry forms with exhibits. ■ Up to 10 Preliminary Title Reports in electronic (PDF) format. ■ Two (2) hard-copies and one (1) electronic (PDF) format of Draft and Final Report. ■ Signed quality control checklist provided with the Draft and Final Report. ■ Review comments from the City with written responses itemized and attached to the Final Report.
EXHIBIT A
ATTACHMENT B
City of Stockton | Water Pipeline Upsizing - Priority 1 and 2 (Combined) | April 2, 2025 3 Task 3. Final Design
3.1 PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)
West Yost will prepare one complete PS&E package including design drawings, traffic control plans, bypassing schematics, specifications, and an engineer’s estimate in accordance with City Standards and CA MUTCD, as appropriate.
Base maps showing existing information to facilitate the design of all the necessary improvements will be based on the City’s latest benchmark information. The base map limits will be sufficient to cover all necessary improvements.
West Yost will identify impacts to residents and businesses such as service interruptions, property encroachments, access restrictions, potential damage and restoration, etc. and present mitigation measures on the design improvement plans.
West Yost will prepare a PS&E design package at the 50% and 90% design phases for the City to review and comment. At each design stage West Yost will review comments, incorporate changes into the following PS&E design package, and provide a matrix for comment responses. A 100% PS&E package will be provided to the City for a backcheck prior to preparing final stamped and signed PS&E and printing.
3.2 UTILITY COORDINATION
In coordination with the City, West Yost will develop letters (Utility Letter “B”) to the affected utility owners and send them the 50% design phase. Two sets of half-sized plans will be provided to each utility owners 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. A copy of the utility data obtained from utility owners will be provided to the City.
Following the 90% design phase, West Yost will develop letters (Utility Letter “C”) to the affected utility owners. Two sets of half-sized 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. West Yost will meet with utility companies throughout Final Design to identify conflicts and perform utility relocations, as necessary.
3.3 UTILITY LOCATING
West Yost will work with our utility locating subconsultant, 2M General Engineering, to locate potential utility conflicts using ground penetrating radar. 2M has budgeted 13 days for utility locating services and will generate a report documenting the utility locating technology used in the field, the utilities located on site, and project photos showing the utility markings.
Following utility locating services, the surveyor will perform additional survey to collect utility location data. This data will be reflected on the basemap shown on the improvement plans and used to prioritize and refine the recommendations for utility potholing during design.
3.4 POTHOLING
West Yost will work with our potholing subconsultant, 2M General Engineering, to perform up to three (3) days of utility potholing services. West Yost will be present on site to observe and document the utility findings. 2M will provide water for potholing equipment and backfill and fully restore pavement at pothole locations. Following completion of the work, a pothole report will be prepared to document the utilities located, the depth, pipe material, and pothole photos. The data will be incorporated into the basemap shown on the improvement plans and accounted for during design of the pipeline replacement.
3.5 EASEMENTS
West Yost will work with our survey subconsultant, Siegfried Engineering, to prepare up to seven (7) plat and legal descriptions for permanent or temporary easements required to construct the project. West Yost will coordinate with the City to approve the extent of any required easements. City staff will perform all easement acquisition activities.
EXHIBIT A
ATTACHMENT B
4 3.6 ENVIRONMENTAL DOCUMENTATION
West Yost anticipates that the Project will fall under a Categorical Exemption for CEQA documentation. We understand that Utility Master Plan Supplements, including the Water Master Plan Update dated January 2021, are considered a supplement to the City’s Envision Stockton 2040 General Plan Update, which had an Environmental Impact Report prepared pursuant to the provisions of CEQA. The City will issue, as applicable, a statement of Categorical Exemption and file with the appropriate lead agency and/or County. West Yost will review and incorporate the mitigation measures proposed in the Environmental Impact Report into the PS&E contract documents.
3.7 PERMITTING
This task includes permitting with affected agencies and utilities along the alignment. This project will require work within San Joaquin County. West Yost will coordinate with the County and prepare the necessary permit application for the pipeline replacement work and assist the City with negotiations relative to permit conditions, if required. West Yost will prepare exhibits and meet with the County as necessary. The City will sign and submit applications and pay any associated fees.
Written approval from the State Water Resources Control Board (SWRCB) is required for alternatives to the California Waterworks Standards for separation of water mains and non-potable pipelines. Should a variance from the required separation standards be necessary, West Yost will coordinate with the SWRCB Division of Drinking Water and prepare a written request.
Task 3 Assumptions:
■ Design includes one set of construction documents covering all Priority 1 & 2 pipeline replacements. ■ For the pipeline design, up to 35 plan and profile sheets and details drawings will be provided. ■ Up to 5 traffic control plans will be prepared following the typical applications in the CA MUTCD. ■ Up to 25 hours of effort for Task 3 utility coordination. ■ Up to 13 days of utility locating.
■ Up to 3 days of potholing activities, including engineering field observation, traffic control, and full pavement restoration. ■ West Yost’s utility locating and potholing consultant will provide their own minor traffic control, but work will not require lane closure traffic control or site-specific traffic control plans. ■ Project work will be categorically exempt for CEQA documentation. Statement of Categorical Exemption will be prepared and filed by the City.
■ Incorporation of the mitigation measures proposed in the EIR will require minimal effort. ■ Level of effort for permitting assumes up to 55 hours of effort including meetings, as necessary, with permitting authorities. ■ A Caltrans encroachment permit will not be necessary for the replacement along Garden Avenue. ■ Permit fees will be paid by the City.
Task 3 Deliverables:
■ One (1) electronic (PDF) format of the PS&E design package at the 50%, 90%, and 100% design phases. ■ Signed quality control checklist provided with all PS&E design package deliverables. ■ Electronic format of the stamped and signed 24”x36” final plans (PDF) as well as printed on Mylar. ■ Electronic format of the stamped and signed final specifications (Word and PDF). ■ Electronic format of the stamped and signed final cost estimate (Excel and PDF). ■ Drawing files in AutoCAD and PDF format.
■ West Yost will provide copies of all utility correspondence and coordination meeting minutes, if applicable. ■ Utility Locating Report.
■ Pothole Report.
■ Up to 7 draft plat and legal descriptions for City review. Stamped and signed final plat and legal descriptions will incorporate any draft comments.
■ Permit applications for City signature.
■ SWRCB separation standards variance request letter, as necessary.
EXHIBIT A
ATTACHMENT B
City of Stockton | Water Pipeline Upsizing - Priority 1 and 2 (Combined) | April 2, 2025 5 Task 4. Engineering Services During Construction
4.1 BID SUPPORT SERVICES
West Yost will be available and able to respond to questions concerning the PS&E prior to bid opening and prepare contract addendum. West Yost will also provide supplemental project drawings as needed.
4.2 PRECONSTRUCTION MEETING
West Yost will attend one preconstruction meeting. The preconstruction meeting will be led by the City or their designated Construction Manager.
4.3 SUBMITTALS AND RFIS
West Yost will review shop drawings, submittals and RFIs, and prepare clarification sketches, if required.
4.4 FIELD OBSERVATIONS
In addition to the preconstruction meeting, West Yost will attend up to three meetings on site to perform field observations as requested by the City during the construction period.
4.5 RECORD DRAWINGS
After completion of the construction, West Yost will incorporate the red lines (provided by contractor) into one complete set of record drawings in AutoCAD. Changes will be reflected either on the Final PS&E mylar plans by hand, or a new set of record drawings will be printed on mylar.
Task 4 Assumptions:
■ Task 4 scope and fee assumes one construction contract. ■ West Yost will prepare up to one (1) bid addendum, if necessary. ■ West Yost will review up to 20 original submittals, up to four re-submittals, and up to four RFIs. ■ West Yost will attend up to three meetings on site during construction. ■ Construction administration and inspection services will be provided by others.
Task 4 Deliverables:
■ Written summaries of discussions with bidders.
■ Electronic copy of addendum.
■ Responses to submittals, as required.
■ Responses to RFIs and clarifications, as required.
■ One set of 24”x36” Record Drawings on Mylar.
■ Electronic files containing Record Drawings in AutoCAD and PDF format.
EXHIBIT A
ATTACHMENT B
Costs
West Yost Associates P PE/PS/PG II SE/SS/SG I PE/PS/PG II SE/SS/SG I ESG II ESG I CAD II TS II ADM IV P Hours Fee SIG 2ME Sub. Other Total $380 $345 $292 $345 $292 $219 $189 $198 $228 $171 $380 w/ markup Direct Costs PROJECT: Stockton Water Pipeline Upsizing - Priority 1 & 2: UH22006 and UH22007 Jeff Robert Lindsey Kelly Sandrine Zubaidah Aaron Olga Max Christine 10% Task 1 Project Management
1.1 Project Management 16 102 32 32 182 56,248$ 56,248$
1.2 Meetings 25 25 25 6 81 24,251$ 400$ 24,651 $
1.3 QA/QC 48 48 18,240$ 18,240$
Subtotal, Task 1 (hours) 16 0 127 57 57 0 0 0 0 6 48 311 Subtotal, Task 1 ($) 6,080$ 37,084$ 19,665$ 16,644$ 1,026$ 18,240$ 98,739$ 400$ 99,139 $ Task 2 Preliminary Design
2.1 Background Research and Utility Coordiantion 4 8 13 13 13 13 17 2 83 21,009$ 100$ 21,109 $
2.2 Public Outreach 2 3 3 2 2 23 35 7,865$ 7,865$
2.3 Survey 4 2 2 8 1,984$ 82,635$ 90,899 $ 92,883$
2.4 Preliminary Design Report 4 16 17 17 9 9 12 4 88 23,613$ 300$ 23,913 $
2.5 30% Plans 18 90 90 90 80 80 180 628 158,100$ 100$ 158,200 $ Subtotal, Task 2 (hours) 0 26 120 123 123 106 106 232 0 6 0 842 Subtotal, Task 2 ($) 8,970$ 35,040$ 42,435$ 35,916$ 23,214$ 20,034$ 45,936$ 1,026$ 212,571$ 82,635$ 90,899 $ 500$ 303,970 $ Task 3 Final Design
3.1 Plans, Sepcifications, and Estimates (PS&E) 40 208 233 233 180 180 360 21 1455 372,465$ 1,200$ 373,665$
3.2 Utility Coordination 5 4 4 4 4 4 25 6,324$ 200$ 6,524$
3.3 Utility Locating 5 3 3 11 3,371$ 36,400$ 40,040 $ 43,411$
3.4 Potholing 2 5 5 30 42 9,439$ 49,000$ 53,900 $ 300$ 63,639 $
3.5 Easements 8 2 2 12 3,152$ 12,717$ 13,989 $ 17,141$
3.6 Environmental Documentation 2 2 4 1,274$ 1,274$
3.7 Permitting 7 10 10 14 14 55 14,126$ 200$ 14,326 $ Subtotal, Task 3 (hours) 0 40 235 257 257 200 230 360 21 4 0 1604 Subtotal, Task 3 ($) 13,800$ 68,620$ 88,665$ 75,044$ 43,800$ 43,470$ 71,280$ 4,788$ 684$ 410,151$ 12,717$ 85,400$ 107,929 $ 1,900$ 519,980$ Task 4 Engineering Services During Construction
4.1 Bid Support Services 2 12 5 5 8 4 36 9,875$ 9,875$
4.2 Preconstruction Meeting 2 6 8 2,654$ 100$ 2,754$
4.3 Submittals and RFIs 8 20 34 34 16 16 128 36,786$ 36,786$
4.4 Field Observations 7 6 6 19 4,863$ 100$ 4,963$
4.5 Record Drawings 4 6 6 48 8 72 16,318$ 1,200$ 17,518$ Subtotal, Task 4 (hours) 0 10 38 58 45 22 22 56 12 0 0 263 Subtotal, Task 4 ($) 3,450$ 11,096$ 20,010$ 13,140$ 4,818$ 4,158$ 11,088$ 2,736$ 70,496$ 1,400$ 71,896$ TOTAL (hours) 16 76 520 495 482 328 358 648 33 16 48 3,020 TOTAL ($) 6,080$ 26,220$ 151,840$ 170,775$ 140,744$ 71,832$ 67,662$ 128,304$ 7,524$ 2,736$ 18,240$ 791,957$ 95,352$ 85,400$ 198,827 $ 4,200$ 994,984$ Labor
City of Stockton | Water Pipeline Upsizing - Priority 1 and 2 (Combined) | April 2, 2025
EXHIBIT B
ATTACHMENT B
5 (Effective January 1, 2025, through December 31, 2025)*
POSITIONS
ENGINEERING
Principal/Vice President $373
Engineer/Scientist/Geologist Manager I / II $352 / $369 Principal Engineer/Scientist/Geologist I / II $317 / $338 Senior Engineer/Scientist/Geologist I / II $286 / $300
Associate Engineer/Scientist/Geologist I / II $237 / $255 Engineer/Scientist/Geologist I / II $185 / $215
Engineering Aide $111
Field Monitoring Services $138
Administrative I / II / III / IV $102 / $127 / $152 / $168
ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $366 / $369
Principal Tech Specialist I / II $336 / $348
Senior Tech Specialist I / II $308 / $321
Senior GIS Analyst $278
GIS Analyst $264
Technical Specialist I / II / III / IV $196 / $224 / $251 / $280 Technical Analyst I / II $141 / $168
Technical Analyst Intern $113
Cross-Connection Control Specialist I / II / III / IV $147 / $159 / $179 / $198 CAD Manager $222
CAD Designer I / II $172 / $194
CONSTRUCTION MANAGEMENT
Senior Construction Manager $355
Construction Manager I / II / III / IV $211 / $226 / $239 / $303 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $190 / $211 / $235 / $244 Apprentice Inspector $172
CM Administrative I / II $91 / $124
Field Services $244
2025 Billing Rate Schedule
LABOR CHARGES (DOLLARS PER HOUR)
■ Hourly rates include charges for technology and communication, such as general and CAD computer software, te
lephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as en
gineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to wh
en the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rat
es. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid
within 45 days from the date of the invoice.
* This schedule is updated annually Page 1 of 2
*This schedule is updated annually.
EXHIBIT B
ATTACHMENT B
6 (Effective January 1, 2025, through December 31, 2025)* Equipment Charges
EQUIPMENT
2" Purge Pump & Control Box $300 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Field Vehicles (Groundwater) $1.02 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Back Pack $135 / day
Low Flow Pump Controller $200 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter 300ft $30 / day
Precision Water Level Meter 500ft $40 / day
Precision Water Level Meter 700ft $45 / day
QED Sample Pro Bladder Pump $65 / day
Skydio 2+ Drone (2 hour mimimum) $100 / hour
Storage Tank $20 / day
Sump Pump $24 / day
Transducer Communications Cable $10 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $30 / day
Turbidity Meter (2100Q Portable) $35 / day
Vehicle (Construction Management) $10 / hour
Water Flow Probe Meter $20 / day
Water Quality Meter $50 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day
BILLING RATES
2025 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2
*This schedule is updated annually.
EXHIBIT B
ATTACHMENT B
Insuran
ce Requirements
(Pipeline Upsizing – Priority 1 and 2, Project No. UH22006 and UH22007) Consulta
nt 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
Coverag
e shall be at least as broad as:
1. Commer
cial 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. Automo
bile 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’ C
ompensation 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. Profess
ional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the C
onsultant 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 Ins
urance Provisions
The insur
ance policies are to contain, or be endorsed to contain, the following provisions:
EXHIBIT C
ATTACHMENT B
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
EXHIBIT C
ATTACHMENT B
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self-ins
ured 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 (Professional & Pollution only)
If any of the required policies provide claims-made coverage:
1. The Retro
active 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.
Verification of Coverage
EXHIBIT C
ATTACHMENT B
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.
Certifica
te Holder Address
The addr
ess for mailing certificates, endorsements and notices shall be:
City of
Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT C
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B
EXHIBIT D
ATTACHMENT B