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® CITY COUNCIL
AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
❑ SUCCESSOR AGENCY
REPORT ® BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: Engineering Item No: C4
Prepared by: Erin Adams, Management Analyst Meeting Date: September 27, 2022 Greg Mayer, City Engineer
Approved by: Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: FIRST AMENDMENT TO CONTRACT FOR AS-NEEDED PROFESSIONAL
GEOTECHNICAL ENGINEERING, MATERIALS TESTING, AND CONSTRUCTION
INSPECTION SERVICES
RECOMMENDATION: Adopt City Council Resolution No. 2022- , and Buena Sanitation District Resolution No. 2022- , approving the first amendment to the contract with Vinje & Middleton Engineering, Inc. for as-needed professional geotechnical engineering, materials testing, and construction inspection services.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On January 14, 2020, adopted City Council Resolution No. 2020-7, and Buena Sanitation District Resolution No. 2020-3 approving a contract with Vinje & Middleton Engineering, Inc. for As-Needed Professional Geotechnical Engineering, Materials Testing, and Construction Inspection Services (Vote: 5-0).
On June 28, 2022, adopted City Council Resolution No. 2022-108, and Buena Sanitation District Resolution 2022-17, adopting a Capital Project Budget for Fiscal Years 2022/23 and 2023/24 (Vote: 4-0, Mayor Ritter absent).
STATEMENT ON THE SUBJECT: In January 2020, the City Council and Buena Sanitation District Board approved an as-needed contract with Vinje & Middleton Engineering, Inc. (Vinje) for professional geotechnical engineering, materials testing, and construction inspection services. The contract was approved with a $300,000 compensation ceiling. The contract was executed due to the significant number of capital improvement projects that were planned in the forthcoming years. The pace of construction of City capital projects continues to grow, subsequently increasing the need for contracted surveying services.
Since the approval of the original contract, Vinje has continually provided expert services. Staff has been pleased with the level of service and recommends amending the contract. The amendment would increase the compensation ceiling and extend the term to continue to support City capital projects.
Staff recommends that City Council and Buena Sanitation District Board approve an amendment to the contract with Vinje for as-needed professional geotechnical engineering, materials testing, and ACTION: Approved above recommendation, adopted the following: 1) City Council Resolution No. 2022-140; and 2) Buena Sanitation District Resolution No. 2022-19. Vote: 5-0 Clerk/Se etary
09/27/2022 C4 Page 1 of 35
MEETING DATE: September 27, 2022 PAGE 2 SUBJECT: FIRST AMENDMENT TO CONTRACT FOR AS-NEEDED PROFESSIONAL
GEOTECHNICAL ENGINEERING, MATERIALS TESTING, AND CONSTRUCTION
INSPSECTION SERVICES
construction inspection services. The approval of the first amendment will increase the contract ceiling by $300,000, for a new contract ceiling of$600,000, and extend the term of the contract to January 2025.
FISCAL IMPACT: The Fiscal Years 2022/23 and 2023/24 Capital Project Budget includes adequate funding for surveying services for current projects. Future capital budgets will include funding for the remaining term of the as-needed contract. Surveying services provided under the recommended amendment will be charged to specific capital improvement projects as-needed. There is no impact to the General Fund.
EXHIBITS:
1. City Council Resolution 2022- , approving the first amendment to the contract with Vinje & Middleton Engineering, Inc. for as-needed professional geotechnical engineering, materials testing, and construction inspection services
2. Buena Sanitation District 2022- , approving the first amendment to the contract with Vinje & Middleton Engineering, Inc. for as-needed professional geotechnical engineering, materials testing, and construction inspection services
3. First Amendment to contract with Vinje & Middleton Engineering, Inc.
4. Original contract with Vinje & Middleton Engineering, Inc. 09/27/2022 C4 Page 2 of 35
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE CONTRACT WITH VINJE & MIDDLETON ENGINEERING, INC. FOR AS-
NEEDED PROFESSIONAL GEOTECHNICAL ENGIEERING, MATERIALS
TESTING, AND CONSTRUCTION INSPECTION SERVICES
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On January 14, 2020, the City of Vista entered into a contract with Vinje & Middleton Engineering, Inc. for as-needed professional geotechnical engineering, materials testing, and construction inspection services.
B. The City desires to amend the contract with Vinje & Middleton Engineering, Inc. to increase the contract by $300,000 for a new contract ceiling of$600,000 and extend the term of the contract to January 14, 2025.
2. Action.
A. The First Amendment to the contact between the City of Vista and Vinje & Middleton Engineering, Inc. for as-needed professional geotechnical engineering, materials testing, and construction inspection services is approved, and the Mayor is authorized to execute the amendment.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on September 27, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20220915162308
000292137 EXHIBIT 1
09/27/2022 C4 Page 3 of 35
RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
BUENA SANITATION DISTRICT, APPROVING THE FIRST AMENDMENT TO THE CONTRACT WITH VINJE & MIDDLETON ENGINEERING, INC. FOR AS-
NEEDED PROFESSIONAL GEOTECHNICAL ENGIEERING, MATERIALS
TESTING, AND CONSTRUCTION INSPECTION SERVICES
The Board of Directors of the Buena Sanitation District does resolve as follows:
1. Findings. The Board of Directors hereby finds and declares the following:
A. January 14, 2020, the Buena Sanitation District entered into a contract with Vinje & Middleton Engineering, Inc. for as-needed professional geotechnical engineering, materials testing, and construction inspection services.
B. The District desires to amend the contract with Vinje & Middleton Engineering, Inc. to increase the contract by $300,000 for a new contract ceiling of$600,000 and extend the term of the contract to January 14, 2025.
2. Action.
A. The First Amendment to the contact between the Buena Sanitation District and Vinje & Middleton Engineering, Inc. for as-needed professional geotechnical engineering, materials testing, and construction inspection services is approved, and the Chairperson is authorized to execute the amendment
3. Adoption. PASSED AND ADOPTED at a meeting of the Board of Directors of the Buena Sanitation District held on September 27, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, CHAIRPERSON
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, DISTRICT COUNSEL KATHY VALDEZ, CLERK OF THE BOARD By: By:
APPROVED
Walter C.Chung
20220915162535
000563935 EXHIBIT 2
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FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA,
BUENA SANITATION DISTRICT AND VINJE & MIDDLETON ENGINEERING, INC. FOR AS-NEEDED PROFESSIONAL GEOTECHNICAL ENGINEERING,
MATERIALS TESTING, AND CONSTRUCTION INSPECTION SERVICES THIS FIRST AMENDMENT ("First Amendment") to the Contract between the City of Vista, the Buena Sanitation District, and Vinje & Middleton Engineering, Inc., dated January 14, 2020 ("Contract"), is made and entered into as of ("First Amendment Date"), by and between the City of Vista, a chartered municipal corporation ("City"), Buena Sanitation District, a County Sanitation District ("District") and Vinje & Middleton Engineering, Inc., a California corporation ("Contractor").
Recitals: City, District, and Contractor now desire to enter into a First Amendment to the Contract by modifying the terms of the Contract.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City, District, and Contractor agree as follows:
1. Section 2.6 is amended increase the contract ceiling by $300,000 to a new total contract ceiling of$600,000.
2. Section 3 of the Contract is amended to extend the term of the Contract to January 14, 2025.
3. All other conditions of the Contract shall continue in full force and effect. [Continued on Page 2.]
000250505
EXHIBIT 3
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Contract Amendment
IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of the First Amendment Date.
CITY OF VISTA, a chartered municipal VINJE & MIDDLETON ENGINEERING, corporation INC., a California corporations
3 SY
JUDY RITTER, MAYOR By '
BUENA SANITATION DISTRICT, a County NAME/Zitl 6�11CC� Sanitation District
By: NAME/Title ctmm r(ed(o
JUDY RITTER, CHAIRPERSON �O
.Sec r�
ATTEST:
KATHY VALDEZ, CITY CLERK/CLERK OF THE
BOARD
By:
APPROVED AS TO FORM:
WALTER CHUNG,ACTING CITY ATTORNEY/
ACTING DISTRICT COUNSEL
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By-.
APPROVED
Walter C.Chung
20220811143900
00025050 5
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CONTRACT FOR PROFESSIONAL SERVICES
AS-NEEDED PROFESSIONAL GEOTECHNICAL ENGINEERING, MATERIALS TESTING,
AND CONSTRUCTION INSPECTION SERVICES
THIS "CONTRACT" is entered into by and between the "Parties" as of if\ ro 2b2� ("Contract Date").
1.0 THE "PARTIES"
The "City": The "Contractor"
CITY OF VISTA, a chartered municipal Vinje & Middleton Engineering, Inc., a corporation California corporation
and 2450 Auto Park Way
BUENA SANITATION DISTRICT, a County Escondido, CA 92029 Sanitation District
200 Civic Center Drive Contact: Ralph M. Vinje
Vista, CA 92084
Working Contact: Michael Hilker
Billing Contact: Erin Adams
2.0 BASIC TERMS
2.1 The "Services" to be performed by Contractor are set forth in ("Exhibit A").
2.2 The "Required License"for the Services is: California Registered Professional Civil Engineer and California Registered Certified Engineering Geologist.
2.3 Contractor, an entity holding the Required License, desires to enter into this "Contract" with City for the Services.
2.4 The "Project"for which the Services are required is described in Exhibit A.
2.5 Contractor has submitted to City a Proposal to perform the Services dated November 1, 2019 ("Exhibit B").
2.6 The "Contract Ceiling Price" is: $300,000.00.
2.7 This Contract requires the payment of prevailing wages. As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the Labor Law Compliance Form (Exhibit D).
3.0 CONTRACT TERM
3.1 This Contract shall take effect as of the Contract Date.
3.2 This Contract shall be in effect for 36 calendar months ("Term")from the Contract Date. The Term may be extended at the City's option for an additional 24 months, in increments of City's choice, for a maximum Term of 60 months from the Contract Date. 000803182 1 of 10 VINJE&MIDDLETON ENGINEERING,INC.
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EXHIBIT 4
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3.3 City may terminate this Contract upon 30-days' written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished and installed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.
5.0 COMPENSATION
5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.
5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
5.3.1 The changes, additions, and deductions to be made.
5.3.2 The increase or decrease in compensation due the Contractor, if any.
5.3.3 Adjustment in the time of completion, if any.
5.4 Contract Ceiling Price
5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.
5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to 000803182 2 of 10 VINJE&MIDDLETON ENGINEERING,INC.
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this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.
6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A—E and the Standard Specifications (defined below).
7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES All Services under the Contract must be completed in compliance with the schedule in Exhibit A.
8.0 ASSISTANCE BY CITY
All information, data, records, reports and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records reports and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records reports, and maps be inaccurate, incomplete or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.
9.0 STANDARD OF PERFORMANCE
9.1 Contractor represents and warrants that it has the training, qualifications, experience and facilities necessary to properly perform the Services required under this Contract in a thorough, competent and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.
9.2 Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.
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10.0 STANDARD SPECIFICATIONS AND STANDARD PLANS
10.1 Except as otherwise provided, whenever reference is made to "Standard Specifications", it shall mean:
Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee ("Greenbook") and the City of Vista Special Provisions to the Greenbook.
10.2 Except as otherwise provided, whenever reference is made to "Standard Plans", it shall mean:
San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.
11.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:
Cam: The City of Vista.
Board: The City Council of the City of Vista.
Drawings or Plans: All drawings, plans, maps, profiles and diagrams delineating the work on the Services.
12.0 CONTRACTOR'S STATUS; CONTRACTOR'S EMPLOYEES
12.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership,joint venture, or association between City and Contractor.
12.2 Contractor represents and warrants that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.
12.3 Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights.
12.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the 000803182 4 of 10 VINJE&MIDDLETON ENGINEERING, INC.
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eligibility for employment of all of Contractor's officers, employees, agents and subcontractors that are included in this Contract.
12.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.
12.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.
13.0 CIVIL RIGHTS
13.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.
13.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person's race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.
13.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.
13.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.
13.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.
13.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.
13.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also 000803182 5 of 10 VINJE&MIDDLETON ENGINEERING, INC.
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indemnify„ defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor's officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.
14.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party ("Representative"). Any written or verbal directions or requests of City's Representative delivered to the Contractor's Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
15.0 ASSIGNMENT AND SUBCONSULTING
15.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
15.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager's designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager's designee.
16.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state or local law, Contractor 000803182 6 of 10 VINJE&MIDDLETON ENGINEERING,INC.
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warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.
17.0 FINANCIAL' RECORDS
17.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor's performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.
17.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.
18.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.
19.0 CONFIDENTIALITY
19.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.
19.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor's scope of Services. Contractor will not disclose any information prepared for City, or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.
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19.3 Contractor's obligations under this paragraph shall survive the termination of this Contract.
20.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively"Conflict Laws"). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk. Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.
21.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term "City Official" shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.
22.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, "Liability") arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by City's sole negligence or willful misconduct; or(2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law ("Duty of Indemnification").
23.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C. 000803182 8 of 10 VINJE&MIDDLETON ENGINEERING,INC.
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24.0 SERVICE OF NOTICE
24.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party's Representative or by overnight courier service to the Party's address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
24.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
28.0 PREVAILING WAGES
Pursuant to Section 1781 of the Labor Code, Contractor is advised that certain work contemplated in this contract may be subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Contractor shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774-1776 of the Labor Code in regards to payment of prevailing wages and to provide the City and the Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.
No Contractor or sub-Contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors and sub-Contractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work 000803182 9 of 10 VINJE&MIDDLETON ENGINEERING,INC.
Professional Services—RFP—Prevailing Wages
09/27/2022 C4 Page 15 of 35
contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
29.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
30.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
"City" "Contractor"
CITY OF VISTA, a chartered municipal VINJE & MIDDLETON ENGINEERIN(?� corporation INC., a Calif or is orporation ;' By: B ✓ �
� f
JUDY IT MAYOR
BUENA SANITATION DISTRICT, a County
Name/Title
Sanitation District
f l
By:
B J
JUDY I ER, MAYOR �� I ' (c� t'Y1cti(`I�l(� ��r •seC-r��r� ATTEST: Name/Title
KATHY VALDEZ, CITY CLERK/CLERK OF THE
BOARD
By:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY/DISTRICT
COUNSEL
By:
9 RISK MANAGEMENT REVIEW:
DOLO S ASCON, RISK MANAGER
By:
APPROVED
Darold Pieper
20191212093919
000803182 10 of 10 VINJE&MIDDLETON ENGINEERING,INC.
Professional Services—RFP—Prevailing Wages
09/27/2022 C4 Page 16 of 35
EXHIBIT A
REQUEST FOR PROPOSALS
000803182 Exhibit A
09/27/2022 C4 Page 17 of 35
REQUEST FOR QUALIFICATIONS (RFQ)
0000
CITY OF VISTA
BUENA SANITATION DISTRICT
AS-NEEDED PROFESSIONAL GEOTECHNICAL
ENGINEERING, MATERIALS TESTING, AND
CONSTRUCTION INSPECTION SERVICES
Engineering Department
Michael Hilker, Capital Projects Manager
200 Civic Center Drive
Vista, CA 92084
(760) 643-5428
mhilkerOa-cityofvista.com
Submittal Deadline:
November 5, 2019 at 2:00 P.M.
City Clerk's Office, 2"d Floor
09/27/2022 C4 Page 18 of 35
CITY OF VISTA REQUEST FOR QUALIFICATIONS
AS-NEEDED PROFESSIONAL GEOTECHNICAL ENGINEERING, MATERIALS
TESTING, AND CONSTRUCTION INSPECTION SERVICES
I. INTRODUCTION AND OVERVIEW
The City of Vista (City) and Buena Sanitation District (District) are requesting statements of qualifications (SOQ)from geotechnical engineering consulting firms (Consultant) to provide professional geotechnical engineering, materials testing, and construction inspection services under a non-exclusive agreement on an as- needed (or on-call) basis. From the SOQs received, up to two (2) consulting firms will be selected to provide the requested services. The City and District intend to enter into a three (3) year Professional Services Agreement (Agreement) with the selected Consultant(s), with the option of one additional two-year time extension at the City's and District's discretion. Services provided under the contract shall not exceed $300,000 over the term of the agreement.
Over the term of the agreement, a specific project request will be sent to the Consultant by the City and/or District for a proposal outlining the scope of work, cost, and schedule. Once the Consultant's scope and cost proposal is reviewed and accepted, a purchase order will be prepared by the City or District. The Consultant will commence work after receipt of a Notice to Proceed by City and District staff. The City and District will be responsible for the management of the Consultant's work regardless of the source funding.
Special Requirements
The selected consulting firm must have the ability to comply with requirements for all applicable prevailing wage laws. The City reserves the right to utilize other consultants for specific components of a project.
II. PROJECT DESCRIPTION AND SCOPE OF WORK
The City and District is seeking qualified Consultants with extensive experience in geotechnical engineering. The selected Consultant shall provide a variety of professional geotechnical engineering, materials testing, and construction inspection services to support the City and District. The following shall be adhered to during the term of the agreement:
Perform 3rd party reviews for private development projects:
1. Review geotechnical reports, grading plans, public improvement plans, and specifications for individual projects within ten business days. 09/27/2022 C4 Page 19 of 35
2. Provide geotechnical and geological support to the Community Development and Engineering Department staff by telephone, email, or in person as requested.
Perform geotechnical and geologic related work for City and District Capital Improvement Projects including but not limited to:
1. Geotechnical investigations for public and sewer improvements including appropriate laboratory testing of representative samples of the soils encountered. Laboratory tests may include in-situ moisture content and density, maximum density and optimum moisture content, sieve analysis, soil classification, expansion index, R-value, direct shear, corrosivity testing, or other testing as requested.
2. Seismic analysis including slope stability, retaining walls, liquefaction.
3. Provide recofTlfTler Ida UUHS IUf gFOU 1d slablliza ion, rerneudial grading and earthwork including compaction, excavation and backfill for trenches, trench support, dewatering.
4. Asphalt concrete and concrete pavement design.
5. Provide quality assurance and quality control (QA/QC)field inspections and material testing in accordance with the latest edition of the Standard Specifications for Public Works Construction (Greenbook), California Building Codes, and Caltrans Standard Specifications. Submit daily field reports to the City and/or District including a final report at project completion.
6. Provide general QA/QC inspection for conformance with project plans and specifications. Communicate effectively both orally and in writing, inspecting all types of public improvements including street improvements, sewer, storm drain, pump stations, lighting and traffic signals, and other wet/dry utilities.
7. Perform tests on various construction materials as required by the City.
8. Provide geotechnical and geological support to the City and District staff by telephone, email, or in person as requested.
Reporting of test results to the City and/or District:
1. The Consultant shall respond and perform requested sampling and/or testing within 24 hours of notice.
09/27/2022 C4 Page 20 of 35
2. When aggregate is sampled at the material source, the laboratory firm shall submit the results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soils and aggregate are sampled at the job site, results of these tests should be submitted within 72 hours.
3. Results of compaction and density tests taken at the job site should be submitted within 24 hours.
4. When soil and asphalt concrete is sampled at the project site, R-value and asphalt extraction should be submitted within 96 hours.
5. All inspection reports shall be provided to the City within one (1) business day and shall include results of all tests taken that day (i.e. compaction results, etc.)
III. CONTENT OF SOQ
In order to maintain uniformity with all SOQs furnished by Consultants, it is hereby requested the SOQs be limited to a maximum of 10 pages (excluding front and back covers, section dividers, detailed resumes and other requested documents that are specifically excluded) and include the following:
1. A cover letter and table of contents;
2. A description of the PROJECT TEAM and an ORGANIZATION CHART identifying those who will perform work and a brief resume of each team member, including similar type projects in which they have been directly involved. Identify the Principal, Project Manager (PM), and other important staff members proposed for this project. The PM will be the primary contact person to represent your firm and will be the person to conduct the presentation, if interviews are conducted. Sub-consultants, if any, shall be identified with the same requirements as for the prime consultant. The Consultant shall submit detailed resumes for team members as an attachment (not a part of the 10 pages);
3. A PROJECT UNDERSTANDING statement describing the project approach and containing any suggestions or special concerns that the City should address for a successful project;
4. An abbreviated list of PROJECT REFERENCES which your firm completed within the last 5 years. Project information should include project description, agency or client name along with the name of the person to contact and their telephone number(s), initial and actual schedule completion dates for Consultant's work, and initial and final Consultant's fee. The consultant shall provide a minimum of 3 references for similar projects. At a minimum, each reference shall include, client, contact name, contact phone number and projects completed for the client;
09/27/2022 C4 Page 21 of 35
5. A description of Consultant's current workload and the schedule that will be used to accommodate the tasks on City project;
6. Examples of the firm's work product, including a sample of a Geotechnical Report Review letter;
7. A narrative rendition of the typical geotechnical investigation tasks for a street widening project that includes storm drain and sewer improvements.
Describe how all required tasks will be completed;
8. A statement regarding the Consultant's concurrence with the City's Standard PROFESSIONAL SERVICES AGREEMENT and INSURANCE REQUIREMENTS. The Consultant shall include a detailed description of all clauses and phrases that it deems unacceptable and a detailed description of what changes would be requested if the City opened negotiations with the Cvi iaunai n,
9. Detailed resumes of key staff members (not a part of the 10 pages) and;
10.Rate Schedule (separate sealed envelope)
a. Billing - The City requires that all billing for work done by the end of billing period be submitted to the City on a monthly basis. Each billing shall be submitted with a status report describing work performed.
Billings attributed to the appropriate capital construction project and charges shall be clearly assigned and totaled for each active project account. Final billing will be approved for payment only after a completed status report has been approved by the City.
b. Overtime Pay - List procedures used for applying overtime rate for non-exempt employees. Indicate the normal hours of work and overtime rate for non-exempt employees.
c. Rate Schedule - Include rate schedule of professional staff, services, and tests. Service costs are to be provided on a per hourly basis.
Proposed rates shall clearly correlate with names and classifications of staff likely to be involved with the projects
Five (5) hard copies (one original and 4 copies), and one electronic PDF copy of the consultant's SOQ must be submitted, with all copies having been signed by an official with the power to bind the company in its SOQ and must acknowledge the RFQ has been read and understood. The consultant shall not use three-ring binders or binding of any type for the SOQs. In addition, the bill rates and cost loaded work plan must be submitted in a separate, sealed envelope. To be considered, all SOQs shall be completely responsive to the RFQ.
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IV. CONSULTANT REQUIREMENTS
As required by Article 2 of Chapter I of Part 7 of Division 2 of the California Labor Code, the Consultant and all subconsultants shall pay not less than the prevailing rate of wages to all workmen employed in the execution of this Contract as ascertained and adopted by the State of California, Director of Industrial Relations pursuant to the Labor Code.
The Consultant and all subconsultants shall have a City of Vista Business License prior to award of contract. Business licenses can be obtained at www.vistabi.com .
A City of Vista Business License is not required to propose.
The selected Consultant shall provide professional engineering consulting services based on their specialized knowledge, skills, and abilities, at the request of the City and District, on an as-needed basis. The selected Consultant shall also be expected to comply with all applicable federal, state, and local regulations, and contract provisions.
Consultant shall carry out the instructions received from the City and/or District and shall cooperate with other involved agencies if required.
The Consultant has total responsibility for the accuracy and completeness of the documents prepared and shall check all such materials accordingly. The documents will be reviewed by the City and/or District for conformity with the requirements of the Agreement. Reviews by the City and/or District do NOT include detailed review or checking for accuracy.
All 3rd party review letters and City Capital Improvement Project Geotechnical Reports prepared by the Consultant shall be signed and stamped by a California Registered Professional Civil Engineer and California Registered Professional Certified Engineering Geologist.
All 3rd party review letters, geotechnical reports, and any other documents furnished under the Agreement shall be of a quality acceptable to the City. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above.
All borings shall be in conformance with guidelines provided by the San Diego County Department of Environmental Health.
All work performed in the City or District right-of-way shall submit an encroachment permit application which includes traffic control plans to be reviewed by City Traffic Engineer.
All reports, plats and exhibits prepared by the Consultant shall be delivered to the City of Vista as a hard and electronic copy.
09/27/2022 C4 Page 23 of 35
V. CITY RESPONSIBILITIES
The following is a list of the City's and District's responsibilities during the term of the agreement:
1. Provide geotechnical reports, grading plans, improvement plans, infiltration test results and any other documents submitted by the developer;
2. Provide all available record plans, reports, construction plans and specifications to the consultant;
3. Prepare and process payment requests submitted to the City and;
4. Paying fees for permits.
VI. COORDINATION
Coordination with the City, UlSblcl, oLhel consultants, and/or UUICr i1lvolved agencies will be required to achieve timely delivery of the contract services.
Coordination may include, but not be limited to, coordination with Caltrans, Regional Water Quality Control Board, County of San Diego, Vista Irrigation District, City of San Marcos, City of Carlsbad, NCTD, and other agencies.
The City will decide the manner in which the coordination of individual matters is undertaken. At the City's option, coordination efforts may be performed by the Consultant's direct contact, by the Consultant acting though the City or by the City only. When coordination efforts require agreement, such agreement shall be coordinated through the City.
For contract work on property not owned or controlled by the City, all permits, agreements and permissions will be obtained by the Consultant.
VII. PROJECT ESTABLISHMENT AND PROGRESS
The contract shall begin upon approval and execution by the City Manager or Mayor, and the Consultant shall commence work after notification to proceed by the City. Unless extended by contract amendment, the contract shall terminate upon notification by the City to the Consultant, or upon expiration of the two years and any approved time extensions, whichever comes first.
The Consultant is advised that any recommendation for contract award is not binding on the City or District until the Agreement is fully executed and approved by the City Manager or Mayor.
09/27/2022 C4 Page 24 of 35
The City's tentative schedule for this RFQ is as follows:
City Releases RFQ October 8, 2019
Deadline for Questions October 17, 2019 at 2:00pm Addendum Release (if needed) October 23, 2019
SOQs Due November 5, 2019 at 2:00 P.M.
Interview Meeting (if needed) November 19, 2019
Final Decision November 21, 2019
All questions must be submitted via e-mail to Michael Hilker, mhi Ike r(p_cityofvista.com. Phone call questions will not be accepted. Answers to all submitted questions will be provided in an addendum.
The City reserves the right to extend the date by which SOQs are due.
SOQs shall be delivered no later than 2:00pm on November 5, 2019 to:
City of Vista
City Clerk's Office, 2"d Floor
Attn: Michael Hilker
200 Civic Center Drive
Vista, CA 92084
Faxed and e-mailed copies will not be accepted.
Vill. CRITERIA FOR SELECTION
The City's consultant evaluation and selection process is based on Qualifications Based Selection (QBS) for professional services. An evaluation committee appointed by the City Engineer will review the SOQs. The criteria and weight for evaluating the SOQs submitted will be as follows:
1. Consultant's understanding of project objectives and requirements as evidenced in the written Scope of Work and Work Plan narratives (30%);
2. Experience and credentials of key personnel assigned to the project, as evidenced by their education, background, and experience on similar projects(20%);
3. Staffing capabilities demonstrating that the present workload of the firm and the availability of staff will remain sufficient throughout the duration of the contract. (10%);
09/27/2022 C4 Page 25 of 35
4. Experience and reputation of the Consultant's firm, as evidenced by experience working within a similar capacity for other Agencies(15%);
5. Consultant's quality of work as evidenced by example work products and samples, past record of performance on similar projects for other agencies related to control of costs and adherence to schedules, as evidenced by reference checks(15%) and;
6. Consultant's familiarity with City requirements, specifications, and procedures, as evidenced by City's prior experience with the Consultant (10%).
The contract award, if any, will be made to the proposer whose SOQ best serves the interests of the City as it determines in its sole discretion. This is not a low bid solicitation, and the scoring criteria set forth above are not determinative of the successfui proposer.
All responding Consultants are required to be registered on eBidboard.
IX. METHOD OF PAYMENT
The selected consultant shall submit invoices to the City. The invoice shall include a detailed breakdown of the services, the tasks, the hours, and hourly rates.
Additionally all invoices shall reference the City Purchase Order (PO) number, and shall include a summary of totals billed to date compared to the contract limit. It should be noted that no more than 85 percent of the total payment amount will be made prior to the final completion and approval of all work and delivery of final products.
X. PROFESSIONAL SERVICES AGREEMENT
A sample Professional Services Agreement is enclosed for your review, as Exhibit "A". The RFQ and the Consultant's SOQ will be attached and become part of the agreement as exhibits.
Any subsequent changes in the RFQ from the date of issuance to the date of submittal will result in an addendum by the issuing office to those parties who have provided the proper notice of interest in responding to the RFQ.
The signer of the SOQ must declare in writing that the only person, persons, company or parties interested in the SOQ as principals are named therein; that the SOQ is made without collusion with any other person, persons, company, or parties submitting an SOQ; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the SOQ has full authority to bind the principal proposer.
09/27/2022 C4 Page 26 of 35
Please refer to the sample agreement for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement.
The certificate shall include the City of Vista, its officers and employees as insured or additional insured.
XI. DISCLOSURE
All SOQs become the property of the City of Vista unless return is specifically requested as specified in the following section. The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250 and following. These requirements include an exemption for "trade secrets". If any proprietary information is contained in or attached to the written SOQ, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a public Records Acts request, you must agree in writing to defend and indemnify the City of Vista if litigation results.
XII. LATE, MODIFIED OR WITHDRAWN SOQ
Any SOQ received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made; and it was sent by mail, and it is determined by the City that the late receipt was due solely to mishandling by the City after receipt at the City; or it is the only SOQ received.
Any modification of a SOQ, except a modification resulting from the City's request for "best and final" offer, is subject to the same conditions as the initial submission.
SOQs may be withdrawn by written notice received at any time prior to Notice of Intent to Award. Thereafter, all SOQs constitute firm offers, subject to negotiation and execution of definitive documents that will remain open and cannot be revoked, withdrawn, or modified for a period of six (6) months thereafter. SOQs may be withdrawn in person by the consultant or an authorized representative, provided the authorized representative's identity is made known and the representative signs a receipt for the SOQ prior the posting of Notice of Intent to Award of contract award.
XIII. ASSIGNED REPRESENTATIVES
The City will assign a responsible representative to administer the contract, and to assist the Consultant in obtaining information. The Consultant also shall assign a responsible representative (Project Manager) and an alternate, who shall be identified in the SOQ. The Consultant's representative will remain in responsible charge of the Consultant's duties from the notice-to-proceed through project 09/27/2022 C4 Page 27 of 35
completion. If the Consultant's primary representative should be unable to continue with the project, then the Consultant shall notify the City's representative in writing.
The City's representative shall first approve any substitution of representatives or subconsultants identified in the SOQ in writing. The City reserves the right to review and approve/disapprove all key staff and subconsultant substitution or removal, and may consider such changes not approved to be a breach of contract.
XIV. RIGHT TO REJECT OR NEGOTIATE SOQs
The City of Vista reserves the right to select, negotiate, or delay the project in whole or in part or waive any informality or irregularity in the SOQ as is in the City's best interest. No representation is made hereby that any contract will be awarded pursuant to this RFQ or otherwise.
All costs incurred in the preparation of the SOQ, the submission of additional iinuiiiia ion auivi airy aspc�.� v1 a .%J W NriO w a u 1 vvai U1 a vv� ii IucI] a,v11ua.,. vv111 ".
borne by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the respondent. All SOQs submitted to the City of Vista become the property of the City. 09/27/2022 C4 Page 28 of 35
EXHIBIT "A"
CITY OF VISTA SAMPLE CONTRACT FOR PROFESSIONAL SERVICES 09/27/2022 C4 Page 29 of 35
EXHIBIT B
CONTRACTOR'S PROPOSAL
000803352 Exhibit B
09/27/2022 C4 Page 30 of 35
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor's Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability ("CGL"): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products, 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 or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. ® Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for 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 City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 000803182 Exhibit C, Page 1 of 3
09/27/2022 C4 Page 31 of 35
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 and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. 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, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution 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 contract 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, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City 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. City reserves the right to require 000803182 Exhibit C, Page 2 of 3
09/27/2022 C4 Page 32 of 35
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 000803182 Exhibit C, Page 3 of 3
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. No contractor or subcontractor may be listed on a bid proposal for a public works project(submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5[with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25)for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of w rk of this contract.".'
Signatur
Date
Name/Title �jl � Stdg'tl..f"- Company: Ilye 1-M 'dd� 1� ra �
000803182 Exhibit D `J
09/27/2022 C4 Page 34 of 35
EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. ❑ State of California grant conditions, as attached.
2. ❑ Federal grant conditions, as attached.
3. ❑ Other conditions, as attached.
000803182 Exhibit E
09/27/2022 C4 Page 35 of 35