Department of Public Works - Engineering Services Division -On-Call Construction Management Services

CITY OF ELK GROVE Request for Qualifications For Department of Public Works Engineering Services Division On-Call Construction Management Services City Clerk’s Office City of Elk Grove 8401 Laguna Palms Way Elk Grove, CA 95758 Issued: September 21, 2022 Statement of Qualifications (SOQs) Due by 2:00 p.m. on Tuesday, October 25, 2022 RFQ for On-call Construction Management Services | Table of Contents TC-1 T A BLE OF C O N T E N T S I . INSTRUCTION TO PROPOSERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. PURPOSE ............................................................................................................................................ 1 2. STATEMENT OF QUALIFICATIONS DUE DATE ....................................................................... 1 3. CITY POINT OF CONTACT

............................................................................................................. 1 4. MINIMUM QUALIFICATIONS ........................................................................................................ 2 5. BACKGROUND ................................................................................................................................... 2 6. AREAS OF CONSULTANT EXPERTISE ........................................................................................ 2 7. EVALUATION FACTORS ................................................................................................................. 2 8. REQUEST FOR EXCEPTIONS OR MODIFICATIONS AND ADDENDA .................................. 2 9. CONSULTANT SELECTION TIMETABLE .................................................................................... 3 10. AUTHORITY TO COMMIT CITY .................................................................................................... 3 II . SCOPE OF WORK, SCHEDULE AND BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 III . GENERAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. REGISTER WITH THE CALIFORNIA SECRETARY OF STATE ............................................... 4 B. DISCLOSURE OF SUBMITTED MATERIALS .............................................................................. 4 C. WAIVER OF IRREGULARITIES ..................................................................................................... 4 D. VALIDITY OF PRICING .................................................................................................................... 4 E. NO GUARANTEE OF USAGE .......................................................................................................... 4 F. USE OF OTHER GOVERNMENTAL CONTRACTS ...................................................................... 5 G. QUALIFICATION/INSPECTION .................................................................................................... 5 H. OTHER GOVERNMENTAL ENTITIES .......................................................................................... 5 I. FEDERAL REQUIREMENTS ........................................................................................................... 5 J. PAYMENT TERMS ............................................................................................................................ 5 K. PERFORMANCE ................................................................................................................................. 5 L. TERM OF CONTRACT ...................................................................................................................... 5 M. AMENDMENTS .................................................................................................................................. 6 N. SERVICE AND SUPPORT................................................................................................................. 6 O. RECORDS ............................................................................................................................................ 6 P. PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS .................. 6 IV. FORM OF STATEMENT OF QUALIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 A. TITLE PAGE ....................................................................................................................................... 7 B. TRANSMITTAL LETTER ................................................................................................................. 7 C. TABLE OF CONTENTS ..................................................................................................................... 7 D. QUALIFICATION AND EXPERIENCE ........................................................................................... 7 E. CONFLICT OF INTEREST STATEMENT ...................................................................................... 8 F. SECRETARY OF STATE ................................................................................................................... 8 RFQ for On-call Construction Management Services | Table of Contents TC-2 G. DBE GOAL ........................................................................................................................................... 8 H. METHOD OF PAYMENT AND FEE SCHEDULE ......................................................................... 9 I. MASTER SERVICES ON‐CALL CONTRACT................................................................................. 9 J. FORMS AND CERTIFICATES ....................................................................................................... 10 V. QUALIFICATIONS EVALUATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1. REVIEW FOR GENERAL RESPONSIVENESS AND SATISFACTION OF MINIMUM QUALIFICATIONS .................................................................................................................................. 10 2. EVALUATION ................................................................................................................................... 10 Appendix A: Preliminary Scope of Work ................................................................................................................ A‐12 Appendix B: Master Services On‐Call Contract ....................................................................................................... B‐1 Appendix C: DBE Information ........................................................................................................................................ C‐1 RFQ for On-call Construction Management Services| Instruction to Proposers 1 I. INSTRUCTION TO PROPOSERS 1. PURPOSE The City of Elk Grove (“CITY”) is seeking Statements of Qualifications (SOQ) from qualified Consultants for the purpose of selecting five (5) Consultants to provide on-call construction management services for a variety of capital improvement and other projects. The types of activities may include, but are not limited to, construction management, office engineering, contract management, inspection services, geotechnical testing, environmental compliance monitoring, and reporting for an array of bridge, roadway, highway, transit, facility, building and Intelligent Transportation System (ITS) projects. In general, the projects are likely to be funded by CITY, state, federal funds, or some combination thereof. Prospective respondents are advised to read this information over carefully prior to submitting a SOQ. 2. STATEMENT OF QUALIFICATIONS DUE DATE One signed original, three (3) copies, and one USB Flash Drive copy of the SOQ must be submitted to the Office of the City Clerk by 2:00 PM, on Tuesday October 25, 2022. SOQ shall be submitted in person or by mail or other delivery service in a sealed envelope clearly marked On-Call Construction Management Services and addressed to: OFFICE OF THE CITY CLERK CITY OF ELK GROVE 8401 Laguna Palms Way Elk Grove, CA 95758 SOQs shall not be accepted by fax or electronically. SOQs arriving after the specified date and time shall not be considered, nor shall late SOQs be opened. Each Consultant assumes responsibility for timely submission of its SOQ especially if it uses a third party delivery service. Any SOQ may be withdrawn or modified by a written request signed by the Consultant and received by the City Clerk prior to the final time and date for the receipt of SOQs. Once the deadline is past, Consultants are obligated to fulfill the terms of their SOQ. The CITY reserves the right to accept any SOQ, to reject any and all SOQs, and to call for new SOQs, or dispense with the RFQ process in accordance with the Elk Grove Municipal Code. 3. CITY POINT OF CONTACT All inquiries relating to this RFQ shall be submitted to the Project Manager (PM) in writing at E-mail below: Juan Zúñiga, Senior Civil Engineer CM RE: RFQ for On-Call Construction Management Services jzuniga@elkgrovecity.org. RFQ for On-call Construction Management Services| Instruction to Proposers 2 Such contact shall be for clarification purposes only. The CITY must receive all questions no later than 4:00 pm, on Wednesday October 12, 2022. Material changes, if any, to the scope of services or RFQ procedures shall only be transmitted by written addendum and posted to the CITY web site. Addendums and answers to submitted questions will be available via the CITY web site under “Notice” for the RFQ announcement. 4. MINIMUM QUALIFICATIONS In order to be eligible to submit an SOQ for on-call construction management services, Consultants must demonstrate that the Consultant, subcontractor(s), and/or key staff members from either the Consultant submitting an SOQ or a subcontractor(s) who shall be assigned to this project have successfully completed at least three (3) projects in the past five (5) years related to “on-call” construction management services for federally funded bridge, highway, transit and/or building projects. 5. BACKGROUND The services to be provided under this RFQ shall include construction management services for CITY, State, and Federally funded capital improvement projects. The types of activities shall include, but not be limited to, project management, schedule management, budget and invoice analysis management, inspection services, and reporting for an array of bridge, highway, transit, facility, building and Intelligent Transportation System (ITS) projects. Should Consultants choose to form teams to respond to this RFQ, CITY encourages team members to complement one another in the completion of specific tasks stated in Appendix A, Preliminary Scope of Work. In such case, one team member must submit the SOQ and serve as the prime consultant. The other team member(s) will be sub-consultants to the prime consultant. The prime consultant would be signatory to the contract and liable for the work of the subconsultants. CITY anticipates selecting five (5) Consultants or Consultant teams to work cooperatively on specific projects throughout the course of the contract. 6. AREAS OF CONSULTANT EXPERTISE Specific areas of expertise include, but are not limited to: A. Experience in Construction Management, Construction Engineering, Materials Testing/Quality Assurance, Construction Inspection, Project Implementation and Management, Office Engineering, and Administering Construction Contracts, Change Orders, Billings and Payments, and Project Schedules. B. Experience in special inspections for buildings. C. Experience with Administration of Federal and State Funded Construction Projects in accordance with Caltrans standards. 7. EVALUATION FACTORS CITY staff will conduct an initial screening of all SOQs received by the above deadline to determine whether the Minimum Qualifications, listed in Section I. Introduction to Proposers (item 4) of this RFQ have been met. The SOQs of Consultants who meet Minimum Qualifications will then be reviewed by an evaluation panel pursuant to Section V, Qualifications Evaluation. 8. REQUEST FOR EXCEPTIONS OR MODIFICATIONS AND ADDENDA RFQ for On-call Construction Management Services| Instruction to Proposers 3 Any requests for exceptions to or modifications of RFQ provisions, must be submitted in writing to the CITY Point of Contact and must be received no later than 4:00 p.m., on Wednesday, October 12, 2022, as listed below to guarantee response or consideration. Any addenda released for this RFQ and responses to questions will be published on CITY’s website at http://www.elkgrovecity.org/city_hall/departments_divisions/purchasing/request_for_proposals_bids. No e-mail transmissions of any addenda will be provided. The Proposer is responsible to check the website for any addenda to this RFQ and comply with new or revised requirements that may be stated therein. 9. CONSULTANT SELECTION TIMETABLE 4:00 p.m., Wednesday,October 12, 2022 Closing date for receipt of requests for clarification or exceptions to, or modifications of RFQ requirements 2:00 p.m., Tuesday, October 25, 2022 Closing date and time for receipt of SOQs Week of November 7, 2022 Final Ranking Notification Wednesday, February 8, 2023 (approximate) Anticipated approval of contract by City Council Friday, February 10, 2023 (approximate) Notice to Proceed 10. AUTHORITY TO COMMIT CITY It is the intent of CITY staff to recommend award of on-call contracts to the top five (5) qualified Consultants. The authority to award a contract as a result of this RFQ lies solely with the City Council. II. SCOPE OF WORK, SCHEDULE AND BUDGET A summary of anticipated work tasks is provided in Appendix A, Preliminary Scope of Work, which includes tasks that illustrate the type of on-call services that may be requested of the selected Consultants or Consultants teams. The five (5) On-call contracts awarded as a result of this RFQ shall have a not-to-exceed cumulative maximum total amount of twenty-five million dollars ($25,000,000.00), five million dollars ($5,000,000.00) per On-call contract. All work under the Contract will be assigned pursuant to CITY initiated task orders. Payment for task orders may be deliverables-based on time and materials, as determined by the CITY. Each Task Order will include a specific scope of work based on the areas identified in Appendix A, Preliminary Scope of Work. CITY reserves the right in its sole discretion to determine which consultant’s qualifications, experience, available resources, and ability to perform according to the required schedule bests suits each project. Award of an on-call Contract will not necessarily result in award of any task order work. City will request cost proposals from one or more on-call Consultants on a project-by-project /task order-by-task order basis. Scope and fee negotiations will take place for each project and task order. Consultant and sub-consultant rates and fees shall comply with all applicable state and federal laws and RFQ for On-call Construction Management Services| Instruction to Proposers 4 the Caltrans Local Assistance Procedures Manual (LAPM). Prevailing wage is required for appropriate classifications for all work performed under Contracts resulting from this RFQ. It is anticipated that the initial term of the Contract will be for three (3) years. Upon mutual consent of CITY and Consultant, the Contract may be extended for two (2) additional one-year periods for additional work related to the Preliminary Scope of Work outlined in Appendix A. III. GENERAL CONDITIONS A. REGISTER WITH THE CALIFORNIA SECRETARY OF STATE Unless Consultant is a sole proprietorship, Consultant must be registered and in good standing with the California Secretary of State within 14 days following notification of the CITY’s intent to award a Contract to Consultant and prior to execution of a final contract. Failure to timely register with the Secretary of State may result in the CITY awarding the contract to another Consultant. Additional information regarding the registration process may be found on the Secretary of State’s website at: https://businesssearch.sos.ca.gov/. B. DISCLOSURE OF SUBMITTED MATERIALS After selection and execution of the contract(s), (or prior thereto if required by law) all information and materials provided in each submittal received is subject to disclosure through a public records request pursuant to the California Public Records Act, or otherwise as may be required by law. The CITY, in its sole discretion, may release any submitted materials, regardless of whether such materials are marked by respondents as confidential or otherwise as protected. C. WAIVER OF IRREGULARITIES The CITY retains the right, in its sole discretion, to waive any irregularities in SOQs that do not comply with the strict requirements of this RFQ, and the CITY reserves the right to award a contract to a Consultant submitting any such non-compliant SOQ, all in the CITY’s sole discretion. D. VALIDITY OF PRICING Consultants are required to provide a fee structure including the hourly rate of the principals to be assigned to the matter, and proposed cost (line item descriptions and pricing), and expense reimbursements levels. No cost increases shall be passed onto the CITY after the SOQ has been submitted. No attempt shall be made to tie any item or items contained in this RFQ with any other business with the CITY; each SOQ must stand on its own. E. NO GUARANTEE OF USAGE Any quantities listed in this RFQ are estimated or projected and are provided for tabulation and information purposes only. No guarantee of quantities is given or implied by the CITY. Consultant must furnish the CITY’s needs as they arise. RFQ for On-call Construction Management Services| Instruction to Proposers 5 F. USE OF OTHER GOVERNMENTAL CONTRACTS The CITY reserves the right to reject any part or all of any SOQs received and utilize other available governmental contracts. G. QUALIFICATION/INSPECTION SOQs will only be considered from Consultants normally engaged in providing the types of services specified herein. By responding to this RFQ, the Consultant consents to the CITY’s right to inspect the Consultant’s facilities, personnel, and organization at any time, or to take any other action necessary to determine Consultant’s ability to perform. The CITY reserves the right to reject SOQs where evidence or evaluation is determined to indicate inability to perform. The CITY reserves the right to interview any or all responding Consultants and/or to award a contract without conducting interviews. H. OTHER GOVERNMENTAL ENTITIES If the Consultant is awarded a contract as a result of this RFQ, the Consultant shall, if the Consultant has sufficient capacity, provide to other governmental agencies, so requesting, the services awarded in accordance with the terms and conditions of the RFQ. I. FEDERAL REQUIREMENTS CITY, state, federal funds, or some combination thereof, may be used for the work under task orders issued by CITY in which case federal and/or state third-party contracting requirements shall apply. See Appendix B, Master Services On-Call Contract for more information on federal and/or state third-party contracting requirements. All forms and certifications required by third-party contracting requirements, including, but not limited to those identified in the Caltrans Local Assistance Procedures Manual (LAPM) shall be made a part of and submitted as identified in the Contract, upon issuance of task order work involving federal and/or state funds, or upon request by CITY. Consultants are required to have financial management and accounting systems as required by 48CFR Part 16.301-3, 2 CFR Part 200, and 48 CFR Part 31. J. PAYMENT TERMS Payment shall be made as set forth in the Contract attached hereto as Attachment B, Master Services On- Call Contract. In submitting SOQs under these specifications, Consultants should take into account all discounts, both trade and time, allowed in accordance with the payment terms. K. PERFORMANCE It is the intention of the CITY to acquire services as specified herein from a Consultant that will give prompt and convenient service. L. TERM OF CONTRACT The term of the Contract will be for a specific period of time, commencing upon execution. The CITY anticipates the contract to be for a term of three (3) years with two (2) one-year extensions, at the option of RFQ for On-call Construction Management Services| Instruction to Proposers 6 the CITY. The CITY reserves the right to set the term for a period deemed to be in the best interest of the CITY, and terminate the contract as set forth therein. M. AMENDMENTS Amendments shall be made as set forth in the contract attached hereto as Appendix B, Master Services On-Call Contract. Nothing in this section obligates the CITY to agree to any task order or other amendment, and the CITY may withhold such agreement in its sole discretion. N. SERVICE AND SUPPORT Service and Support shall be provided as set forth in the contract attached hereto as Appendix B, Master Services On-Call Contract and as directed by CITY. O. RECORDS This RFQ and any material submitted by a Consultant Team in response to this RFQ are subject to public inspection under the California Public Records Act (Government Code § 6250 et seq.), unless exempt by law. SOQs will remain confidential until City Council has authorized award. The Consultant shall maintain complete and accurate records with respect to labor costs, material expenses, and other such information required by CITY that relates to the performance of services under the contract. The Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of the services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the CITY, which the CITY may specify and change from time to time. The Consultant shall provide free access to the representatives of CITY or its designees, at reasonable times, to such books and records, shall give CITY the right to examine and audit said books and records, shall permit CITY to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to the contract. Such records, together with supporting documents, shall be maintained for CITY’s inspection for a period of at least three (3) years after receipt of final payment. P. PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS The selected Consultant shall comply with applicable sections of the California Labor Code (e.g., Sections 1720 et seq. and Title 8 of the California Code of Regulations Sections 16000 et seq.) governing the payment of prevailing wages, as determined by the Director of the California Department of Industrial Relations, in regards to applicable work performed under the Contract resulting from this RFQ. In particular, Consultant’s attention is drawn to Labor Code Sections 1771 (payment of prevailing wage rate), 1775 (penalty for non-payment), 1776 (payroll records), and 1777.5 (use of apprentices). IV. FORM OF STATEMENT OF QUALIFICATIONS The following guidelines are provided for standardizing the preparation and submission of SOQs. The intent is to assist respondents in the preparation of their submissions and to assist the CITY by simplifying the review process providing standards for comparison of submissions. Consultants wishing to provide a SOQ for on-call construction management services should address all items below. Statements submitted in response to this RFQ shall include a complete response to the requirements in this section in the order presented. Statements should be a straightforward delineation of the respondent’s capability to satisfy the intent and requirements of this RFQ, and should not contain redundancies and conflicting statements. RFQ for On-call Construction Management Services| Instruction to Proposers 7 A maximum of twenty (20) single sided pages or ten (10) double sided pages shall be submitted (exclusive of the transmittal letter, title page, table of contents, forms and certificates, appendices, and page/section dividers), and submitted on 8-1/2” x 11” paper. Charts and diagrams might be submitted on 11” x 17” paper. Font size shall be eleven (11) or larger and font type shall be Times New Roman, Arial, Calibri, or Cambria. Margins shall be a minimum of one-half inch (1/2”). Pages shall be numbered, tabbed, and bound (spiral/comb/three ring binder). Tabbed dividers should separate and identify the response items described below. SOQs shall contain the following information in the order listed: A. TITLE PAGE Title page showing the RFQ subject, the name of the respondent’s Consultant, address, telephone number, fax, name of contact person, email, and the date. B. TRANSMITTAL LETTER A transmittal letter signed by an official authorized to solicit business and enter into contracts for the Consultant. The transmittal letter should refer to this RFQ by title and date and shall include the name, email address and telephone number of a contact person and a statement that the SOQ is a firm offer to enter into a contract with CITY according to the terms of this RFQ and shall remain valid for a period of not less than one hundred twenty (120) days from the date of submittal. The transmittal shall be no more than two (2) pages. C. TABLE OF CONTENTS SOQ must include a table of contents that provides a clear identification of the material by section and page number. D. QUALIFICATION AND EXPERIENCE 1. Qualifications - A brief company profile and summary of the Consultant’s’s and its subconsultants’ qualifications in relation to the project and construction management services outlined in Appendix A, Preliminary Scope of Work. The company profile should include: a brief history of the C o n s u l t a n t , office locations, size of the Consultant, services offered, areas of expertise that are relevant to the aforementioned scope, staffing expertise and availability to work on projects that may be assigned should the Consultant be selected. The summary of the Consultant’s qualifications should address each of the minimum qualifications described above in Section I. Introduction to Proposers (D), Minimum Qualifications. 2. Project Management - Descriptions of the Consultant or Project Manager’s approach to managing projects and personnel, maintaining quality control, highlighting the project understanding, and providing the overall technical approach to providing construction management services, and delivering high quality products. Three (3) references who can attest to key staff’s experience in performing work substantially similar to the services RFQ for On-call Construction Management Services| Instruction to Proposers 8 covered by this RFQ must be provided. References should include contact information and the name of the project or projects completed by the Consultant for that client. Letters of endorsements may be included as an appendix. 3. Similar Projects - Descriptions of a minimum of three (3) relevant projects, in which the C o n s u l t a n t acted as Construction Manager, completed within the past five (5) years by the Consultant and description of the key staff involved in the projects. The description should include the following: a. Project name; b. Project category, one paragraph description of the type of project, purpose of the project and the Consultant’s scope of work; c. Size of the project in terms of budget and scope; d. Duration of project (e.g., 6 months) and year of completion; e. Client agency and other participating agencies; f. Consultant’s fee for the project; and g. Who, of the staff proposed for this Contract, worked on the project and their role. 4. Organizational Chart - An organizational chart and summary qualifications of all key staff, including key staff of any subconsultants that would be expected to work on the project(s) that may be assigned, their availability, and the location of the office from which they will perform the work under this contract. Key staff members who are proposed to contribute the majority of work hours should be highlighted on the organizational chart. Staff qualifications should include: a one-paragraph description of relevant experience, proposed role, length of work experience and areas of expertise, for each staff member. Resumes may be included as an appendix and shall not count toward the allowed page limit. 5. Office Locations - Include the offices where work for the Project will be conducted by the Consultant and subconsultant(s). E. CONFLICT OF INTEREST STATEMENT Any activities or relationships of the Consultant that might create a conflict of interest for the Consultant or the CITY, and, if such activities or relationships exist, a description of the facts, legal implications, and possible effects sufficient to permit the CITY to appreciate the significance of the conflict and to grant any conflict waiver, if appropriate and necessary. F. SECRETARY OF STATE Consultant shall acknowledge their understanding of needing to be registered with the California Secretary of State as noted in the RFQ language above. G. DBE GOAL The CITY has established a DBE goal of 16% for this Contract. Consultant must complete and include in the SOQ LAPM Exhibit 10-O1 “Consultant Proposal DBE Commitment”. RFQ for On-call Construction Management Services| Instruction to Proposers 9 H. METHOD OF PAYMENT AND FEE SCHEDULE The method of payment for this Contract shall be Specific Rate of Compensation. The cost proposal, LAPM Exhibit 10-H2 from Consultant and each subconsultant, along with DBE form, LAPM Exhibit 10-O2, must be included in a Sealed Fee Envelope separately. The fee proposal must identify all key employees and/or classifications to be billed. New key employees and/or classifications must be approved by the CITY before they incur work on the contract, or the costs can be questioned or disallowed. Fee schedule should be valid through February 2026 and shall be used in the Contract. The fee schedule shall also indicate the annual escalator, if any Consultant proposes to be applied during the term of the Contract. The initial ICR at time of SOQ submittal will be used throughout the term of the Contract. I. MASTER SERVICES ON‐CALL CONTRACT Attached to the RFQ (Appendix B) is a copy of the CITY’s standard Master Services On-Call Contract (Contract). The CITY’s standard Contract may be modified, in the CITY’s sole discretion, to address the specific provisions of this RFQ and Consultants should note that any specifications or other requirements specific to this RFQ shall be included in the Contract and Contract’s exhibits following an award of the Contract. Please review the Contract carefully and note in your SOQ any exceptions or alterations to the Contract. Alterations or changes to the Contract that are not in the Consultant’s response shall not be considered after the selection of the Consultant. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. By requiring these requests up front, the CITY can compare all respondents on an equal basis. However, the CITY reserves the right, in its sole discretion, to accept or reject any and all proposed changes to the CITY’s standard Contract. For reference, the insurance amounts that appear in the attached Contract are summarized below: TYPE SINGLE LIMIT / OCCURRENCE AGGREGATE ENDORSEMENTS*** General Liability (1D) $1,000,000 $2,000,000 Additional Insured Waiver of Subrogation Primary Non-Contributory Auto Liability (2C) $1,000,000 Scheduled, Hired and Non-Owned Additional Insured Work Comp (3A) Employer’s Liability Statutory $1,000,000 each Waiver of Subrogation Professional Liability $3,000,000 $3,000,000 (3 year tail) ***Must be actual endorsements. Typed statements on Certificates of Liability are unacceptable. This is a summary only. Please refer to the insurance section and/or exhibit of this contract for specific requirements. RFQ for On-call Construction Management Services| Instruction to Proposers 10 J. FORMS AND CERTIFICATES The following forms, certificates, and/or documents are to be completed and submitted with SOQ: A. Certification of Financial Management System and Contract Costs (LAPM Exhibit 10-K). B. Consultant Proposal DBE Commitment (LAPM Exhibit 10-O1). LAPM forms may be accessed at the following location: Local Assistance Procedures Manual (LAPM) Forms | Caltrans https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms V. QUALIFICATIONS EVALUATION 1. REVIEW FOR GENERAL RESPONSIVENESS AND SATISFACTION OF MINIMUM QUALIFICATIONS The CITY will conduct an initial review of the SOQs to determine if the Minimum Qualifications listed in Section I. Introduction to Proposers (item 4) have been met. Those not meeting the minimum qualifications will be considered non-responsive and will not be further evaluated. An SOQ that fails to include one or more items requested in Section IV. Form of Statement of Qualifications, may be considered non-responsive at the discretion of the Project Manager and a panel of staff representatives from the CITY. 2. EVALUATION SOQs deemed responsive will then be evaluated by a panel of staff representatives from CITY and potentially other partner agencies. All aspects of the SOQ evaluations, including any related discussions, documentation, correspondence, and meeting recordings, will be kept confidential during the evaluation and negotiation process. SOQs will be analyzed for conformance with the instructions and requirements of this RFQ. SOQs that do not comply with these instructions and do not include the required information may be rejected at the sole discretion of the CITY. The CITY will utilize an evaluation process based on the highest quality of service proposed that best matches the CITY’s requirements, a “Best Value” methodology. Consistent with this “Best Value” process, the SOQs will be evaluated as described below. Each SOQ will be worth a total of 100 points and will be evaluated according to the criteria listed below. If the CITY receives more than five (5) SOQs, the top five (5) scoring SOQs will be considered as most competitive and will continue with the selection process. The other SOQs will be eliminated from further consideration. The evaluation criteria and related points:  (30 Points) The Consultant’s and any subcontractors’ (collectively referred to as the Team’s) and key staff’s knowledge of, expertise in and experience in providing project management, construction management and project services for small and large scale highway, transit, bridge RFQ for On-call Construction Management Services| Instruction to Proposers 11 and/or building construction projects, and familiarity of key staff with applicable Caltrans specifications, standards, regulations, policies and procedures, with building construction requirements, and with permitting and regulatory agencies involved in major highway and bridge construction projects;  (15 Points) The Team’s and key staff’s knowledge of, expertise in and experience in providing project management, construction management and project services for federal and state funded projects;  (25 Points) The Team’s ability to have qualified key staff available on an as-needed basis;  (20 Points) The Team’s and Project Manager’s method for project management and quality control/quality assurance, project understanding, and technical approach to successfully manage and direct construction management services for small and major construction projects, including bridge construction projects;  (10 Points) Demonstrated availability within the Team’s personnel of specialized expertise to cover all of the construction management and associated services. Following the evaluation, the evaluation panel may elect to recommend award to qualified Consultants with or without interviews or to develop “short lists” of Consultants to be considered for selection. In- person interviews may be held with short-listed Consultants, and references may be contacted for any or all of the short-listed Consultants. References, including past performance on other projects performed by the Consultant for the selection panel members, if applicable, may be considered in the panel’s evaluation. During the evaluation, any potential conflicts of interest will be considered. CITY may request additional information from any Consultant that appears to have an organizational conflict of interest, including its plan to mitigate any such conflicts. CITY will not award a contract to a Consultant with an actual conflict of interest, or with an apparent conflict of interest that cannot be adequately mitigated, in CITY’s sole opinion. CITY reserves the right to accept or reject any and all SOQs submitted, to waive minor irregularities in SOQs, and to request additional information from the proposers. CITY reserves the right not to convene oral interviews and to make awards on the basis of SOQs alone. Awards if made will be made to the Consultants whose SOQs are the most advantageous to CITY, based on the evaluation criteria listed above. RFQ for On-call Construction Management Services | Appendix A: Preliminary Scope of Work A-12 APPENDIX A: PRELIMINARY SCOPE OF WORK All services performed under this Contract shall be in conformance with all applicable Local, State, a n d / o r F e d e r a l standards, regulations, policies and procedures. The Consultant shall continuously make available, throughout the life of the Contract, the qualified personnel proposed to perform the services required. All such services or work assignments shall be authorized by individual task orders that may be issued under this Contract. The on-call construction management services may include but are not limited to the following tasks: Task 1 – Preconstruction Services 1.1 Review the Project 100% PS&E and Resident Engineer Binder with applicable permits, agreements, easements, environmental documents, design engineer memos to Resident Engineer, technical reports and studies. Perform a quality assurance review of the 100% PS&E package and provide written comments in the form of a summary memorandum and "red line" markups of the plans and specifications. This review when requested by the City shallinclude a constructability review. Provide a list of items to the CITY’s Design Consultant of potential conflicts, constructability, and estimates. 1.2 Coordinate an internal design/construction transition meeting with the CITY PM, Design Consultant, CITY Traffic Engineer, CITY Surveyor and CITY O&M Manager. Ensure that all parties are prepared to execute the schedule as presented. 1.3 Coordinate schedule and conduct the pre-construction conference with Contractor and Design Consultant, CITY, and other parties involved. Ensure that all parties are prepared to execute the schedule as presented. 1.4 Prepare and analyze Project Traffic Management Plan(s) during pre-construction reviews. Review Project staging plans and propose revisions as necessary for construction. 1.5 Review the Project schedule which includes all preconstruction and utility relocations by others, notification timelines noted on all permits, agreements, and Construction Contract documents. Upon receipt of Contractor's schedule, evaluate and suggest changes that will likely improve the schedule. 1.6 Review and monitor the safety programs developed by the Contractor and as required by OSHA/Cal-OSHA. 1.7 Review Contractor’s Storm Water Pollution Prevention Plan (SWPPP). 1.8 Document pre-construction site conditions and provide aerial photographs and video on a weekly basis during the construction of the Project. The photographs and video should be taken with a drone and at a minimum should be taken from three (3) fixed locations. The three (3) fixed locations shall be coordinated with the CITY staff. RFQ for On-call Construction Management Services | Appendix A: Preliminary Scope of Work A-13 Task 2 – Construction Services During Construction 2.1 Maintain close contact with the CITY. 2.2 Provide day-to-day on-the-job observation/inspection of all construction work on the Project. Consultant inspectors shall make reasonable efforts to guard the CITY against defects and deficiencies in the work of the Contractor and to ensure provisions of the contract documents are being fulfilled. Should deficiencies be observed they must be documented, brought to the immediate attention of the Contractor and the CITY, and Consultant will assist with the resolution process. 2.3 Act as Resident Engineer in the field and comply with all City of Elk Grove requirements, including daily field reporting and weekly statements of working days. Daily Inspection Reports and diaries of Contractor’s construction activities shall be completed daily via CMIS (https://c-mis.com/) and be available to the CITY at any time. Daily inspection reports shall include, at a minimum, the following information: the number, classification and hourly summary of activity of Contractor’s employees working, material deliveries, number, type and hourly summary of Contractor’s equipment on site (both working and not used), weather conditions, discussions with the Contractor, problems and issues dealt with, changes, work completed on the day, itemization of extra work, photos, and any other information necessary to create a satisfactory record of the day’s activities at the Project site in accordance with standard inspection practice. Abnormal occurrences and unforeseen conditions shall be noted in the reports. The Consultant shall utilize CMIS software for daily inspection reports, submittals, RFIs, pay estimates, or similar. and provide access to the CITY personnel. 2.4 When necessary, issue Notices of Non-Compliance and/or take other action to ensure correction of deficiencies. If safety violations are observed, the Consultant shall take immediate appropriate action to ensure correction. 2.5 Schedule and conduct construction progress meetings. Prepare and distribute meeting minutes and agendas to all attendees. 2.6 Attend monthly status report meetings with the CITY to review detailed construction progress and budget status. 2.7 Review and respond to all Requests for Information (RFIs) and/or coordinate with the Design Engineer and the CITY to provide responses. The Consultant shall be responsible for tracking RFIs to assure the RFIs are reviewed and returned to the Contractor in a timely manner, and in accordance with Construction Contract specifications. 2.8 Review and respond to all submittals, including but not limited to shop drawings, product data and product samples. The Consultant shall coordinate submittal and RFI responses with the Design Engineer and the CITY. Log and track submittal progress. The following Logs shall be utilized to track submittals: Shop Drawing, Shop Drawing-Resubmit, Shop Drawing- Review, Submittal List. Updated submittal logs shall be made available to the CITY upon request. The Consultant shall be RFQ for On-call Construction Management Services | Appendix A: Preliminary Scope of Work A-14 responsible for tracking submittals to assure the submittals are reviewed and returned to the Contractor in a timely manner, and in accordance with Construction Contract specifications. 2.9 Collect, log, review, distribute, track, and respond to all material submittals submitted by the Contractor. 2.10 Coordinate and monitor any utility work to be performed by utility agencies and/or the Contractor. 2.11 Enforce the construction schedule and phasing plan in order to complete the Project within the allocated time and schedule. Perform schedule analysis, as needed. 2.12 Review quantities submitted with monthly progress payment requests, analyze differences over amount. 2.13 Prepare monthly progress payment recommendations by making measurements of bid items on the Project cost breakdown, checking the measurements or percent complete in the field, and assisting with Contractor meetings to resolve any differences in measurements or percent complete. 2.14 Enforce the Construction Contract requirements as they pertain to Labor Compliance, Equal Employment Opportunity, Prevailing Wage, and Disadvantaged Business Enterprise according to Caltrans Local Assistance Procedures and all State and federal regulations. 2.15 Review all change orders related to construction issues based on the Project drawings, specifications, and other design information from the Design Engineer. 2.16 Provide support to CITY’s Project Manager for multiple sources of funding that have been received for the Project. 2.17 Perform change order analysis, including reviewing: logs of proposed change orders, change order quotations from Contractor, negotiated change order costs, time extensions, processing final negotiated change orders, and effect of approved change orders in progress payment breakdowns. 2.18 Confirm on a monthly basis that the Contractor is maintaining up-to-date marked up prints of construction drawings and documents showing all field changes and as-built conditions. Maintain the same drawings and documents. If Contractor is failing to maintain the afore listed documents require that deficiencies be remedied immediately. 2.19 Review and investigate pay and benefits from the Contractor, flag discrepancies, and provide resolution documentation for the Project files. Spot check that the Contractor and subcontractors are following requirements established by the Department of Industrial Relations (DIR) as outlined the applicable Prevailing Wage Determination and Federal Bacon rules. Conduct confidential labor compliance interviews on-site with the Contractor and subcontractors and by labor classifications on a regular basis. Documentation of discrepancies shall be reported to the City in a timely manner. Confirm Contractor uploads all required DIR prevailing wage documentation in a timely manner and ensure any deficiencies are remedied immediately. RFQ for On-call Construction Management Services | Appendix A: Preliminary Scope of Work A-15 Task 3 – Public Relations 3.1 Assist the CITY and CITY Public Affairs with public outreach efforts, including but not limited to a groundbreaking ceremony, a website that shall have regular Project updates and photos and ribbon cutting ceremony at Project completion. 3.2 Coordinate with Contractor to obtain accurate and up to date construction information in preparation of Public Outreach publications and reports. 3.3 Provide a hotline that is available 24-hours a day for the public to leave voicemails with any complaints or problems with the Project. 3.4 Coordinate with local business owners and residents immediately adjacent to the Project for any items of work that may impact access to or use of their property. 3.5 Prepare Public Outreach information for web updates in preparation of temporary construction impacts to the traveling public. Task 4 – Traffic Management Coordination 4.1 Review traffic control and management/staging plans for conformity to Caltrans Manual of Traffic Control for Construction and Maintenance Work Zones, Specifications, and California MUTCD. 4.2 Inspect and photo/video document traffic control operations during construction and when necessary have contractor make adjustments. 4.3 Consultant shall coordinate with the City and Contractor to review Project construction baseline schedule. Review Contractor's baseline schedule to identify conflicts with staging and traffic management plans. 4.4 Review traffic management plan and staging plans for potential conflict with adjacent or nearby projects under construction. Analyze Traffic Management Plan conflicts between projects and recommend revisions to Project construction baseline schedules as necessary to reduce the length of temporary impacts during construction to traffic. 4.5 Notify adjacent residents and businesses that may be affected by construction and traffic control measures. 4.6 Coordinate with the CITY regarding proposed advance warning notices, signage, and striping prior to changing traffic staging. 4.7 Coordinate with the CITY’s Police, Emergency Services, School District, Refusal Services, and Regional Transit for any approval for lane and/or shoulder closures and alternate traffic routes. 4.8 Coordinate with private property owners on timing of improvements, both along Kammerer Road and within their property. Ensure compliance with timing notifications and work restrictions for construction of Project improvements. 4.9 Coordinate with CITY’s Traffic Engineer on start-up testing of signals. RFQ for On-call Construction Management Services | Appendix A: Preliminary Scope of Work A-16 Task 5 – Environmental Monitoring and Compliance 5.1 Survey, monitor and report on biological resources within the Project to comply with the Project Monitoring, Mitigation, and Reporting Plan (MMRP) and conditions in resource agency permits. 5.2 If any threatened or endangered species are found within the Project, the Consultant shall be responsible for directing the Contractor to implement a protection and monitoring plan. Task 6 – Quality Assurance and Materials Testing Services 6.1 Consultant shall provide a sub-consultant as a certified material testing agency (MTA) to perform soils and materials sampling and testing services. 6.2 All sampling and testing staff and laboratories providing testing for this Project shall have current accredited status under Caltrans IA Program and be listed on the Statewide Independent Assurance Database (SIAD) (https://sia.dot.ca.gov/index.php). 6.3 The MTA shall utilize CITY’s Quality Assurance Program to perform material sampling and testing. Sampling and testing must be performed correctly with properly calibrated equipment in good working order. 6.4 All test results shall be reported to the CITY in the shortest time that the specific test will realistically allow. 6.5 The Consultant guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the CITY. 6.6 Prevailing Wages: Services performed under the Agreement may be subject to payment of the applicable prevailing wage to the testing personnel performing the tests. The submittal of certified payroll records shall be required as work is performed or when they are needed to verify that the Consultant is in compliance with the State Labor Code. Certified payroll submittals shall be to the CITY. 6.7 If the MTA fails any tests or inspections, retests or re-inspections shall be required. 6.8 Retests and re-inspections will be billed at the same rates as the original tests. Retests shall be marked on reports and invoices to help facilitate back charging to the Contractor. 6.9 The MTA sub-consultant shall submit to the CITY all applicable certifications for the laboratory and testing personnel that will be working on the Project. All certifications must be kept current throughout the Project duration. If certifications are updated while the Project is underway, the updated certificate shall be submitted to the CITY immediately. 6.10 The CITY requiresconsistency of material testing quality throughout each phase of the Project. Consultant is therefore required to provide, wherever and whenever possible, the same field personnel for the duration of construction of the Project. RFQ for On-call Construction Management Services | Appendix A: Preliminary Scope of Work A-17 6.11 On days when work is not performed by the Contractor, such as rainy or unsuitable weather days, the materials testing personnel shall not provide services unless authorized by the CITY. Task 7 – Storm Water Pollution Prevention Plan (SWPPP) – Construction Activities 7.1. Review, make any necessary changes and approve the Contractors Storm Water Pollution Prevention Plan (SWPPP) as required by the Construction General Permit (Order No. 2009-0009-DWQ as amended by Order 2010-0014-DWQ and 2012-006-DWQ). 7.2. Oversee the implementation of the SWPPP, including oversight of the monitoring/sampling, weather and event tracking requirements, visual monitoring, inspections, and checklists. Record all pertinent information regarding SWPPP efforts of Contractor on daily inspection reporting forms. 7.3. Provide a Qualified SWPPP Practitioner (QSP) for the duration of the construction of the Project to ensure the Contractor complies with all requirements of the current Construction General Permit. The Consultant’s QSP shall be involved in the duration of the construction of the Project and will ensure the Project is completed to the satisfaction of the State Water Resources Control Board and the appropriate Notice of Termination (N.O.T.) is filed and approved by the State Water Resources Control Board. 7.4. Prevailing Wages: Services performed under the Agreement may be subject to payment of the applicable prevailing wage to the personnel inspecting the storm water BMPs. The submittal of certified payroll records shall be required as work is performed or when they are needed to verify that the Consultant or sub-consultant is in compliance with the State Labor Code. Certified payroll records shall be submitted to both DIR and the CITY. Task 8 – Post Construction Services 8.1 Coordinate, schedule, and conduct Project Final Walkthrough. 8.2 Prepare a final punch list of incomplete or unsatisfactory items and submit the list to the Contractor. Monitor that punch list items are in fact being completed. 8.3 Review punch lists items of remaining work. Provide written notification to CITY when all punch list items have been satisfactorily addressed. 8.4 Review closeout documents (e.g., maintenance, operational, warranty, or similar) as required in the Construction Contract documents, and as submitted by the Contractor at the completion of the work. 8.5 Review Contractor redlines to document all significant changes to the Project design and submit to Design Engineer to prepare record drawings. RFQ for On-call Construction Management Services | Appendix A: Preliminary Scope of Work A-18 8.6 Review and sign final record drawings and submit to CITY. 8.7 Review Contractor’s proposed Final Estimate and provide a recommendation for acceptance. 8.8 Provide the CITY with a digital copy of all the Project records using the Caltrans filing system. 8.9 Perform post construction review and prepare lessons learned documents for future Projects. 8.10 Perform other service(s) on an as needed basis: resolution of any claims from the contractor and detailed schedule analysis. List of Possible Projects for On-Call CM Services1 Project # Project Name Description Construction Fiscal Year2 Construction Cost2 WAC015 Annual Citywide Curb Ramps - 22/23. This project will remove accessibility barriers to persons using wheelchairs or other personal assistance devices by reconstruction curb ramps to meet current ADA accessibility requirements 22/23 $ 325,500.00 WAC015 Annual Citywide Curb Ramps - 23/24. This project will remove accessibility barriers to persons using wheelchairs or other personal assistance devices by reconstruction curb ramps to meet current ADA accessibility requirements 23/24 $ 325,500.00 WAC015 Annual Citywide Curb Ramps - 24/25. This project will remove accessibility barriers to persons using wheelchairs or other personal assistance devices by reconstruction curb ramps to meet current ADA accessibility requirements 24/25 $ 325,500.00 WAC015 Annual Citywide Curb Ramps - 25/26. This project will remove accessibility barriers to persons using wheelchairs or other personal assistance devices by reconstruction curb ramps to meet current ADA accessibility requirements 25/26 $ 325,500.00 RFQ for On-call Construction Management Services | Appendix A: Preliminary Scope of Work A-19 WAM009 Laguna Creek Trail and West Stockton Blvd. Multi Modal Improvements The project would resurface approximately 2,800 feet of Class I multi-use trail parallel and south of West Stockton Blvd. and would replace 34 non-compliant ADA curb ramps, install detectable warning surfaces at commercial driveways along Lewis Stein Road. The Project may include a pedestrian activated beacon system at Michener Way and West Stockton Boulevard near Lewis Stein Park (aka Pinerton Park) should additional funding become available. 22/23 $ 1,007,000.00 WAM010 Pedestrian Crossing Upgrades at 4 Locations The project will install curb ramps, crosswalks, advance yield signs, Rapid Rectangular Flashing Beacons (RRFBs) and, associated advanced warning signs. 22/23 $ 431,000.00 WTL011 Elk Grove Creek Trail Gap Closure This project will construct a new Class I Bikeway along the south side of Elk Grove Creek and add bicylce lanes along Laguna Springs Dr. 23/24 $ 971,000.00 WTL016 Laguna Creek Trail - Crossing at State Route 99 This project will construct a new Class I Bikeway overcrossing at State Route 99. 24/25 $ 6,320,000.00 WTL019 Laguna Creek Trail and Bruceville Road Sidewalk Improvements This project will construct a new 10' wide maintenance road/Class I Bikeway along Laguna Creek, close gaps in sidewalks along Bruceville Road by constructing 5'-wide pedestrian path/sidewalkds along Bruceville Rd. (from south of Sheldon Rd to Big Horn Blvd. and between south of Di Lusso Dr. and north of Laguna Blvd.) with a portion of the paths widened to 8' to connect users from the new trail west of Bruceville Road to the existing sidewalk on the bridge south of Sheldon Road. 22/23 $ 1,788,300.00 WTL033 Citywide Bike Lane Improvements for East-West Arterial Roads This project will remove, renovate, and replace existing vehicle lane and bike lane striping and roadside signs to improve bicycle mobility on major east-west arterial roads. Improvements may also 23/24 $ 550,000.00 RFQ for On-call Construction Management Services | Appendix A: Preliminary Scope of Work A-20 include construction of new curb ramps and or bicycle lanes. WTR012 Old Town Area Streetscape Phase 2 The Project will widen Elk Grove Blvd to provide a two way left turn lane, two travel lanes, buffered bike lanes, curb gutter sidewalk and frontage improvements. The project also includes utility undergrounding, and the installation of a traffic signal at the intersection of Elk Grove Blvd and Kent Street. 22/23 $ 6,734,644.00 WTR014 Kammerer Rd Two Lane Extension I-5 to Bruceville Road This project will construct a 2-lane Kammerer Rd. extension including a grade separated crossing at the Union Pacific Railroad (UPRR) tracks and modifications to the I-5 Hood Franklin interchange. The project also includes the extension of Williard Pkwy to Kammerer Rd. 24/25 $ 43,900,000.00 WTR058 Laguna Blvd Right Turn Lane to W. Stockton Blvd This project will convert the existing right turn lane into a westbound thru lane, add a right turn lane and a Class II bike lanewith video detection. 24/25 $ 1,815,000.00 WTR059 Guardrail Replacement at 4 locations This project will replace guardrail at four locations-1) Bruceville Rd at Laguna Creek Bridge- 2) Sheldon Rd at Laguna Creek Bridge -3) Waterman Rd at Laguna Creek Bridge- 4) Grant Line Rd at Deer Creek Tributary Bridge 22/23 $ 397,000.00 WTR078 Elk Grove Florin Road Complete Street & Resurfacing Project This project, which will be the third phase of multi- modal and state of good repair funding on this corridor, will include pavement resurfacing, sidewalk gap closures, ADA curb ramp upgrades, the addition of new Class II and Class III bike lanes, upgrades to video detection, and pedestrian interval prioritization. 22/23 $ 2,894,158.00 RFQ for On-call Construction Management Services | Appendix A: Preliminary Scope of Work A-21 WTR083 North Laguna Creek Area Big Horn Blvd. and FranklinBlvd Improvements. This project will result in the extension of the existing one-way Class IV bikeways or cycle track on Franklin Blvd. and add green pavement markings in high conflict areas. Also result in pavement maintenance and rehabilitation on Big Horn Blvd. with the creation of buffered bike lanes, added green pavement markings in hgh conflict areas, and upgraded curb ramps. 23/24 $ 2,042,000.00 WTR094 Citywide Traffic Signal Enhancement and Congestion Relief Project. This project will result in upgrades to the CITY's traffic signal communication network with added fiber optic lines and signal connections, and enhanced copper ethernet switches. The project will include improvements at 76 intersections by adding video detection, replacement of traffic signal backplates with reflective yellow ones, and replacement of 8-inch signal heads with 12-inch heads. The project will also include an adaptive traffic signal corridor on Elk Grove Blvd. from Backer Ranch Rd. 22/23 $ 9,817,200.00 1 List of potential projects subject to change. CITY anticipates that additional, yet unidentified, projects and or funding may potentially increase the number of projects for on-call services. In addition, the CIP Project list may be revised from time to time during the term of the Contract. 2 Estimated beginning year of construction and construction cost subject to change. RFQ for On-call Construction Management Services | Appendix B: Master Services On-Call Contract B-1 APPENDIX B: MASTER SERVICES ON‐ CALL CONTRACT CITY OF ELK GROVE MASTER SERVICES CONTRACT FOR CONSULTANT NAME ON-CALL CONSTRUCTION MANAGEMENT SERVICES MASTER SERVICES CONTRACT THIS CONTRACT “Contract”) is made on _________________, 20__, by and between the City of Elk Grove, a municipal corporation (the “City”) and Consultant Name (the “Consultant”), collectively referred to as the “Parties.” WITNESSETH WHEREAS, the Consultant has presented a proposal to provide services, which services are identified in the Scope of Work attached hereto and incorporated herein by this reference as Exhibit A, and by reason of its qualifications, experience, and facilities, is duly authorized to perform the type of services contemplated herein; and, WHEREAS, the City desires to hire Consultant to perform the Scope of Work pursuant to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises set forth herein, City and Consultant agree to as follows: 1. SCOPE OF SERVICES A. Consultant shall do all work described herein, and as further set forth in individual task orders issued by the City to Consultant. The terms and conditions of this Contract shall control all Task Orders (“Task Orders”). B. The Consultant agrees it has satisfied itself by its own, investigation and research, regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. 2. TERM OF CONTRACT A. This Contract shall be effective as of the date executed by the Parties and approved as to form by the City Attorney and shall terminate at 11:59 p.m. on June 30, 2025, unless earlier terminated pursuant to Section 14 of this Contract. The City Manager, at their sole discretion, shall have the option to extend the term of the Contract for up to two (2) years. B. The period of performance for each specific task shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Contract, the terms of the Contract may be extended by Contract amendment. 3. SCHEDULE FOR PERFORMANCE Performance shall be in accordance with the terms of this Contract and each individual Task Order as issued. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 4 amd/or termination of the Contract. 4. COMPENSATION A. City shall pay Contractor on a time and expense basis as described in the Scope of Work and the Not to Exceed amount set forth in each individual Task Order in accordance with the rate schedule set forth on Exhibit “C”, which is attached hereto and incorporated herein by reference. The specified hourly billing rates shall include (actual cost) direct salary costs, employee benefits, overhead, and a fixed fee. Actual costs may also include travel, equipment rental costs, and other direct costs incurred by the Consultant. Said amount shall be paid upon submittal of a monthly invoice showing completion of the tasks that month, including the services rendered, the costs incurred for materials, the person(s) rendering performed services, the amount of time spent by such person(s) and the applicable hourly rate. Consultant shall only be reimbursed for incurred (actual) direct costs other than hourly billing costs that are identified in the executed Task Order. In no event shall Consultant be entitled to compensation for work not included in each Task Order’s Scope of Work, unless a written task order amendment or authorization describing the extra work and payment terms has been executed by City. In no event shall total compensation paid to Consultant under this Contract, including all Task Orders, exceed five million and No Cents ($5,000,000.00) without City’s prior written approval. B. The indirect cost rate established for this Contract is extended through the duration of this specific Contract. In addition to the allowable incurred actual costs, the City will pay the Consultant a fixed fee of X% for hourly billing rates. The fixed fee is nonadjustable for the term of the Contract, except in the event of a significant change in the scope of work and such adjustment is made by Contract amendment. C. If Consultant’s performance is not in conformity with the Scope of Work, including but not limited to, failure to satisfactorily complete any deliverable in the sole discretion of the City, lack of conformity to the Schedule of Performance, or claims for compensation that don’t conform to the billing practices in section A above, invoices will be rejected and payments may be delayed or denied in whole or in part, unless otherwise agreed to by City in writing. D. Consultant shall designate an invoice manager which shall serve as a single point of contact for the City to address any invoicing questions, concerns, credits, or revisions. E. If the work is halted at the request of City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 14, Termination. 5. NOTICES A. Consultant shall transmit invoices and any notices required by this Contract, to City as follows: City of Elk Grove City of Elk Grove Attn: Public Works Department Attn: City Attorney’s Office 8401 Laguna Palms Way 8401 Laguna Palms Way Elk Grove, California 95758 Elk Grove, California 95758 B. City shall transmit payments on invoiced amounts and any notices required by this Contract to Consultant as follows: _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ 6. PROFESSIONAL SERVICES Consultant agrees that services shall be performed and completed in the manner and according to the professional standards observed by a competent practitioner of the profession in which Consultant and its subcontractors/subconsultants or agents are engaged. Consultant shall not, either during or after the term of this Contract, make public any reports or articles, or disclose to any third party any information, confidential or otherwise, relative to the work of City or the operations or procedures of City without the prior written consent of City. Consultant further agrees that it shall not, during the term of this Contract, take any action that would affect its impartiality or professionalism due to the City, whether perceived or actual. 7. INDEPENDENT CONTRACTOR A. It is understood and agreed that Consultant (including Consultant’s employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. B. Consultant’s assigned personnel shall not be entitled to any benefits payable to employees of City. C. City is not required to make any deductions or withholdings from the compensation payable to Consultant under the provisions of the Contract and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. D. Consultant, in the performance of its obligation hereunder, is only subject to the control or direction of City as to the designation of tasks to be performed and the results to be accomplished. E. Any third-party person(s) employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of ContractorConsultant. F. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract 8. CALIFORNIA PREVAILING WAGE REQUIREMENTS A. The Consultant and any subconsultant hired by Consultant shall comply with California Labor Code section 1720, et seq., regarding the payment of prevailing wage to the extent applicable to the activities undertaken pursuant to this Contract. Prevailing wage rates may be obtained from the California Director of Industrial Relations. The Consultant shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. (1) The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the California Director of Industrial Relations. The Consultant agrees to pay workers not less than the applicable prevailing rate of per diem wages. (2) Consultant shall keep an accurate payroll record which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice (attention shall be directed to California Labor Code Section 1777.5 for compliance), worker or other employee paid by the Consultant/subconsultant in connection with the Work. (3) These payroll records shall be certified and shall be made available at Consultant’s principal office. These records shall be maintained during the course of the contract. The Consultant and all subconsultants shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site. (4) The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subconsultants and any lower-tier subconsultants. (5) The project will not be accepted as complete by the City nor final payment made until all items of non-compliance are corrected or until appropriate provision is made by depository agreement to assure the ultimate resolution and payment of any back wages that may be found due 9. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING A. The Consultant certifies, to the best of their knowledge and belief, that: 1. No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Contract, or with the extension, continuation, renewal, amendment, or modification of this Contract. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Contract, the Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. C. The Consultant also agrees by signing this document that they shall require that the language of this certification be included in all lower tier subcontracts, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. 10. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103. B. During the performance of this Contract, Consultant and its subconsultants shall not deny the Contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by the City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Contract by reference and made a part hereof as if set forth in full. D. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause. E. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Contract. G. The Consultant, with regard to the work performed under this Contract, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. H. The Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants. I. Consultant, subrecipient or subconsultant shall never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. 11. AUTHORITY OF CONSULTANT Consultant shall possess no authority with respect to any City decision and no right to act on behalf of City in any capacity whatsoever as agent, or to bind City to any obligations whatsoever. 12. CONFLICT OF INTEREST Consutant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Contract. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Contract. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law. Rebates, Kickbacks or Other Unlawful Consideration: The Consultant warrants that this Contract was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, the City shall have the right, in its discretion, to terminate this Contract without liability, to pay only for the value of the work actually performed, or to deduct from this Contract amount or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 13. AMENDMENTS, CHANGES OR MODIFICATIONS Amendments, changes or modifications in the terms of this Contract may only be made by mutual written Contract amendment between the Parties hereto and shall be signed by the persons authorized to bind the Parties., in the case of the City such amendments shall be authorized by the City Manager. 14. TERMINATION A. This Contract may be terminated by City, provided that City gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 18, Property of City. B. City may temporarily suspend this Contract, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section. C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Contract by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. D. In the event of termination, Consultant shall be compensated as provided for in this Contract, except as provided in Section 14C. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 18, Property of City. 15. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. B. The Consultant also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Consultant to City. D. When a Consultant or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. 16. FUNDING Consultant agrees and understands that renewal of this Contract in subsequent years is contingent upon action by City Council, consistent with the appropriations limits of Article XIII B of the California Constitution, and that the City Council may determine not to fund this Contract in subsequent years. 17. NOTICE TO PROCEED Prior to commencing work under this Contract, Consultant shall receive a written “Notice to Proceed” from the City’s Public Works Director, or their authorized representative. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay Consultant for any services prior to issuance of the Notice to Proceed. An executed Task Order shall serve as notice to proceed with the scope of services under each Task Order. 18. PROPERTY OF CITY A. It is mutually agreed that all materials prepared by Consultant under this Contract shall become the property of City, and Consultant shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Contract must be approved in writing by City. B. Additionally, it is agreed that the Parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City. C. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk. 19. COMPLIANCE WITH LAW Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. 20. REPRESENTATIONS A. Consultant agrees and represents that it is qualified to properly provide the services set forth herein, in a manner which is consistent with the generally accepted standards of Consultant’s profession. B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law. C. Consultant shall designate a contract manager who at all times shall represent Consultant before City on all matters relating to this Contract. The contract manager shall continue in such capacity unless and until they are removed at the request of City, is no longer employed by Consultant, or is replaced with the written approval of City, which approval shall not be unreasonably withheld. D. Consultant shall have a quality management plan in place. The quality management plan must include, but is not limited to, internal quality control and quality assurance procedures with clear separation of responsibilities between for both procedures. The Consultant shall utilize the quality management plan procedures as part of the submittal of all work products and all work products shall be reviewed before submittal to the City. Consultant shall certify that each work product has been reviewed using the procedures from the quality management plan. Each certification shall be signed by the preparer of the work product, quality control reviewer and quality assurance reviewer approving the work product for submittal to the City. Consultant shall utilize quality control staff with demonstrated experience and competence in the area involved in the work product. Consultant shall retain a copy of the quality management plan and the quality control and quality assurance completed for each work product. No payment shall be paid for work products submitted to the City which have not been reviewed and certified. The Consultant shall provide the City with a copy of the quality management plan and the quality control and quality assurance completed for each work product, if requested. The Consultant shall update the quality management plan at least annually and in consideration of input from the City. E. Consultant shall provide corrective services without charge to City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) calendar days of discovery. Should Consultant fail or refuse to perform promptly its obligations, City may render or undertake performance thereof and Consultant shall be liable for any expenses thereby incurred 21. APPROVAL OF STAFF MEMBERS A. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the services required under this Contract. Consultant shall notify City of any changes in Consultant’s staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City’s Public Works Director or their authorized representative of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. The list shall include staff member names, corresponding classification or job title, hourly billing rate, location and qualifications. B. Consultant shall at all times provide staff that maintains professional demeanor and attire in both public and private settings. Personnel who do not deliver satisfactory professional high level quality product customary of the standards in the industry and exceptional customer service shall be removed by the Consultant immediately at the request of the City, and immediately replaced, if necessary, with other qualified personnel in accordance with 18A. C. Criminal History Background Checks: The Consultant shall coordinate with the City to ensure that all City-assigned staff shall complete a Criminal History Background check at the expense of the Consultant. The City shall make available to the Consultant locations for fingerprinting by the City. Upon receipt of the reports, the City shall review the results and forward to the Consultant a list of all employees and whether they were a pass or fail. Anyone failing the criminal history background shall not be eligible to work under contract to the City. 22. ASSIGNMENT AND SUBCONTRACTING: A. Except as expressly authorized herein, Consultant’s obligations under this Contract are not assignable or transferable, and Consultant shall not subcontract any work, without the prior written approval of City. However, claims for money due or which become due to Consultant from City under this Contract may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to City. B. Nothing contained in the Contract or otherwise, shall create any contractual relationship between the City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be fully responsible to the City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omission of persons directly employed by Consultant. Consultant shall review all work produced by any subconsultant prior to providing such to the City and certify such work under the process found in Section 20(D). Consultant’s obligation to pay its subconsultant(s) is an independent obligation from the City’s obligation to make payments to the Consultant. C. Any substitution of subconsultant(s) or contractor(s) must be approved in writing by the City’s Public Works Director or his/her authorized representative prior to the start of work by the subconsultant(s). D. Consultant shall be as fully responsible to City for the negligent acts and omissions of its contractors and subcontractors/subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by Consultant. E. Any subcontract entered into as a result of this Contract, shall contain all the provisions stipulated in this entire Contract to be applicable to Subconsultants unless otherwise noted. F. Consultant shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the Consultant by the City. G. Any substitution of Subconsultants must be approved in writing by the City’s Public Works Director or their authorized representative in advance of assigning work to a substitute Subconsultant. H. Prompt Progress Payment Consultant or subconsultant shall pay to any subconsultant, not later than seven (7) days after receipt of each progress payment, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a bona fide dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made pursuant to the California Public Contract Code. As a disciplinary action, the City will withhold payment until subconsultant is paid. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants. 23. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by the City’s Public Works Director shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service, or consulting work not covered in Exhibit C and exceeding five thousand dollars ($5,000), with prior authorization by the City’s Public Works Director, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified. C. Any equipment purchased with funds provided under the terms of this Contract is subject to the following: 1. Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, the City shall receive a proper refund or credit at the conclusion of the Contract, or if the Contract is terminated, Consultant may either keep the equipment and credit the City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit the City in an amount equal to the sales price. If the Consultant elects to keep the equipment, fair market value shall be determined at the Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by the City and the Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the City. 2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. 24. MATERIALS CONFIDENTIAL All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City, or except by court order. If ContractorConsultant or any of its officers, employees, or subcontractors/subconsutlants does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements. 25. LIABILITY OF CONSULTANT—NEGLIGENCE Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors/subconsultants. City shall have no right of control over the manner in which the work is to be done but only as to its outcome and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors/subconsultants. WORKERS’ COMPENSATION Consultant and all subcontractors/subconsultants shall maintain Workers’ Compensation insurance as required by California law and attest to having such under Exhibit E. 26. INDEMNITY AND LITIGATION COSTS To the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this Contract on the part of Consultant, except such loss or damage which was caused by the sole negligence, or willful misconduct of City, as determined by a Court of competent jurisdiction. Unless and until such judicial determination is made, or as otherwise agreed by the parties, Consultant shall remain obligated to defend, indemnify, and hold harmless City, its officers, officials, employees, volunteers, and agents pursuant to this Contract. The provisions of this section shall survive termination or suspension of this Contract. In any contract that Consultant enters into with any subcontractor/subconsultant in any capacity related to any and all duties under this Contract, there must be an indemnification provision identical to the one provided in this Section applicable to the subcontractor/subconsultant requiring the subcontractor/subconsultant to assume the defense, indemnify and save harmless City to the same extent as Consultant. Consultant’s failure to include such an indemnification provision in any contract with a subcontractor/subconsultant shall constitute a material breach of this Contract. In the event Consulant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, and save harmless City as prescribed under this Section. 27. EVIDENCE OF INSURANCE COVERAGE Prior to commencement of any work under this Contract, Consultant shall provide and maintain in effect during the term of this Contract evidence of insurance coverage as set forth in Exhibit D, attached hereto and incorporated herein by reference. These insurance requirements are summarized as follows: TYPE SINGLE LIMIT / OCCURRENCE AGGREGATE ENDORSEMENTS*** General Liability (1D) $1,000,000 $2,000,000 Additional Insured Waiver of Subrogation Primary Non-Contributory Auto Liability (2C) $1,000,000 Scheduled, Hired and Non-Owned Additional Insured Work Comp (3A) Employer’s Liability Statutory $1,000,000 each Waiver of Subrogation Professional Liability $3,000,000 $3,000,000 (3 year tail) ***Must be actual endorsements. Typed statem...