REQUEST FOR PROPOSALS TO PREPARE CONSTRUCTION DOCUMENTS FOR TWO HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP) PROJECTS

Transcription

1 REQUEST FOR PROPOSALS TO PREPARE CONSTRUCTION DOCUMENTS FOR TWO HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP) PROJECTS HSIP PROJECTS: 1) Sunset Avenue and Walters Road Improvements - Federal Project #HSIPL-5032(030) 2) State Route Highway 12 Advance Warning Devices - Federal Project #HSIPL-5032(031) Issuance Date: October 28, 2016 Proposals Due: Tuesday, November 22, 2016, at 2:00 PM City of Suisun City Public Works Department Engineering Division 701 Civic Center Boulevard Suisun City, CA 94585

2 City of Suisun City PUBLIC WORKS ENGINEERING DIVISION Request for Proposals to Prepare Construction Documents for Two Highway Safety Improvement Program (HSIP) Projects GENERAL INFORMATION Introduction The City of Suisun City, hereafter referred to as the City, is inviting highly qualified professional consulting firms to provide proposals for professional services to prepare two separate sets of construction documents including plans, specifications and cost estimates (PS&E) for the City s two Highway Safety Improvements Program (HSIP) Projects. The two HSIP projects are: 1) Sunset Avenue and Walters Road Improvements - Federal Project #HSIPL-5032(030) and 2) State Route Highway 12 Advance Warning Devices - Federal Project #HSIPL-5032(031). Please note the contracts for the two projects will be awarded as separate contracts. The Consultant will be expected: to provide professional, high-quality services and products, to consult with City staff, Caltrans staff and others who are involved with the project, and to deliver the design of the project(s). Submittal Information Proposals must be received by November 22, 2016 at 2:00 PM (PST), unless subsequently modified by the City by addendum, at the following address: City of Suisun City Public Works Department Engineering Division Attn: Nick Lozano 701 Civic Center Boulevard Suisun City, CA Proposals received after this deadline will be returned unopened. Tentative Schedule These projects are high on the City s priority list. Due to funding requirements, the City must receive the final construction documents and be ready to advertise for each of the two projects by April 27, Page 2

3 The tentative schedule for Consultant selection is as follows: o Request for Proposals Issued October 28, 2016 o Proposals Due November 22, 2016, at 2 PM o Interviews with Top-Ranked Firms (if deemed necessary) December 6, 2016 o Contact Award Date City Council December 22, 2016 o Execute Contract and Issue Notices to Proceed December 23, 2016 The project is expected to be completed in accordance with the following schedule: o Kick-off Meeting & Begin PS&E s January 3, 2017 o Submittal of 65% Plans & Cost Estimates January 31, 2017 o City Comments to 65% Plans & Cost Estimates Due* February 15, 2017 o Submittal of 75% Plans, Specs & Cost Estimates March 15, 2017 o City Comments to 75% Plans, Specs & Cost Estimates Due* March 29, 2017 o Submittal of 95% Plans, Specs & Cost Estimates April 12, 2017 o City Comments to 95% Plans, Specs & Cost Estimate* April 19, 2017 o Submittal of Final Plans, Specs & Cost Estimates April 27, 2017 *NOTES: A. The California Public Utilities Commission (CPUC) will provide comments on the PS&E s for the Sunset Avenue and Walters Road Improvements Project, specifically in regards to the traffic signal modification at the Sunset Avenue/East Railroad Avenue T- intersection. B. Caltrans will provide comments on PS&E s for the State Route Highway Highway12 Advance Warning Devices Project. Questions Regarding This Project Questions regarding this project must be submitted in writing only to: Nick Lozano Associate Engineer/Project Manager City of Suisun City Engineering Division 701 Civic Center Boulevard Suisun City, CA nlozano@suisun.com When submitting questions via , proposer shall carbon copy (cc) Gemma Geluz at ggeluz@suisun.com. The last day to submit questions is November 14, 2016 at 5:00 PM, unless subsequently modified by the City by addendum. Page 3

4 BACKGROUND ON THE TWO HSIP PROJECTS Sunset Avenue and Walters Road Improvements - #HSIPL-5032(030) There are two roadway segments associated with this project. The primary focus of this project is on the Sunset Avenue and East Railroad Avenue intersection. This intersection is a signalized T- intersection located approximately 200 feet south of an active railroad track. See attached Location Map (Attachment #1). The existing lane configuration for the T-intersection includes the following: Sunset Ave. - Northbound approach: One through lane plus one right-turn lane Sunset Ave. - Southbound approach: One left-turn lane plus one through lane East Railroad Ave. - Westbound approach: One choice left-turn/right-turn lane When a train is present, the signal indicates an all-red phase for all the approaches. The all-red indication prohibits traffic from passing through the intersection from westbound Railroad Avenue to southbound Sunset Avenue. This causes significant traffic queuing in the northbound Sunset Avenue and westbound E. Railroad Avenue approaches. During train presence, it is desirable to allow this movement. This project also entails installing countdown pedestrian head modules at existing traffic signals as well as Signal Ahead advance warning signs at the following locations: 1) Sunset Avenue between State Route Highway 12 and the railroad tracks, and 2) Walters Road between State Route Highway 12 and East Tabor Avenue. State Route Highway 12 Advance Warning Devices - #HSIPL-5032(031) This project is located on eastbound State Route Highway 12 between Pennsylvania Avenue and Marina Boulevard. See attached Location Map (Attachment #2). The project will install advance warning devices including vehicular detection devices to warn eastbound motorists of stopped traffic at the intersection of Marina Boulevard. and Highway 12. The goal of the project is to eliminate or reduce the number of rear-end accidents that occur just west of the intersection at State Route Highway 12 and Marina Boulevard (eastbound direction). This intersection is located at the bottom of a vertical curve on the Highway and is known to have backed-up vehicular traffic during peak hours, particularly when students at the nearby Crystal Middle School are released from school in the afternoon. There is also a horizontal curve in advance of the intersection due to an overpass bridge that adds to vehicular sight distance issues. Because approaching motorists behind the stopped traffic are not aware of the backed-up traffic, motorists do not have adequate time to prepare to stop in advance of the intersection. The project will implement an advance warning system such as flashing beacons and/or electronic message boards. Since State Route Highway 12 is owned, operated and maintained by Caltrans, the Consultant will need to work with Caltrans in finalizing the details of the advance warning system. The proposed system is to include vehicular detection devices that activate the warning devices when the queue of vehicles reaches a certain point in the project s segment of Highway 12. Page 4

5 ANTICIPATED SCOPE OF WORK The Scope of Work required for each of the two projects is to include the preparation of construction documents including detailed plans, specifications, and cost estimate (PS&E) for each of the two projects. The design must conform to all laws, ordinances, and codes, including the latest ADA and City of Suisun City Design Standards, and Caltrans 2010 Standard Specifications and Standard Plans. The anticipated work includes, but may not be limited to the following: Furnishing a survey crew and equipment as required to perform field survey work as may be required to complete the design work. Furnishing survey data needed to support the design. Attending meetings as required to complete the design work or as requested by the City, Caltrans, and/or the CPUC. Coordinating the design with the City, Caltrans, and the CPUC. Conducting meetings with the City, Caltrans, and the CPUC to address review comments. Revising plans and other contract documents as needed & per comments/feedback from the City, Caltrans, and CPUC and other agencies. Providing technical assistance to City during the bidding phase. Following the City s review of the 65% plans, specifications and estimates for each of the projects, the Consultant shall meet with City staff to discuss the design and comments/modifications. This meeting may include Caltrans and/or the CPUC. A reproducible set of the final construction documents are to be submitted along with electronic files for all work products. Construction drawings shall be in.pdf and AutoCAD 2015 formats. Technical specifications shall be in.pdf and in MS Word formats. The estimate shall be in.pdf and in MS Excel formats. All work products shall become the property of the City of Suisun City. The final deliverables shall include three hard copies of the following documents: Final construction drawings. Final technical specifications. Project Proposal/Bid sheet with line item descriptions. A final construction cost estimate. As-Built Documentation - Consultant shall prepare comprehensive as-built drawings from the Contractor mark-ups, submittals, and other supplied information. Consultant shall submit a draft as-built to the City for review. Final as-built drawings shall incorporate all City comments. Page 5

6 Procurement Support - Consultant shall support City staff during the contractor procurement process. Consultant will be expected to attend the pre-bid meeting, address technical questions, and issue addenda to the construction documents. Construction Support - The City will assume construction management duties during construction. Consultant shall provide City staff support during project construction. Consultant will be expected to: Review project submittals on an as-needed basis. Respond to construction contractor requests for information on an as-needed basis. Assist the City s Construction Manager with inspection of constructed facilities on an asneeded basis. Attend the final project inspection with the City s Construction Manager and Contractor on an as-needed basis. Assist the City s Construction Manager with development of a "punch-list" on an as-needed basis REQUIRED SUBMITAL INFORMATION General Submittal Requirements Proposers shall provide separate Proposals for each of the two projects. Persons or firms wishing to respond to this invitation must supply the minimum number of copies set forth in the transmittal letter by the date and time requested. The nature and form of response is at the discretion of those responding, but shall include the information listed below. Additional information submitted after the formal closing date and time will not be accepted. Prospective proposers are highly encouraged to visit the job site prior to submitting a proposal. Proposals must be: 1) Typed. 2) Be as brief as possible and not include any unnecessary promotional material. 3) Restrict each proposal to no more than 20 total pages including all responses, reference work, and information about the firm and individuals assigned to the project. Minimum font size is 12. The following items are not included as part of the 20 page total requirement: title page, Cost Proposal, resumes, drawings and dividers. Standard 8-1/2" x 11" paper should be used along with the simplest possible method of fastening the proposal for submittal (excluding paper clips). Note that drawings are not limited to the 8-1/2" x 11" size. Page 6

7 All submittals shall become the property of the City. Furthermore, all submitted proposals, documents and information included therein or attached thereto shall become public record upon their delivery to the City. Any proposer may withdraw their proposal, either in-person or by written request at any time prior to the scheduled closing time for receipt of proposals. Such requests should be directed to the Building & Public Works Director, Timothy McSorley. Proposal Submittal Requirements Proposals and any accompanying documents for each of the two projects shall be submitted in a sealed envelope with the words DO NOT OPEN Highway Safety Improvement Program (HSIP) Projects - Proposals Enclosed clearly marked in the lower left-hand corner of the envelope. Four bound copies, plus one reproducible unbound copy, must be submitted. The Cost Proposal for each project must be in a separate sealed envelope within the proposal package, clearly marked as the price proposal for this solicitation, with firm name, and project name. 1) General Qualifications Section This section should include a brief summary of Consultant s overall organization, areas of practice and stability. Provide a summary of your firm's qualifications and experience, and of the personnel who will be assigned to this project. Describe the scope of services provided by your firm without the use of outside consultants. Consultant shall list any lawsuit or litigation and the result of that action resulting from any job undertaken by the firm or by its sub-consultants which is still pending or has occurred on projects within the last five years 2) Project Qualifications Section This section should include a brief description of the Consultant s qualifications for the project and previous experience in the last five years on similar or related projects, along with references. Indicate your firm's specific responsibilities, total project cost for each of the projects and the percentage of work for which your firm was responsible. Give a brief statement of your firm's adherence to the schedule, budget and construction estimate for each project. List references for the similar projects including the project name, project description, name and contact information of agency s project manager, and the date of completion. The Consultant s Project Manager and key individuals who will be assigned to the project will be considered an important factor by the selection committee. Include a brief resume of each individual who will work on this assignment. There can be no change of key personnel during the course of the project without the prior written approval from the Building & Public Works Director. Page 7

8 Consultant s team shall have experience necessary to prepare, administer, coordinate and process the documents described in the Scope of Work. An organizational chart for the project team shall be included. The City has great interest in the quality of all sub-consultants that the prime consultant may engage on this project. The City expects the prime Consultant to take the lead role in this project and to contract with and manage sub-consultants. The Consultant s choice of sub-consultants will be critical. The City retains the right to approve/disapprove of subconsultants selected by the Consultant for this project. Provide names, addresses, telephone numbers, background qualifications and the scope of services that will be provided by all sub-consultants proposed to be used. 3) Project Understanding Section In this section, the Consultant should demonstrate their understanding of the proposed projects by defining the methodology the Consultant will use. The Consultant is to explain their approach to the design process and address how the Consultant will move the design process along in an efficient and effective manner. The Consultant is encouraged to visit the two project sites prior to preparing proposal. Consultant may submit drawings of conceptual plans, layout, and details as part of demonstrating their understanding of the project. 4) Other Information Section Consultant may use this section to include additional information that might aid the Selection Committee in determining the Consultant s qualifications for the project. 5) Proposed Work Scope and Schedule Section Consultant should detail their proposed work scope and schedule including stated assumptions, inclusions, and exclusions. The proposed work schedule shall be included in this section. Cost Proposal Submittal Section (Must be in a separate sealed envelope.) A Cost Proposal along with a rate schedule shall be submitted with each of the two proposals. This section of the proposal must be submitted separately in a sealed envelope marked Cost Proposal for Highway Safety Improvement Program (HSIP) Projects with name of firm in the lower left corner of the envelope and should provide a full description of the expected costs for the work described in this RFP. Consultant is to provide an estimate, including the name of any individual that will work on the project, of the amount of time (person hours) that will be devoted to each task for all staff of both the Consultant and all sub-consultants. Also include the hourly rate of each individual and amount of reimbursable expenses. This section is to demonstrate the Page 8

9 anticipated levels of effort and an understanding of the resource needs for each of the projects. The engineering contract shall provide payment for each of the two projects on a not-to-exceed amount. Each Cost Proposal will remain sealed until after the Selection Committee has completed their ranking evaluation of all proposals. EVALUATION Submittal Evaluation and Interview Proposals will be evaluated based on the following criteria. These criteria are not listed in order of importance. Perceived ability to perform work in a timely and cost effective manner. Demonstrated success with preparing conceptual plans, construction plans, specifications and cost estimates for similar projects. Qualifications of key personnel to be assigned to the project. Experience in coordinating projects of these types with multiple agencies. Breadth and quality of services offered by the firm. Understanding of project and proposed work approach. If deemed necessary by the City s Selection Committee, oral interviews will follow the evaluation of the proposals. The selection of Consultants for oral interviews will be based on the ranking given by the Selection Committee after reviewing the submitted proposals. The top-ranked firms (three to five firms) the Section Committee considers to be the most qualified to perform the work will be invited to an interview and to make oral presentations. The ranking of participants in the oral interview process will be made by the Selection Committee and after the interviews all Consultants will be notified of the number one selection. Final selection will be based upon overall capability to perform services and not exclusively upon cost of services. Negotiation The City will negotiate with the first-ranked firm to secure an agreement. If negotiations with the first-ranked firm are unsuccessful, negotiations will be formally terminated and staff shall then begin negotiating with the next ranked firm. This process shall continue until an agreement is secured. The City reserves the right to reject any and all proposals received, and to reissue a new request for proposals. Moreover, the City reserves the right to cancel the project at any point and pay Consultant only for costs incurred to that point and for work completed which is usable by the City as determined by the City. In addition, the City reserves the right to award both contracts to one Consultant or to award each contract to separate Consultants. Page 9

10 The City also reserves the right to award subsequent contracts for additional work to the selected Consultant (if a selection is made) or to another Consultant who has submitted a proposal for this solicitation. OTHER REQUIREMENTS Disadvantaged Business Enterprise (DBE) The City has not established a Disadvantaged Business Enterprise (DBE) goal for this contract. However, proposers are encouraged to obtain DBE participation for this contract. City s Professional Services Agreement The successful Consultant will be required to execute a contract with the City of Suisun City. Attached for review is the City s standard Professional Services Agreement (Attachment 4). Proposers shall provide a statement that they have reviewed the agreement, and if selected, will execute the agreement. In addition, proposers shall declare any exceptions or desired modifications to the agreement that the proposer considers absolutely necessary in order to execute the contract. The City will consider any reasonable exceptions or desired modifications; however, if the requests are not acceptable to the City, the proposer shall accept the contract without the desired changes or the City may choose to negotiate an agreement with another proposer. ATTACHMENTS 1. Attachment 1 Location Map - Sunset Avenue and Walters Road Improvements Project. 2. Attachment 2 Location Map - State Route Highway 12 Advance Warning Devices Project. 3. Attachment 3 Conceptual Improvement Drawings - Sunset Avenue and Railroad Avenue Intersection. 4. Attachment 4 Sample Professional Services Agreement and Related Exhibits. Page 10

11 ATTACHMENT #1 Location Map Sunset Avenue and Walters Road Improvements Project SUNSET AVENUE/EAST RAILROAD AVENUE INTERSECTION PROJECT LOCATIONS

12 ATTACHMENT #2 Location Map State Route Highway 12 Advance Warning Devices Project PROJECT LOCATION

13 ATTACHMENT #3 Conceptual Improvement Drawings - Sunset Avenue and Railroad Avenue Intersection

14 ATTACHMENT #4 Suisun City Consultant Services Agreement See following pages.

15 CITY OF SUISUN CITY CONTRACT SERVICES AGREEMENT FOR THIS CONTRACT SERVICES AGREEMENT (herein Agreement ) is made and entered into this day of, 20, by and between the CITY OF, a herein ( City ) and (herein Contractor ). NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. Contractor warrants that all work and services shall be performed in professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provide in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement. 2. COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the Schedule of Compensation attached hereto as Exhibit B and incorporated herein by this reference, but not exceeding the maximum contract amount of Dollars ($ ) ( Contract Sum ). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid. 3. COORDINATION OF WORK 3.1 Representative of Contractor. is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. CONTRACT-1 CONTRACT SVR AGR WITH \\chsvrdata\data\public Works\00 Consultant Firms & Forms\0 STANDARD forms\consultant Services Agreement\Contract Services Agreement - short form_new docx

16 3.2 Contract Officer. is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ( Contract Officer ). The City Manager of City shall have the right o designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the /city nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor consistent with that role. Contractor shall not at any time or in any manner represent that it or nay of its agent or employees are agents or employees of City. 4. INSURANCE AND INDEMNIFICATION 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: a. Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit of $500, per occurrence and $500, products and completed operations and property damage limits of $100, per occurrence and $100, in the aggregate. b. Worker s Compensation Insurance. A policy of worker s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. c. Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250, per person and $500, per occurrence and property damage liability limits of $100, per occurrence and $250, in the aggregate or (ii) combined single limit liability of $500, Said policy shall include coverage for owned, non-owned, leased, and hired cars. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees, and agents as additional insured s. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and CONTRACT-2 CONTRACT SVR AGR WITH \\chsvrdata\data\public Works\00 Consultant Firms & Forms\0 STANDARD forms\consultant Services Agreement\Contract Services Agreement - short form_new docx

17 their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance of binders are approved by the City. The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor s activities or the activities of any person or persons for which the Contractor is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated A or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Director of Administrative Services or designee of the City due to unique circumstances. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys fees, or paying any judgment (herein claims or liabilities ) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work or services of Contractor, its agents, employees, subcontractors, or invites, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor s negligent performance of or failure to perform any term, provisions covenant liabilities to the extent caused by the sole negligence or willful misconduct of the City. 5. TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force and effect until. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contractor Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6. MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall CONTRACT-3 CONTRACT SVR AGR WITH \\chsvrdata\data\public Works\00 Consultant Firms & Forms\0 STANDARD forms\consultant Services Agreement\Contract Services Agreement - short form_new docx

18 be no discrimination against or segregation of, any person or group of persons on account of race, color creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color creed, religion, sex, marital status, national origin, or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer: City of Suisun City 701 Civic Center Blvd. Suisun City, CA O: , F: [Insert contact ] and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. [Contractor company] [Address] [City, State Zip] [Contact numbers] [Insert contact ] 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes CONTRACT-4 CONTRACT SVR AGR WITH \\chsvrdata\data\public Works\00 Consultant Firms & Forms\0 STANDARD forms\consultant Services Agreement\Contract Services Agreement - short form_new docx

19 and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party s consent to or approval of any act by the other party requiring the party s consent or approval shall not be deemed to waive or render unnecessary the other party s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney s fees, whether or not the matter proceeds to judgment Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY CITY OF, a ATTEST CITY MANAGER City Clerk CONTRACT-5 CONTRACT SVR AGR WITH \\chsvrdata\data\public Works\00 Consultant Firms & Forms\0 STANDARD forms\consultant Services Agreement\Contract Services Agreement - short form_new docx

20 CONTRACTOR INSERT NAME OF CONTRACTOR HERE By: Name Its: By: Name Its: [END OF SIGNATURES] CONTRACT-6 CONTRACT SVR AGR WITH \\chsvrdata\data\public Works\00 Consultant Firms & Forms\0 STANDARD forms\consultant Services Agreement\Contract Services Agreement - short form_new docx

21 EXHIBIT A SCOPE OF SERVICES EXHIBIT A-1 CONTRACT SVR AGR WITH \\chsvrdata\data\public Works\00 Consultant Firms & Forms\0 STANDARD forms\consultant Services Agreement\Contract Services Agreement - short form_new docx

22 EXHIBIT B SCHEDULE OF COMPENSATION EXHIBIT B-1 CONTRACT SVR AGR WITH \\chsvrdata\data\public Works\00 Consultant Firms & Forms\0 STANDARD forms\consultant Services Agreement\Contract Services Agreement - short form_new docx

23 EXHIBIT C PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day s work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section , the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record EXHIBIT C-1 CONTRACT SVR AGR WITH \\chsvrdata\data\public Works\00 Consultant Firms & Forms\0 STANDARD forms\consultant Services Agreement\Contract Services Agreement - short form_new docx

24 of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: 1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, , 1813, and The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor s certified payroll records. 3. Upon becoming aware of a subcontractor s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. EXHIBIT C-2 CONTRACT SVR AGR WITH \\chsvrdata\data\public Works\00 Consultant Firms & Forms\0 STANDARD forms\consultant Services Agreement\Contract Services Agreement - short form_new docx

25 2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section D. In accordance with California Labor Code Section , the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. EXHIBIT C-3 CONTRACT SVR AGR WITH \\chsvrdata\data\public Works\00 Consultant Firms & Forms\0 STANDARD forms\consultant Services Agreement\Contract Services Agreement - short form_new docx