2009/07/14 City Council Resolution 2009-69RESOLUTION NO. 2009-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A DESIGN PROFESSIONAL SERVICES
AGREEMENT WITH WEST YOST ASSOCIATES FOR THE
COLLEGE TRUNK SEWER REPAIR PROJECT, CITY PROJECT NO. 2009-02
WHEREAS, there is a potentially hazardous sewer pipe crossing in a creek and the City
of Rohnert Park wishes to remedy the condition;
WHEREAS, on April 14, 2009, the City Council adopted Resolution No. 2009 -35
amending the FY 2008 -09 Capital Improvements Project Budget to include a College Trunk
Sewer Repair Project, City Project No. 2009 -02 (the "Project ");
WHEREAS, Resolution No. 2009 -35 also directed staff to undertake measure to remedy
the potentially hazardous condition of the sewer pipeline;
WHEREAS, the Public Works Department has lined the pipe with a cured -in -place pipe
liner as a temporary fix;
WHEREAS, on May 5, 2009, staff issued a Request For Proposals ( "RFP ") for the
Project for the purpose of identifying a qualified consultant/design team that can assist the City
with the design and construction of the Project; and
WHEREAS, the City invited six consultants to propose on this work and received a total
of five proposals. West Yost was chosen due to their experience and expertise in this particular
type of work.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rohnert
Park authorizes and approves a professional services agreement with West Yost Associates for
the College Trunk Sewer Repair Project, City Project No. 2009 -02, for a not -to- exceed cost of
$313,000.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
necessary documentation in substantially similar form to the attached agreement, and is also
authorized to execute amendments up to 10% of the original contract amount.
DULY AND REGULARLY ADOPTED this 14'' day of July, 2009.
ATTEST:
Clerk
OF ROHNERT PARK
V1
BELFORTE: AYE CALLINAN: ABSENT MACKENZIE: AYE STAFFORD: AYE BREEZE: ABSENT
AYES: (3) NOES: (0) ABSENT: (2) ABSTAIN: (0)
DESIGN PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into as of the day of , 2009, by and
between the CITY OF ROHNERT PARK, herein called the "City ", and West Yost Associates,
herein called the "Design Professional ".
Recitals
WHEREAS, City desires to obtain design services and construction management services
in connection with designing a lower crossing of a sewer line that currently crosses a
creek in Rohnert Park; and
WHEREAS, Design Professional hereby warrants to the City that Design Professional is
skilled and able to provide such services described in Section 1 of this Agreement; and
WHEREAS, City desires to retain Design Professional pursuant to this Agreement to
provide the services described in Section 1 of this Agreement.
Agreement
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. Subject to such policy direction and approvals as the City
through its staff may determine from time to time, Design Professional shall perform the services
set out in the "Scope of Work and Schedule of Performance" attached hereto as Exhibit "A ".
2. Time of Performance. The services of Design Professional are to commence at
the time contract is fully executed and, subject to City approval, be completed not later than June
30, 2010. Design Professional shall perform its services in accordance with the schedule in
Exhibit "A ". Any changes to these dates in either Section 2 or Exhibit "A" must be approved in
writing by John Goodwin or its representatives.
3. Compensation and Method of Pa ment.
A. Compensation. The compensation to be paid to Design Professional,
including both payment for professional services and reimbursable expenses, shall be at the rate
and schedules attached hereto as Exhibit `B ". However, in no event shall the amount City pays
Design Professional exceed Three hundred thirteen thousand Dollars ($313,000). Payment by
City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such
defects were known to the City at the time of payment.
B. Timing of Payment. Billing for said services shall be made once at the
conclusion of the work and submittal of the records and any appropriate report. City shall review
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Design Professional's billing statement and pay Design Professional for services rendered within
45 days of receipt of a complete billing statement that meets all requirements of this Agreement.
C. Changes in Compensation. Design Professional will not undertake any
work that will incur costs in excess of the amount set forth in Paragraph 3(A) without prior
written amendment to this Agreement.
D. Taxes. Design Professional shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance contributions,
Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or
other taxes or assessments now or hereafter in effect and payable by reason of or in connection
with the services to be performed by Design Professional.
E. No Overtime or Premium Pay. Design Professional shall receive no
premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty
(40) hours per work week, or work performed during non - standard business hours, such as in the
evenings or on weekends. Design Professional shall not receive a premium or enhanced pay for
work performed on a recognized holiday. Design Professional shall not receive paid time off for
days not worked, whether it be in the form of sick leave, administrative leave, or for any other
form of absence.
F. Litigation Support. Design Professional agrees to testify at City's request
if litigation is brought against City in connection with Design Professional's report. Unless the
action is brought by Design Professional or is based upon Design Professional's negligence, City
will compensate Design Professional for the preparation and the testimony at Design
Professional's standard hourly rates, if requested by City and not part of the litigation brought by
City against Design Professional.
4. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the Design Professional. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Failure of the Design Professional to secure City's written
authorization for extra or changed work shall constitute a waiver of any and all right to
adjustment in the contract price or time due, whether by way of compensation, restitution,
quantum meruit, etc. for work done without the appropriate City authorization.
5. Duties of City. City shall provide all information requested by Design
Professional that is reasonably necessary to performing the Scope of Work. City retains all rights
of approval and discretion with respect to the projects and undertakings contemplated by this
Agreement.
6. Ownership of Documents. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Design Professional under the Agreement shall be vested in the City, none of which shall be used
in any manner whatsoever, by any person, firm, corporation, or agency without the expressed
written consent of the City. Basic survey notes and sketches, charts, computations, and other
data prepared or obtained under the Agreement shall be made available, upon request, to the City
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without restriction or limitations on their use. Design Professional may retain copies of the
above - described information but agrees not to disclose or discuss any information gathered,
discussed or generated in any way through this Agreement without the written permission of City
during the term of this Agreement, unless required by law.
7. Employment of Other Design Professionals Specialists or Experts. Design
Professional will not employ or otherwise incur an obligation to pay other consultants, specialists
or experts for services in connection with this Agreement without the prior written approval of
the City. Any consultants, specialists or experts approved by City are listed in Exhibit D.
8. Conflict of Interest.
A. Design Professional covenants and represents that neither it, nor any
officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which
would conflict in any manner with the interests of City or which would in any way hinder Design
Professional's performance of services under this Agreement. Design Professional further
covenants that in the performance of the Agreement, no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express written
consent of the City. Design Professional agrees to at all times avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of this
Agreement.
B. Design Professional is not a designated employee within the meaning of
the Political Reform Act because Design Professional:
(1) will conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal contract monitoring; and
(2) possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. §
18700(a)(2).)
9. Interest of Members and Employees of City. No member of the City and no other
officer, employee or agent of the City who exercises any functions or responsibilities in
connection with the carrying out of any project to which this Agreement pertains, shall have any
personal interest, direct or indirect, in this Agreement, nor shall any such person participate in
any decision relating to this Agreement which affects its personal interests or the interest of any
corporation, partnership or association in which he /she is directly or indirectly interested.
10. Liability of Members and Employees of City. No member of the City and no
other officer, employee or agent of the City shall be personally liable to Design Professional or
otherwise in the event of any default or breach of the City, or for any amount which may become
due to Design Professional or any successor in interest, or for any obligations directly or
indirectly incurred under the terms of this Agreement.
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11. Indemnity.
A. To the fullest extent permitted by law (including, without limitation,
California Civil Code Sections 2782 and 2782.8), Design Professional shall defend (with legal
counsel reasonably acceptable to the City) indemnify and hold harmless City and its officers,
agents, departments, officials, representatives and employees (collectively "Indemnitees ") from
and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to
or death of an employee of Design Professional or its sub - Design Professionals), expense and
liability of every kind, nature and description (including, without limitation, fines, penalties,
incidental and consequential damages, court costs, attorneys fees, litigation expenses and fees of
expert consultants or expert witnesses incurred in connection therewith, and costs of
investigation), that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Design Professional, any sub - Design Professional, anyone directly or indirectly
employed by them, or anyone that they control (collectively "Liabilities "). Such obligations to
defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such
Liabilities are caused by the negligence, active negligence, or willful misconduct of such
Indemnitee.
S. Neither termination of this Agreement nor completion of the Services shall
release Design Professional from its obligations under this Section 11, as long as the event.giving
rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective
date of any such termination or completion.
C. Design Professional agrees to obtain executed indemnity agreements with
provisions identical to those set forth in this section from each and every sub - Design Professional
or any other person or entity involved by, for, with or on behalf of Design Professional in the
performance of this Agreement. If Design Professional fails to obtain such indemnity obligations
from others as required, Design Professional shall be fully responsible for all obligations under
this Section. City's failure to monitor compliance with this requirement imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. The obligation to
indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of
Design Professional and shall survive the termination of this Agreement or this section.
D. Design Professional's compliance with the insurance requirements does
not relieve Design Professional from the obligations described in this Section 11, which shall
apply whether or not such insurance policies are applicable to a claim or damages.
12. Design Professional Not an Agent of City. Design Professional, its officers,
employees and agents shall not have any power to bind or commit the City to any decision.
13. Independent Contractor. It is understood that Design Professional, in the
performance of the work and services agreed to be performed by Design Professional, shall act as
and be an independent contractor and not an agent or employee of City; and as an independent
contractor, Design Professional shall obtain no rights to retirement benefits or other benefits
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which accrue to City's employees, and Design Professional hereby expressly waives any claim it
may have to any such rights.
14. Compliance with Laws.
A. General. Design Professional shall use the standard of care in its
profession to comply with all applicable federal, state and local laws, codes, ordinances and
regulations. Design Professional represents and warrants to City that it has all licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required for
Design Professional to practice its profession. Design Professional represents and warrants to
City that Design Professional shall, at its sole cost and expense, keep in effect or obtain at all
times during the term of this Agreement any licenses, permits, insurance and approvals which are
legally required for Design Professional to practice its profession.
B. Workers' Compensation. Design Professional certifies that it is aware of
the provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self - insurance in accordance with the
provisions of that Code, and. Design Professional certifies that it will comply with such
provisions before commencing performance of this Agreement.
C. Prevailing Wage. Design Professional and Design Professional's sub -
Design Professionals, shall, to the extent required by the California Labor Code, pay not less than
the latest prevailing wage rates to workers and professionals as determined by the Director of
Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter
1, Article 2. Copies of the applicable wage determination are on file at the City Clerk's office.
D. Injury and Illness Prevention Program. Design Professional certifies that it
is aware of and has complied with the provisions of California Labor Code Section 6401.7,
which requires every employer to adopt a written injury and illness prevention program.
E. City Not Responsible. The City is not responsible or liable for Design
Professional's failure to comply with any and all of said requirements.
15. Confidential Information. All data, documents, discussions or other information
developed or received by or for Design Professional in performance of this Agreement are
confidential and not to be disclosed to any person except as authorized by City, or as required by
law.
16. Insurance. Without limiting Design Professional's indemnification provided
herein, Design Professional shall comply with the requirements set forth in Exhibit C to this
Agreement.
17. Assignment Prohibited. Neither the City nor Design Professional may assign any
right or obligation pursuant to this Agreement. Any attempted or purported assignment of any
right or obligation hereunder shall be void and of no effect.
R,
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18. Termination of Agreement.
A. This Agreement and all obligations hereunder may be terminated at any
time, with or without cause, by the City upon 5 days' written notice to Design Professional.
Design Professional may terminate this Agreement upon 30 days' written notice to City.
B. If Design Professional fails to perform any of its material obligations
under this Agreement, in addition to all other remedies provided by law, City may terminate this
Agreement immediately upon written notice.
C. Upon termination with or without cause, all finished and unfinished
documents, project data and reports shall, at the option of the City, become its sole property and
shall, at Design Professional's expense, be delivered to the City or to any party it may so
designate.
D. In the event termination is without cause, Design Professional shall be
entitled to any compensation owing to it hereunder up to the time of such termination, it being
understood that any payments are full compensation for services rendered prior to the time of
payment; provided, however, that Design Professional shall be entitled to compensation for work
in progress at the time of termination.
19. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as he /she deems necessary due to
unfavorable conditions or to the failure on the part of the Design Professional to perform any
provision of this Agreement. Design Professional will be paid for satisfactory Services
performed through the date of temporary suspension. In the event that Design Professional's
services hereunder are delayed for a period in excess of six (6) months due to causes beyond
Design Professional's reasonable control, Design Professional's compensation shall be subject to
renegotiation.
20. Amendment. This Agreement constitutes the complete and exclusive statement of
the agreement between City and Design Professional shall supersede any previous agreements,
whether verbal or written, concerning the same subject matter. This Agreement may be amended
or extended from time to time by written agreement of the parties hereto.
21. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort and no provisions shall be interpreted against a party on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
22. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
23. Time of the Essence. Time is of the essence of this Agreement.
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24. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in writing
and either served personally or sent by prepaid, first class mail. Any. such notice, demand, etc.
shall be addressed to the other parry at the address set forth hereinbelow. Either parry may
change its address by notifying the other parry of the change of address. Notice shall be deemed
communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City Engineer
City of Rohnert Park -City Hall
130 Avram Avenue, Second Floor
Rohnert Park, CA 94928
If to Design Professional: John Goodwin
West Yost Associates
131 A Stony Circle, Suite 100
Santa Rosa, CA 95401
25. Design Professional's Books and Records.
A. Design Professional shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to City for a minimum period of
three (3) years, or for any longer period required by law, from the date of final payment to Design
Professional.
B. Design Professional shall maintain all documents and records which
demonstrate performance under this Agreement for a minimum period of three (3) years, or for
any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to City for
inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon,
the records shall be available at Design Professional's address indicated for receipt of notices in
this Agreement.
D. City may, by written request by any of the above -named officers, require
that custody of the records be given to City and that the records and documents be maintained in
the City Manager's office. Access to such records and documents shall be granted to any parry
authorized by Design Professional, Design Professional's representatives, or Design
Professional's successor -in- interest.
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26. Equal Employment Opportunity. Design Professional is an equal opportunity
employer and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Design Professional will not discriminate against any employee or
applicant for employment because of race, age, sex, creed, color, sexual orientation, marital
status or national origin. Design Professional will take affirmative action to ensure that
applicants are treated during such employment without regard to race, age, sex, creed, color,
sexual orientation, marital status or national origin. Such action shall include, but shall not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; lay -offs or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. Design Professional further agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
27. Cily Not Obligated to Third Parties. City shall not be obligated or liable for
payment hereunder to any parry other than the Design Professional.
28. Waiver. No failure on the part of either parry to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that parry may have hereunder.
29. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
30. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation Rates and Charges
C. Exhibit C: Insurance for Design Professional Services
D. Exhibit D: Other Consultants, Specialists or Experts Employed by
Design Professional
E. Exhibit E: Design Requirements
31. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
32. News Releases/Interviews. All Design Professional and sub - Design Professional
news releases, media interviews, testimony at hearings and public comment shall be prohibited
unless expressly authorized by the City.
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33. Venue. In the event that suit shall be brought by either parry hereunder, the
parties agree that trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
IN WITNESS WHEREOF, the City and Design Professional have executed this Agreement as of
the date first above written.
CITY OF ROHNERT PARK
Daniel Schwarz, Interim City Manager Date
Per Resolution No. 2009- adopted by the Rohnert Park
City Council on
ATTEST:
City Clerk
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WEST YOST ASSOCIATES
Jo Goodwin, P.E. Date
Wei Yost Associates
APPROVED AS TO FORM:
City
Attorney
EXHIBIT A
SCOPE OF WORK
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The top of the existing pipeline
is exposed at the crossing of
Hinebaugh Creel:.
IMIBIT "A!'
Page 1 of 7
PROJECT WORK PLAN
Project Understanding
The City is seeking design and construction management service to
address an immediate reliability issue posed by the College Trunk Sewer
across Hinnebaugh Creek. The current crossing is exposed, and pipe
bedding has eroded. In order to provide the needed reliability, the City is
considering lowering the existing pipe at this location through replacement
of the existing pipe with an inverted siphon.
Although a viable solution in appropriate situations, as discussed in
Section B of this proposal, West Yost. Associates (WYA) is concerned that
a siphon facility will not function properly based on the insufficient slope
or fall available and may not be cost effective when considering the long
term cleaning costs of a siphon facility. Our concerns are based on our
experience evaluating and recommending solutions for other existing
siphon facilities for various agencies including the Sacramento Area Sewer
District, City of Sacramento, and Union Sanitary District. Therefore, our
work plan addresses the immediate need initially on emergency repair,
followed by an alternatives analysis to develop the most cost effective and
maintenance -free solution.
Work Plan
WYAs scope of services is based on completing the following work plan:
Step 1. Immediately stabilize and protect the existing pipeline
under emergency declaration.
City of Rohner! Park 1 ColleQ..e Trunk SeV&f Improver ienis Project
EMBIT "A"
Page 2 of 7
Our design scope is based on
relocation of the creek crossing to.
the golf course.
Task 1 Deliverables: Meeting
agendas, meeting minutes,
and draft and final versions of
technical memoranda.
Step 2. Develop and evaluate permanent alternatives. These
solutions may include: (1) stabilizing and protecting the existing
pipeline, (2) constructing a siphon by bore and jack (as currently
suggested); constructing a siphon by horizontal directional drilling;
(3) relocating the creek crossing to the City -owned golf course; or
other alternatives that may be suggested by City staff.
Step 3. Design and obtain permits for a permanent new facility,
if necessary.
Step 4. Provide construction management services, if necessary.
Scope of Services
Following is a detailed scope of services for completing the above tasks.
Tasks relating to right of way, design, bid, and construction period services
are listed as optional tasks since these tasks may not be necessary.
The design task is based on relocating the creek crossing to the golf course.
It is anticipated that the crossing at the golf course could be open cut using
temporary bulkheads and a temporary culvert to maintain creek flow. It
is assumed that the length of new pipeline would be approximately 2,000
to 2,300 feet.
TASK 1. Emergency Pipeline Repairs
SUBTASK 1.1— Review Existing Data and Site Inspection. Review
existing drawings and CCTV data for existing pipeline. Work with City
staff to complete a site inspection to verify type of pipe material, condition
of pipe support, and determine if voids are present under the pipeline.
SUBTASK 1.2— Coordination with Permitting Agencies. Conduct
two group meetings with permitting agencies to notify and identify each
agencies' emergency repair requirements for the pipeline.
SUBTASK 1.3— Develop Emergency Stabilization and Protection
Recommendations. Prepare sketches and a brief technical memorandum
summarizing recommendations for stabilization and protection of the
existing pipeline.
TASK 2. Develop and Evaluate Permanent Pipeline Grassing
Alternatives (Optional Task)
SUBTASK 2.1— Workshop to Identify Alternatives. Conduct a
workshop with City staff to present and review preliminary options for
permanent repair and identify City concerns and requirements for each
alternatives. The meeting would also brainstorm additional alternatives.
Identify up to three alternatives for evaluation.
SUBTASK 2.2— Evaluate Alternatives. Evaluate up to three
alternatives chosen by City staff. The evaluation will consider hydraulics,
rMY of Pohnerr Park 1 College Trunk Sealer Impovements Pro;ec:
EXHIBIT :'A"
Page 3 of 7
constructability, maintenance access and issues, impacts to residents,
permitting issues and other criteria suggested by City staff.
SUBTASK 2.3 Technical Memorandum and Workshop. Conduct a
workshop with City staff to review the evaluation and recommendations.
Prepare a technical memorandum summarizing the results of the
evaluation and recommendations.
TASK 3. Environmental and Permuting Assistance
It is anticipated that the CEQA documentation will include an initial study
that will determine that a mitigated negative declaration will be sufficient
to reduce potential impacts of the proposed project.
Depending on the design, the pipeline crossing of the Hinebaugh Creek
may fall within the regulatory authority of the California Department of
Fish and Game and the US Army Corp of Engineers. In addition, if the
project falls with the scope of the Army Corps of Engineers authority, the
Corps will likely to consult with the US Fish and Wildlife Service to ensure
the project does not affect federally protect resources; and the RWQCB to
obtain a water quality certification. This scope assumes no species specific
surveys or detailed assessments will be necessary. It is assumed that the
City will pay all permit application fees.
SUBTASK 3.7— Initial Study and Mitigated Negative Declaration
(IS /MND). The IS will be prepared based on the the checklist in Appendix
G of the CEQA guidelines. An administrative draft IS /MND will be
provided for City review. After addressing City comments, the IS /MND
will be provided for public review and distribution. After the public review
period, the final document will address any public comments received,
incorporate edits to the MND and the mitigation monitoring and reporting
program, and identify the findings necessary to adopt the MND.
SUBTASK 3.2— Environmental Permitting. Obtaining Section 404
permitting for the Army Corps of Engineers will consist of preparation
of the Pre - Construction Notification which will include a discussion of
the avoidance and minimization measures undertaken during design. It
is assumed that the information detailed in the CEQA documentation is
sufficient to support the Section 106, State Historic Preservation Office
Consultation.
Prepare an application for Section 401 Water Quality Certification for
submittal to the Regional Water Quality Control Board. The application
will include a brief description of the project; identify best management
practices that will be employed to minimize incidental construction - related
discharge to waters of the US, and other pertinent project information.
The team will communicate often with the Regional Board staff to help
ensure timely delivery of the waiver.
Task 2 Deliverables:
lifleetino agendas, meeting
minutes, workshop
presentation materials, and
draft and final versions of
technical memoranda.
Tasi; 3 Deliverables: 6 copies
of the administrative chaff
initial study; 10 copies of
the lSIMIM; 20 copies of
the final h4ND, draft and final
permit applications.
Task 4 Deliverables. Draft and
final versions of easement
plats and descriptions.
Page 4 of 7
Prepare a Streambed Alteration Agreement application on behalf of the
City for submittal to the DFG. If requested by DFG, a biologist will be
available to meet with a DFG representative at the project site to provide
project information and to discuss likely DFG requirements for the project.
TASK 4. Right of Way Assistance (Optional cask)
SUBTASK 4.1— Review of existing ROW documentation. Review
existing documents including recorded easements and maps.
SUBTASK 4.2— Easement Descriptions and Plats. Obtain one
preliminary title report for one parcel and prepare easement plats
and descriptions for one temporary construction easement and one
permanent easement.
TASK 5. DESIGN SERVICES (Optional Task)
The design will be completed an in compliance with the City's design
requirements included in Exhibit E of the RFR Design submittals will be
provided at the 50, 95, and 100 percent completion level.
SUBTASK 5.1— Geotechnical Investigation and Report. The
investigation will include the review of existing geotechnical information
obtained from the City; three test borings up to 30 feet in depth;
and laboratory testing. The written report will include site plan,
logs of test borings and laboratory test results, discussion of soil and
groundwater conditions relating to trench stability and dewatering, and
recommendations for earthwork and shoring.
SUBTASK 5.2— Surveying and Mapping. Provide surveying and
mapping for approximately 2,300 feet of pipeline alignment.
SUBTASK 5.3— Utilities Coordination. Utility coordination letters will
be mailed to all known utility companies within the project area to identify
utility locations and receive utility design comments. Preliminary drawings
will also be mailed to the utility companies following the 95 percent design
submittal. The scope of work does not include potholing.
SUBTASK 5.4— Design Drawings. Drawings will be prepared in
AutoCAD at a scale of 1 "= 20' so that existing improvements can be easily
plotted and recognized.
SUBTASK 5.5— Specifications. WYA will prepare technical
specifications in CSI format. City will provide front end specifications.
Specifications will be prepared in Microsoft Word format.
SUBTASK 5.6 —Cost Estimate. Engineer will develop a construction cost
estimate at the 50, 95 percent and 100 percent design completion levels.
ci y of Rohnert Parr, I College gunk Sevrer Improvements Project
EXHIBIT "A"
Page 5 of 7
SUBTASK 5.7 —Public Information Meetings. Conduct two public
meetings with project stakeholders, one meeting during design and one
meeting prior to construction.
TASK 6. bid Period Services (Optional mask)
The purpose of this task is to assist the City during the bidding phase of the
Project. The City will advertise and distribute bid documents.
SUBTASK 6.7— Addenda. Engineer will prepare addenda during the bid
period to be distributed by the City.
SUBTASK 6.2— Bidder Inquiries, Prebid Meeting, and Bid Evaluation.
WYA will respond to bidder inquiries and conduct one prebid meeting
including preparation of the meeting minutes for distribution. WYA will
assist the City in bid evaluation.
TASK 7, Construction Period Services (Optional Tashi)
The construction management services listed below include all of the
services requested in the RFP. The work items have been re- grouped into
the following subtasks.
SUBTASK 71— Meetings. Conduct one pre - construction meeting and
approximately four weekly construction meetings. Prepare agenda and
minutes for each meeting. Maintain a running list of action items and
decision log.
SUBTASK 7.2— Maintain Records and Prepare Monthly Reports.
Maintain all project records including daily logs, inspection reports,
photos, schedules, correspondence, and financial records. Prepare monthly
reports summarizing construction progress, financial information, and
status of PCOs and COs.
SUBTASK 7.3— Progress Payments. Review and evaluated the monthly
progress payment requests and provide recommendations to the City.
SUBTASK 7.4— Submittals, RFIs, and RFCs. Coordinate, manage, and
complete the review and processing of all submittals, RFIs, and RFCs. Keep
logs, track progress review responses, coordinate with the City, and provide
responses to the Contractor. For estimating purposes, it is assumed that
there will be 15 original submittals, 5 resubmittals, 3 RFIs, and 3 RFCs.
SUBTASK 7.5— Change Orders. Coordinate, manage, and review PCOs
and COs. It is assumed that there will be just 1 PCO and 1 CO.
SUBTASK 7.6— Construction Inspection. Provide daily inspection to
monitor the work for compliance to the contract documents. Inspection
will include compaction testing, photographs, video documentation, and
preparation of daily inspection reports. It is assumed that active inspection
will require approximately 4 weeks of effort.
Task 6 Deliverables: Draft and
final versions of geotechnical
report, design submittals
(plans, specifications
and cost estimate) at the
50, 905, and 100 percent
completion levels.
Task 6 Deliverables: Addenda,
phone conversation records,
pre-bid meeting minutes, and
bid tabulation sheet.
Task 7 Deliverables.
Meeting agendas, meeting
minutes, monthly reports,
review comments,
inspection records, and all
project documents.
Task 8 Deliverables: Meeting
agendas, meeting minutes,
project schedule updates.
E MBIT "A"
Page 6 of 7
SUBTASK U— Claims Management. Work to resolve all claims and
provide recommendations to the City. It is assumed that there will be
just 1 claim.
SUBTASK 7.8— Project Closeout. Coordinate and perform project
closeout activities including substantial completion and final completion
punch lists. Provide a complete set of project documents to the City, filed
and indexed. Include warranty information and duration of all equipment.
SUBTASK 7.9— Record Drawings. Prepared Record Drawings based on
markups prepared by the Contractor and reviewed by the Inspector.
TASK 8. Project Management
This task will include project management activities, including day -to -day
administration, progress meetings and technical reviews.
SUBTASK 8.1— Project Administration. Monitor progress of individual
tasks and coordinate completion of work products. Monitor task budgets
and project schedule. Schedule changes, if required, will be provided.
SUBTASK 8.2— Progress Meetings. Attend up to three meetings with
City staff to discuss and review progress and significant action items.
Engineer will prepare and submit meeting agendas and minutes.
SUBTASK 8.3— Technical Reviews. Technical reviews will be conducted
by the Principal -in- Charge, Project Manager, or a senior staff member not
directly involved in the project.
Cic4 0 Rohneri Pcrk i College if unk Sev,,er improveme; ',ts Proiec,
C7;
c•
EXHIBIT "A"
Page 7 of 7
PROJECT SCHEDULE
Ciiy of Rohnert Park I College Trunk Sever Imaro;remenis Projec?
ID
J Task Name Duration 1
i Jun Jul i Aug Se P ! Oct I Nov I Dec
f 2010
Jan Feb Mar Apr Ma ! Jun Jul
1
TASK 1. EMERGENCY REPAIRS 45 days 1 ® ■
1.1. Review Data and Site Insection 10 days -
2
3 {
1.2. Coordination with Permitting Agencies 10 days
j 1.3. Develop Emergency Repair Recommendations 15 days
4
5 —J
Complete Emegnency Repairs and Stabilization (by others) 20 days j
—J
TASK 2. DEVELOPIEVALUATE PERMANENT ALTERNATIVES (OPTIONAL TASK) 30 days
i
2.1. Workshop to identify Alternatives 0 days f 411111�8/7
7
8
2.2. Evaluate Alternatives 10 days i
9
2.3. Technical Memorandum 20 days 3
19
Prepare Draft TM 5 days
1- 1 -�
City Review 10 days
Workshop 0 days i 9111
-- - -
Prepare Final TM 5 days - - - - - -- _ _
12
13
14
TASK 3. ENVIRONMENTAL AND PERMITTING ASSISTANCE 60 days
3.1. Initial Study/Mitigated Negative Declaration 60 days I
3.2. Environmental Permitting 60 days 1
_...- - - - - -- - - -- ------- ---... .
' TASK 4. RIGHT OF WAY ASSISTANCE (OPTIONAL TASK) 60 days
15
16
17
18
4.1. Review of existing ROW Documents 15 days
4.2 Prepare Easement Plats and Descriptions 15 days
19
20
TASK 5. DESIGN SERVICES (OPTIONAL TASK) 100 days
5.1. Geotechnical Investiagation and Report 30 days -
5.2. Surveying and Mapping 15 days i -- - --
_
21
22 I
23
5.3. Utilities Coordination 80 days i
5.4. Design Drawings 80 days
5.5. Specifications 80 days
24 j
25
26
5.6. Cost Estimate 57 days
Prepare 50% Design 30 days I
30
31
32
City Review 10 days
Prepare 95% Design 20 days
33
34
City Review 10 days
Prepare 1000/. Design 15 days j
{
35
TASK 6. BID PERIOD SERVICES (OPTIONAL TASK) 20 days
36
6.1. Addenda 15 day-,
6.2. Inquiries Prebid Meeting, Evaluation 20 days
1
37 J
38
TASK 7. CONSTRUCTION PERIOD SERVICES (OPTIONAL TASK) 65 days {
Notice to Proceed 0 days 1
Submittals & Mobilization 20 days
126
__ _-
39 I
40
i
41
__
Construction 30 days j
42
Close out and Punchlist 10 days
43
Record Drawings 5 days
TASK 8. PROJECT MANAGEMENT 180 days
45
46
8.1. Project Administration 180 days
8.2 Progress Meetings 85 days
8.3. Technical Reviews 101 days
50 J
Ciiy of Rohnert Park I College Trunk Sever Imaro;remenis Projec?
EXHIBIT B
COMPENSATION RATES AND CHARGES
west vost design prof agreeznexnt_ i)9 -02
1044252v1 80078/0012
EXHIBIT "B"
Page 1 of 3
VIE ST Yp5T 2009 Billing late Schedule
h&,A,40 (Effective January 10, 2009 through December 31, 2009)*
ASSOCIATES
Principal/Vice President 206
Engineering Manager 196
Princ�pa1 i= ngineer %Scientist 1179
Senior Engineer /Scientist/GIS Analyst 161
Associate Engineer /Scientist 144 -
GIS Analyst 144
' Engineer ll /Scientist 11 127
Engineer I /Scientist 1 110
Construction Manager ill 166
Construction Manager 11 144
Ci�ns#rllction �lianageri =133
Resident Inspector III 121
#3es�dentlnspectortl 112
Resident Inspector 1 98
Sr. designer /Sr CAD opera #or 104
Designer /CAD Operator 92
Technical Specialist 11 90
Technical Specialist 1 78
Engineering Aide 65
Administrative IV 92
-Administrative ]IF 81
Administrative II fig
Administrative I 58
• Outside Services such as vendor reproductions, prints, shipping, and major WYA reproduction efforts,
as well as Engineering Supplies, Travel, etc. will be billed at actual cost plus 15 %.
• Direct Costs includinggeneral computers, system charges, telephone, fax, routine in -house copies/
prints, postage, miscellaneous supplies, and other incidental project expenses will be billed at 5% of
WYA labor charges.
• Mileage will be billed at the current Federal Rate.
• Subconsultants will be billed at actual cost plus 10 %.
• Computers are billed at $25 per hour for specialty models and AutoCAD.
• A Finance Charge of 1.5 percent per month (an Annual Rate of 18 percent) on the unpaid balance
will be added to invoice amounts if not paid within 45 days from the date of the invoice.
• Billing rates apply to all computers and equipment, whether owned or rented by WYA, and to all
employment categories including regular full -time, part -time, limited term and contract personnel as
defined in 14TM Employee Handbook.
EXHIBIT "B"
Page 2 of 3
W E S T Y O S T 2009 Billing Rate Schedule (cont'd)
h&'doz (Effective January 10, 2009 through December 31, 2009)*
ASSOCIATES
Surveying and Equipment Charges
Equipment Charges
EFA
POSITION,
GPS, 3 Person
317 '
GPS, 2- Person
271
GPS,1 Person _
2i3
Survey Crew, 2- Person
230
Survey Crew,1 Person
= 73
Equipment Charges
DO Me #er _
16
77
pH Meter
5
24
Automatic,Sampler
` 2.0.
65.8
Transducer /Data Logger
38
190
Hydrant Pressure Gage
11 "
47
Hydrant Pressure Recorder (HPR)
—
190
Hyd Wrench :
rant
;.. 5
30
Pitot Diffuser
27
124
Well Sounder _ .:..
27
124
Ultrasonic Flow Meter
—
249
Vehicle.::
82
412
Velocity Meter
11
60
Water Quarry Mul ime-ter
163
891
Thickness Gage
—
66
1'
• d • Ou r base fee proposal is b ased on P ro�i
n
g
emergency
repairs to stabilize and protect t the existing
1 • •
notifications and
with assisting tli'1 the C
1 � n0
along vin s s
g g �Y
CEQA documentation and permitting for the
emergency repairs.
Optional tasks are included in the event that the
emergency repairs are not adequate and the agencies or
the City determine that the pipeline crossing must be
moved. Our optional tasks are based on relocating the
existing pipeline approximately 2,300 feet and moving
the creek crossing to the golf course. As discussed in the
pro p osal compared to a siphon crossin g , the relocated
sewer vn
ll b
a less expensive ve con id rin g the long-term
•
cleaning and maintenance costs ofasiphon facn
l
Hourly Fee Schedulte
Our hourly fee schedule is attached.
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_
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TOTAL - -NOT INCLUDING OPTIONAL TASKS
EXHIBIT C
INSURANCE REQUIREMENTS for Design Professional Services
West Yost Design Prof Agreement-09-02
1044252v1 80078/0012
EXHIBIT C
INSURANCE REQUIREMENTS for Design Professional Services
Prior to the beginning of and throughout the duration of the Work, Design Professional will maintain
insurance in conformance with the requirements set forth below. Design Professional will use existing
coverage to comply with these requirements. If that existing coverage does not meet the requirements set
forth here, Design Professional agrees to amend, supplement or endorse the existing coverage to do so.
Design Professional acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess
of the limits and coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Design Professional shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability"
policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits.
There shall be no cross liability exclusion for claims or suits by one insured against another.
Limits are subject to review but in no event less than $2,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1
(Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that
$2,000,000 per accident. If Design Professional owns no vehicles, this requirement may be
satisfied by a non -owned auto endorsement to the general liability policy described above. If
Design Professional or Design Professional's employees will use personal autos in any way on
this project, Design Professional shall provide evidence of personal auto liability coverage for
each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Any such coverage
provided under an umbrella liability policy shall include a drop down provision providing
primary coverage above a maximum $25,000 self - insured retention for liability not covered by
primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis,
with defense costs payable in addition to policy limits. Policy shall contain a provision
obligating insurer at the time insured's liability is determined, not requiring actual payment by
the insured first. There shall be no cross liability exclusion precluding coverage for claims or
suits by one insured against another. Coverage shall be applicable to City for injury to
employees of Design Professional, sub - Design Professional, or others involved in the Work. The
scope of coverage provided is subject to approval of City following receipt of proof of insurance
as required herein. Limits are subject to review but in no event less than $2,000,000 per
occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a
policy form coverage specifically designed to protect against acts, errors or omissions of the
Design Professional and "Covered Professional Services" as designated in the policy must
West Yost Design Prof Agreement-09-02 - Exhibit C
Page 1 of 5
specifically include work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and
must include a provision establishing the insurer's duty to defend. The policy retroactive date
shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Design Professional.
Design Professional and City agree to the following with respect to insurance provided by
Design Professional
1. Design Professional agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officers, elected
officials, employees, agents, and volunteers, using standard ISO endorsement No. CG
2010 with an edition prior to 1992. Design Professional also agrees to require all
contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Design Professional, or Design Professional's employees, or agents, from waiving the
right of subrogation prior to a loss. Design Professional agrees to waive subrogation
rights against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The
insurance company, in its endorsement, agrees to waive all rights of subrogation
against the City, its officers, elected officials, employees, agents, and volunteers for
losses paid under the terms of this policy which arise from the work performed by the
named insured for the City.
4. All insurance coverage and limits provided by Contractor and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
5. None of the coverages required herein will be in compliance with these requirements if
they include any limiting endorsement of any kind that has not been first submitted to
City and approved of in writing.
6. No liability policy shall contain any provision or definition that would serve to
eliminate so -called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
7. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Design Professional shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability or
West Yost Design Prof Agreement_09 -02 Exhibit C
Page 2 of 5
reduction of discovery period) that may' affect City's protection without City's prior
written consent.
8. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured
endorsement to Design Professional's general liability policy, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled at any time and
no replacement coverage is provided, City has the right, but not the duty, to obtain
any insurance it deems necessary to protect its interests under this or any other
agreement and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Design Professional or deducted from sums due Design
Professional, at City option.
9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Design Professional agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Design Professional or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance
or self insurance available to City.
11. Design Professional agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Design Professional,
provide the same minimum insurance coverage required of Design Professional.
Design Professional agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Design Professional agrees that upon request, all
agreements with subcontractors and others engaged in the project will be submitted to
City for review.
12. Design Professional agrees not to self- insure or to use any self - insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this agreement to self - insure its obligations to City. If Design Professional's existing
coverage includes a deductible or self - insured retention, the deductible or self - insured
retention must be declared to the City. At that time the City shall review options with .
the Design Professional, which may include reduction or elimination of the deductible
or self- insured retention, substitution of other coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Design Professional ninety (90)
West Yost Design Prof Agreement-09-02 Exhibit C
Page 3 of 5
days advance written notice of such change. If such change results in substantial
additional cost to the Design Professional, the City will negotiate additional
compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
15. Design Professional acknowledges and agrees that any actual or alleged failure on the
part of City to inform Design Professional of non - compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive
any rights hereunder in this or any other regard.
16. Design Professional will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
17. Design Professional shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from Design
Professional's insurance agent to this effect is acceptable. A certificate of insurance
and /or additional insured endorsement as required in these specifications applicable
to the renewing or new coverage must be provided to City within five days of the
expiration of the coverages.
18. The provisions of any workers' compensation or similar act will not limit the
obligations of Design Professional under this agreement. Design Professional
expressly agrees not to use any statutory immunity defenses under such laws with
respect to City, its officers, elected officials, employees, agents, and volunteers.
19. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of
any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and
is not intended by any party or insured to be limiting or all- inclusive.
20. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as
such.
21. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Section.
West Yost Design Prof Agreement-09-02 Exhibit C
Page 4 of 5
22. Design Professional agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or Design
Professional for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City
to reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
23. Design Professional agrees to provide immediate notice to City of any claim or loss
against Design Professional arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve
City.
West Yost Design Prof Agreement-09-02 Exhibit C
Page 5 of 5
EXHIBIT D
OTHER CONSULTANTS, SPECIALISTS OR EXPERTS
EMPLOYED BY DESIGN PROFESSIONAL
West Yost Design Prof Agreement-09-02
1044252v1 80078/0012
EXHIBIT "D"
Page 1 of 2
To supplement the assembled team of highly qualified and experienced
WYA professionals whose qualifications and responsibilities are tailored to
the project objectives, we have teamed with the following subconsultants
for this project. Full resumes are provided in the Appendix.
Carlenzoli and Associates
C A R L I E N Z O L T
Carlenzoli and Associates is a full service Civil Engineering, Land
JA3 A r D
Planning, Land Surveying and Construction Staking firm. They have
A S S O C I A T E S
assembled a highly qualified team of professionals with combined Civil
Civi1 Elh9:r+ecrs - lt+.nd S—Vors - .7an7+er1
Carlenzoli and Associates have
Engineering and Land Surveying experience. Carlenzoli and Associates
participated in numerous projects
is a union firm that employs qualified Field Surveyors through Operating
throughout the San Francisco Bey
Engineers Local No. 3.
Area, focusing primarily in the
greaser north Pay region including
Contact: Greg Hurd, P.E.
Sonoma, hllarir-, Lake, hliendocino,
Telephone: (707) 542 -6465
Alapa and Solano Counties.
Greg Hurd, P.E. — Survey
Greg Hurd is a California Licensed Civil Engineer and LEED`° Accredited
Professional by the Green Building Certification Institute with over 23
years of experience in the commercial and residential Land Development
Industry throughout the San Francisco North Bay. He has been with
Carlenzoli and Associates since 1988 and is a Project Manager for a variety
of civil engineering and land surveying projects for both public and
private clients.
Ralph Thomas, U.S. — Survey
Ralph Thomas is a California Licensed Land Surveyor with over 33 years
of land surveying and business experience. He specializes in Boundary
Surveys, ALTA Surveys, Land Divisions, Topographic Mapping and
historic records and research. His primary function at Carlenzoli and
Associates has been to assist in the production of Boundary Surveys, ALTA
Surveys and Topographic Mapping.
�fLE` //VFELQER
Kleinfelder, Inc.
\\ ' Bright People. Right Solutions.
Kleinfelder provides technical leaders and in -depth knowledge of local
Kleinielder's peolechnical
conditions. Kleinfelder routinely and successfully performs on -site
engineering services combine
geotechnical investigations; geological evaluations and testing; engineering
technical expertise with quality
geologic reports, geotechnical reports, and supplemental ground -
assurance, skilled project
response reports; provides recommendations for foundation stability
managenlent, and responsive
for all structures and improvements; reviews plans and specs to ensure
personal service.
EXHIBIT "D"
Page 2 of 2
compliance with geotechnical recommendations; and inspects foundation
construction to ensure compliance with geotechnical reports.
Contact: William McCormick, P.E.
Telephone: (707) 543 -8225
gGhard Yahn, PE, G.E. — GeotechniGdl
Mr. Yahn has more than 30 years experience supervising soil and
foundation investigations for varying sizes of public works projects,
including pipelines, pumping stations, and wastewater treatment facilities.
He has extensive experience in performing field explorations and
laboratory tests as well as observation and testing during earthwork and
foundation construction, including pile installation. Mr. Yahn has also
performed quality control testing of concrete, asphalt concrete and other
related construction materials.
William k McCormick, RG, C. .G. ` Geotechntcal
Mr. McCormick has over 23 years of experience in managing and
performing geologic and engineering geologic investigations in Northern
California. He is a principal engineering geologist and the manager of the
geotechnical division of Kleinfelder Santa Rosa.
Terry i y G8 a en, PE., G.E. — GeotechniGal
Mr. Craven has 30 years of experience in geotechnical engineering, seismic
analysis, remediation design, permitting and project management. His
strong background encompasses professional geotechnical engineering
experience for all types of projects, including levees, ponds, treatment
facilities, pipelines, landslides, high -rise office buildings, commercial and
industrial sites. Mr. Craven has provided geotechnical engineering studies
TM
for new pavements, bridge, retaining wall design, park sites and various
civic projects.
P FA
PfI1C is a full e €€ dronn;ental planning
ditrision focused on the creation
PMC is a municipal consulting firm with offices throughout California and
and management of California
a full environmental planning division which includes public outreach.
Environmental Quality Act (CEQA) and
National Ent�ironrnental Policy Act
Contact: Anna Choudhuri
(REPA) documents across the State.
Telephone: (530) 750 -7076
Ananya Choudhuri — GEQA/NEPA
Ms. Choudhuri, a Senior Planner and Project Manager for PMC, provides
a variety of current and advanced planning services, including the
preparation environmental impact reports, environmental assessments and
project management for various projects including master plans, mixed use
developments, waste water treatment plants, and infrastructure projects.
She has experience coordinating with federal agencies such as USFWS, US
ACOE, FTA, US EPA and the FHWA.
City, of Rohrurt PErk I Coifege hunt; Sewer improvements Project
EXHIBIT E
DESIGN REQUIREMENTS
West Yost Design Prof Agreement-09-02
1044252v1 80078/0012
Exhibit E
Design Consultant Requirements
The Consultant agrees to the following standards and practices in performance of engineering
design duties.
1. The consultant shall assign one project manager who is responsible for the overall
completion of the project and fulfillment of these requirements.
2. Reimbursable expenses shall be considered to be included in the not to exceed price.
Consultant project managers are expected to stay within the not -to- exceed price. It is the
responsibility of the consultant to document any work outside the agreed upon scope of
work including the cost of such work. Work outside the scope of work completed without
prior authorization by the City is done at risk by the consultant.
3. All plan check design drawings shall be submitted full size (34" x 22" or equivalent) for
review, unless otherwise requested by the City.
4. A minimum of two copies of the plans and specifications will be submitted for each plan
check.
5. The specification will use the latest version of the City of Rohnert Park boilerplate
Contract Document and Specifications for the project. The consultant will receive the
most current version of the specification from the Engineering Administrative Assistant
for each design project via email. This shall be modified by the City for insurance
requirements, contract time, liquidated damages and environmental mitigation measures.
6. The Division 1 technical specifications shall include a project description. The project
description will generally describe the location, and the extents of the project and what
work is included in the project. This description shall be suitable for insertion into legal
documents and council summary packages. It shall provide a quick overview of the
project that a lay person can understand.
7. Technical specifications shall include a description of bid items. If the technical
specifications are in CSI format, a list of bid descriptions shall be included in the
Division 1 sections. The bid descriptions shall match the bid line items.
8. Division 1 shall include a complete consolidated list of submittals for the project.
9. Electronic documents sent to the City for review shall be in Word format..
10. Plans and specifications shall, as much as possible and within good engineering practice,
refer to the City of Rohnert Park Manual of Standards, Details and Specifications which
can be downloaded from the City's website at www.KVcjIy.org. When Standard Details
are incorporated they shall be by reference rather than shown on the plans.
11. The consultant shall note the need for any permitting through the State or other entities
including Caltrans, Corps of Engineers, RWQCB, BAAQMD, SCWA, and the County of
Sonoma. Consultant is responsible for initiating contact with the permitting agency,
meeting with the permitting agency as needed and completing all permit applications as
completely as possible prior to sending to the City for signature.
12. The consultant shall note the. need for any easements or rights of way required for the
project including private landowners, Caltrans, SCWA, and the County of Sonoma.
Consultant is responsible for initiating contact with the other entity and completing all
easement or right of way forms, including property descriptions as needed, as possible
prior to sending to the City for review.
West Yost Design Prof Agreement-09-02 Exhibit E
Page 1 of 3
13. The consultant shall develop a project checklist which includes all project paperwork
requirements resulting from permitting, easements and funding agreements.
14. At least 45 days prior to bid opening, the consultant shall provide a draft staff report for
presentation to City Council requesting to authorize advertisement for bids.
15. The consultant shall arrange for and conduct the pre -bid meeting, if such a meeting is
deemed necessary.
16. The consultant shall provide all addenda for the bid package as needed, using the City's
addendum form available on the City's website.
17. After issuance of final addenda and prior to issuance of the Notice to Proceed, the
consultant will produce ten (10) conformed sets of plans and drawings that incorporate all
the addenda. This shall be done by making the changes on the full size drawings adding
the addenda to the front of the specifications books. Consultant shall note the changes on
the drawings and in the appropriate place in the Specifications by using the Delta symbol
(0). All addenda shall also be bound into the front of the specifications book, behind the
front cover and before the cover page, with most recently issued addendum on top.
Addenda pages shall be printed on different color paper than the specifications.
18. Before bid date, consultant shall provide all electronic files to the City. The project plans
shall be in pdf format in one file folder with a separate document for each page.
Specifications shall be in Word format; the Engineer's Estimate shall be in Excel format.
19. After bidding the consultant will check the bids for conformance with the contract and
bid requirements and determine the responsiveness of each bidder. This includes
checking any applicable licenses and qualifications. This shall include checking as
required, references to determine required experience. The consultant shall analyze the
bids to determine the lowest responsive bidder and comment on any large discrepancies
between the engineer's estimate and the low bid. The consultant shall create the bid table
in Excel format, recommend selection of the lowest responsive bid, and justify the
rejection of any bids as needed. The consultant shall create a staff report for submission
to the City Council providing recommendations for award and or rejection of bids.
20. The consultant shall review submittals pertaining to the project and provide comments,
rejection, or stamp "No Exceptions Taken" as appropriate.
21. The consultant shall review submittals and RFIs pertaining to the project and provide
responses and guidance as required.
22. After construction is complete, the consultant will create Record Drawings (as -built
drawings) based on the contractors marked up set of plans, in electronic format and scan
the as -built drawings into pdf format and deliver one copy on bond paper and electronic
as -built drawings to the City.
The requirements for as -built plans are as follows:
a. The As- Builts shall include the contractor's name, address, phone number and
approximate date of project completion.
b. Archived Plans shall be of the originally approved plans (Conformed Plans),
including signatures of approval, with all contract change order(s), field directives
and as -built information added over the originally approved information.
c. Archived Plans shall be provided in an electronic format such as Adobe PDF or Tiff
file formats, a minimum of 200 Dot per Inch resolution, optimized to a file size not to
West Yost Design Prof Agreement-09-02 Exhibit E
Page 2 of 3
over burden the typical computer workstation or take more than 5 seconds to open on
said workstation.
d. The entire set of plans may be in one file or one file for each sheet but not both, in
order to comply with letter "c" above.
e. The Archived Plans shall not be made directly from the electronic drawing files,
because this introduces a chance for error or something changed, deleted or otherwise
different from the originally approved plans. As a secondary option, the Archived
Plans made be provided in duplicate; one set of the originally approved plans
(conformed plans) and a second set of the electronic drawings revised to include
contract change order, field directives and as -built information added (no deletions) to
the plans, then provided in one of the file formats described in letter "c" above.
West Yost Design Prof Agreement-09-02 Exhibit E
Page 3 of 3