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2011/08/23 City Council Resolution 2011-80RESOLUTION NO. 2011-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A DESIGN PROFESSIONAL SERVICES AGREEMENT FOR THE SEWER INTERCEPTOR OUTFALL PHASE 2 PROJECT NO. 2011-04 WITH PSOMAS WHEREAS, on May 26, 2011, staff issued a Request For Proposals ( "RFP ") for the Sewer Interceptor Outfall Phase 2 Project No. 2011 -04 ( "Project ") to identify a qualified consultant that can assist the City with the surveying, investigation and engineering recommendations for maintaining the Rohnert Park Sewer Interceptor Outfall Pipe. WHEREAS, the City received three proposals on June 23, 2011; WHEREAS, the City project team chose Psomas for an award of contract due to their experience and expertise in this particular type of work as demonstrated in the selection process. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rohnert Park authorizes and approves a design professional services agreement by and between Psomas. a California corporation, and the City of Rohnert Park, a municipal corporation, for design and related services for the Sewer Interceptor Outfall Phase 2 Project No. 2011 -04, for a not -to- exceed cost of $146,100. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement in substantially similar form as shown in Exhibit A and any changes or amendments up to 10% cumulatively of the original contract amount on behalf of the City of Rohnert Park. BE IT FURTHER RESOLVED that if during Option 1, Psomas indicates that optional siphon testing is deemed necessary, the City Engineer has the option of awarding Option 2 of the proposal for $24,510 and the City Manager is authorized to execute the contract documents and any changes or amendments up to 10% cumulatively of the original contract amount plus Option 2 on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this date of August 23, 2011. ATTEST: '*- ' City C AHANOTU:AYE CITY OF ROHNERT PARK LIFORNtp 4,LLIKAN: ABSENT MACKENZIE: ABSENT STAFFORD: AYE BELFORTE: AYE AYES: (3) NOES: (0) ABSENT: (2) ABSTAIN: (0) City of Rohnert Park 130 Avram Ave. Rohnert Park, CA 94928 DESIGN PROFESSIONAL SERVICES AGREEMENT RE: SEWER INTERCEPTOR OUTFALL PHASE 2 THIS AGREEMENT is entered into as of the day of , 2011, by and between the CITY OF ROHNERT PARK ( "City "), a California municipal corporation, and PSOMAS ( "Design Professional "), a California corporation. Recital- WHEREAS, City desires to obtain surveying, investigation and engineering services in connection with the Sewer Interceptor Outfall Phase 2; and WHEREAS, Design Professional hereby represents to the City that Design Professional is skilled and able to provide such services described in Section l of this Agreement; and WHEREAS, City desires to retain Design Professional pursuant to this Agreement to provide the services described in Section I 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 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 upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. The services of Design Professional for Part l design services are to be completed not later than December 31, 2011. Design Professional shall perform its services for Part 1 in accordance with the schedule set out in the "Scope of Work and Schedule of Performance" attached hereto as Exhibit A. Any changes to the dates in this Section or Exhibit A must be approved in writing by the City. The services for Part 2 design services are to be completed not later than December 31, 2012. 3. Compensation and Method of Pam. 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 One Hundred Forty-Six Thousand One Hundred Dollars -1- Revised: 1/10/11 ($146,100). 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. (1) Design Professional shall submit itemized monthly invoices for work performed. City shall make payment, in full, within thirty (30) days after approval of the invoice by City. (2) Payments due and payable to Design Professional for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Design Professional services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. C. Changes in Compensation. Design Professional will not undertake any work that will incur costs in excess of the amount set forth in Section 3(A) without prior written amendment to this Agreement. D. Standard of Quality. City relies upon the professional ability of Design Professional as a material inducement to entering into this Agreement. All work performed by Design Professional under this Agreement shall be in accordance with all applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Design Professional's field of expertise. E. 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. F. 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, unless specifically required by the applicable task order and authorized by City in writing. 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. G. 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 -2- 11266510 80078/0012 Revised: 1 /]0 /11 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. A. The plans, specifications, estimates, programs, reports, models, and other material prepared by or on behalf of Design Professional under this Agreement including all drafts and working documents, and including electronic and paper forms (collectively the "Documents "), shall be and remain the property of the City, whether the Services are completed or not. Design Professional shall deliver all Documents to City, upon request at (1) the completion of the Services, (2) the date of termination of this Agreement for any reason, or (3) request by City in writing, or (4) payment of all monies due to Design Professional. B. The Documents may be used by City and its officers, elected officials, employees, agents, and volunteers, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable without further employment of or payment of any . compensation to Design Professional. If City desires to modify Documents before using them, City shall obtain written consent from Design Professional for any such modification, and such consent shall not unreasonably be withheld. If City modifies Documents without obtaining written consent from Design Professional, Design Professional shall not be liable to City for any damages resulting from use of such modified Documents, provided that the Design Professional was not a proximate cause of such damages. C. Design Professional retains the copyright in and to the intellectual property depicted in the Documents subject to Design Professional's limitations and City's rights and licenses set forth in this Agreement. City's ownership interest in the Documents includes the following single, exclusive license from Design Professional: Design Professional, for itself, its employees, heirs, successors and assigns, hereby grants (and if any subsequent grant is necessary, agrees to grant) to City an irrevocable, perpetual, royalty -free, fully paid, sole and exclusive license and right to use and exercise any and all of the copyrights or other intellectual property rights that Design Professional may author or create, alone or jointly with others, in or with respect to the Documents, including without limitation all analysis, reports, designs and graphic representations. City's license shall include the right to sublicense, shall be for all purposes with respect to each right of copyright, and shall be without restriction. -3- 11266510 80078/0012 Revised: 1/10/11 D. Design Professional shall include in all subcontracts and agreements with respect to the Services that Design Professional negotiates, language which is consistent with this Section 6. E. All reports, information, data, and exhibits prepared or assembled by Design Professional in connection with the performance of its Services pursuant to this Agreement are confidential until released by the City to the public, and the Design Professional shall not make any of these documents or information available to any individual or organization not employed by the Design Professional or the City without the written consent of the City before any such release. This provision shall not apply to information that (1) is already in the public domain, (2) was previously known by Design Professional, (3) Design Professional is required to provide by law, or (4) reasonably required by Design Professional to conduct its defense in a legal or similar proceeding, so long as Design Professional notifies City in writing before use of such information. 7. Employment of Other Design Professionals, Specialists or Experts. A. 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. B. Design Professional represents that it has, or will secure at its own expense, all personnel required in performing the Services. All of the Services required hereunder will be performed by the Design Professional or under Design Professional's supervision, and all personnel engaged in the work shall be qualified to perform such services. C. Design Professional shall make every reasonable effort to maintain stability and continuity of Design Professional's Key Personnel assigned to perform the Services. Key Personnel for this contract are listed in Exhibit D. D. Design Professional shall provide City with a minimum twenty (20) days prior written notice of any changes in Design Professional's Key Personnel, provided that Design Professional receives such notice, and shall not replace any Key Personnel with anyone to whom the City has a reasonable objection. E. Design Professional plans to retain the subconsultants listed in Exhibit D, who will provide services as indicated in Exhibit D. F. Design Professional will not utilize subconsultants other than those listed in Exhibit D without advance written notice to the City. Design Professional will not utilize a subconsultant to whom the City has a reasonable objection. Subconsultants providing professional services will provide professional liability insurance as required in Exhibit C unless the City waives this requirement, in writing. -4- 11266510 80078/0012 Revised: 1 /10 /11 8. Conflict of Interest. A. Design Professional understands that its professional responsibility is solely to City. Design Professional warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Design Professional shall not knowingly, and shall take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If Design Professional discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Design Professional shall promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict. B. Design Professional (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Design Professional's Services hereunder. Design Professional further covenants and represents that in the performance of its duties hereunder no person having any such, interest shall perform any services under this Agreement. C. 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 his /her 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 (FPPC Reg. 18700(a)(2)). 9. Interest of Members and Employees of City. No member of the City and no other officer, elected official, employee, agent or volunteer 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, elected official, employee, agent or volunteer 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. 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 City), indemnify, and hold harmless City and its officers, -5- 1126651x3 80078/0012 Revised: 1/10/11 elected officials, employees, agents, and volunteers (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 subconsultants), expense and liability of every kind, nature and description (including, without limitation, fines, penalties, incidental and consequential damages, reasonable court costs and reasonable 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 subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively "Liabilities "). Such negligence, recklessness, or willful misconduct includes without limitation the failure of Design Professional to disclose information known by Design Professional to be material to performing the Services. 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. Notwithstanding any provision of this Agreement to the contrary, the extent of Design Professional's obligation to defend, indemnify, and hold harmless shall be governed by the provisions of California Civil Code Section 2782.8. B. 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 subconsultant 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 as defined in Labor Code 3353 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 which accrue to City's employees, and Design Professional hereby expressly waives any claim it may have to any such rights. M 11266510 80078/0012 Revised: 1 /10 /11 14. Compliance with Laws. A. General. Design Professional shall (and shall cause its agents and subcontractors), at its sole cost and expense, comply with all applicable federal, state and local laws, codes, ordinances and regulations now in force or which may hereafter be in force during the term of this agreement. Any corrections to Design Professional's reports or other Documents (as defined in Section 6) that become necessary as a result of Design Professional's failure to comply with these requirements shall be made at the Design Professional's expense. B. Updates. Should Design Professional become aware that the requirements referenced in subparagraph A above change after the date of a report or other Document is prepared, Design Professional shall be responsible for notifying City of such change in requirements. Design Professional will bring the Documents into conformance with the newly issued requirements at the written direction of City. Design Professional's costs for providing services pursuant to this paragraph shall be submitted to City as Additional Services. C. Licenses and Permits. Design Professional represents that it has the skills, expertise, licenses and permits necessary to perform the Services. Design Professional shall perform all such Services in the manner and according to the standards observed by a competent practitioner of the same profession in which Design Professional is engaged. All products of whatsoever nature which Design Professional delivers to City pursuant to this Agreement shall conform to the standards of quality normally observed by a person practicing in Design Professional's profession. Permits and /or licenses shall be obtained and maintained by Design Professional without additional compensation throughout the term of this Agreement. D. Documents Stamped. Design Professional shall have documents created as part of the Services to be performed under this Agreement stamped by registered professionals for the disciplines covered by Design Professional's Documents as required by Section 6735 of the Business and Professionals Code or any other applicable law or regulation. Design Professional shall not be required to stamp any documents not prepared under its direct supervision. The City will not be charged an additional fee to have such documents stamped. . E. 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. F. Prevailing Wage. Design Professional and Design Professional's sub - consultants, 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 City Clerk's office. This provision to comply with prevailing wage laws takes precedence over the provisions of paragraph 3.E. -7- 11266510 80078/0012 Revised: 1 /10 /11 G. 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. H. City Not Responsible. City is not responsible or liable for Design Professional's failure to comply with any and all of the requirements set forth in this Agreement. 15. Nonexclusive Agreement. Design Professional understands that this is not an exclusive Agreement and that City shall have the right to negotiate with and enter into contracts with others providing the same or similar services as those provided by Design Professional as the City desires. 16. 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, as required by law, or as otherwise allowed by this Agreement. 17. Insurance. Design Professional shall provide insurance in accordance with the requirements of Exhibit C. 18. Assignment Prohibited. Design Professional shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of City and any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. 19. Termination. A. If Design Professional at any time refuses or neglects to prosecute its Services in a timely fashion or in accordance with the schedule, or is adjudicated a bankrupt, or commits any act of insolvency, or makes an assignment for the benefit of creditors without City's consent, or fails to make prompt payment to persons furnishing labor, equipment, materials or services, or fails in any respect to properly and diligently prosecute its Services, or otherwise fails to perform fully any and all of the agreements herein contained, Design Professional shall be in default. B. If Design Professional fails to cure the default within seven (7) days after written notice thereof, City may, at its sole option, take possession of any Documents or other materials (in paper and electronic form) prepared or used by Design Professional and (1) provide any such work, labor, materials or services as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to Design Professional under this Agreement; and /or (2) terminate Design Professional's right to proceed with this Agreement. C. In the event City elects to terminate, City shall have the right to immediate possession of all Documents and work in progress prepared by Design Professional, whether located at Design Professional's place of business, or at the offices of a subconsultant, and may employ any other person or persons to finish the Services and provide the materials therefor. In 11266510 80078/0012 Revised: 1/10/11 case of such default termination, Design Professional shall not be entitled to receive any further payment under this Agreement until the Services are completely finished. D. In addition to the foregoing right to terminate for default, City reserves the absolute right to terminate this Agreement without cause, upon 72- hours' written notice to Design Professional. In the event of termination without cause, Design Professional shall be entitled to payment in an amount not to exceed the Not -To- Exceed Amount which shall be calculated as follows: (1) Payment for Services then satisfactorily completed and accepted by City, plus (2) Payment for Additional Services satisfactorily completed and accepted by City, plus (3) Reimbursable Expenses actually incurred by Design Professional, as approved by City. The amount of any payment made to Design Professional prior to the date of termination of this Agreement shall be deducted from the amounts described in (1), (2) and (3) above. Design Professional shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination and payment. In addition, the City's right to withhold funds under Section 19.C. shall be applicable in the event of a termination for convenience. E. If this Agreement is terminated by City for default and it is later determined that the default termination was wrongful, such termination automatically shall be converted to and treated as a Termination for Convenience under this Section 19 and Design Professional shall be entitled to receive only the amounts payable under Section 19.D.. 20. 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. 21. Entire Agreement and Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Design Professional and supersedes any previous agreements, whether verbal or written, concerning the same subject matter. This Agreement may only be amended or extended from time to time by written agreement of the parties hereto. 22. 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. 23. 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. 24. Time of the Essence. Time is of the essence of this Agreement. -9- 1126651x3 80078/0012 Revised: 1/10/11 25. 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 party at the address set forth hereinbelow. Either party may change its address by notifying the other party 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: Psomas Attn: Suzan England 165 Lennon Lake Walnut Creek, CA 94598 26. 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 party authorized by Design Professional, Design Professional's representatives, or Design Professional's successor -in- interest. E. Pursuant to California Government Code Section 10527, the parties to this Agreement shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the Agreement. -10- 1126651v3 80078/0012 Revised: 1/10/11 The examination and audit shall be confined to those matters connected with the performance of this Agreement including, but not limited to, the cost of administering the Agreement. 27. 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. 28. Unauthorized Aliens. Design Professional hereby promises and. agrees to comply with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Design Professional so employ such unauthorized aliens for performance of work and /or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Design Professional hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. 29. Section Headings. The headings of the several sections, and any table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof. 30. City Not Obligated to Third Parties. City shall not be obligated or liable for payment hereunder to any party other than the Design Professional. 31. Remedies Not Exclusive. No remedy herein conferred upon or reserved to City is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise. 32. 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. 33. No Waiver Of Default. No delay or omission of City to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default of an acquiescence therein; and every power and remedy given by this Agreement to City shall be exercised from time to time and as often as may be deemed expedient in the sole discretion of City. -11- 11266510 80078/0012 Revised: 1/10/11 . 34. Successors And Assigns. All representations, covenants and warranties set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns. 35. 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 C. Exhibit C: Insurance Requirements to Design Professional Services Agreement D. Exhibit D: Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional 36. 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. 37. News Releases /Interviews. All Design Professional and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by the City. 38. Venue. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 39. Authority. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and /or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Design Professional hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which Design Professional is obligated, which breach would have a material effect hereon. -12- 11266510 80078/0012 Revised: 1 /10 /11 IN WITNESS WHEREOF, the City and Design Professional have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK IC City Manager Date: Per Resolution No. 2011- adopted by the Rohnert Park City Council at its meeting of August 23, 2011. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk -13- PSOMAS By: _ Title: Date: PSOMAS By: Title: Date: 1126651v3 80078/0012 Revised: 1 /10 /11 EXHIBIT A Scope of Work and Schedule of Performance -14- 11266510 80078/0012 Revised: 1/10/11 Exhibit "A" S 0 M A S Page 1 of 9 July 28, 2011 Mr. Patrick Barnes RECEIVED Deputy City Engineer JUL 2 9 2011 City of Rohnert Park Development Services 130 Avram Ave. CITY OF ROHNERT PARK Rohnert Park, CA 94928 ENG!C !EERING RE: Revised Proposal for the Rohnert Park. Interceptor Outfall Pipeline Dear Patrick: We pleased to provide our revised proposal for the Rohnert Park Interceptor Outfall Project. We understand the 24 -inch pipeline is a valuable and necessary asset for the City. We are excited about the opportunity to assist with evaluating and providing recommendations to enhance the reliability of the pipeline. This revised proposal addresses the important questions of 1) where is the pipeline located in relationship to its surrounding environment, 2) what condition is the pipeline in, and 3) what steps need to be taken by the City to enhance its reliability. As we noted in our previous proposal, one of Psomas' core businesses is surveying. We have retained the originals scope and approach for surveying the pipeline to provide the City with two valuable products: 1) monumentation located every 500 feet (with permanent monuments every mile) along the pipeline route and 2) precise mapping coordinates to reproduce detailed alignment maps and drawings. To evaluate the condition of the pipeline, our approach relies on physical inspections and standard scientific test methods. We have retained the scope of work that includes a closed circuit video inspection (CCTV) of the pipeline to provide visual evidence of any abnormalities within the pipeline, and to identify where efforts need to be focused on for spot repairs and /or to identify locations where further analysis would be most beneficial. Part 2 of our proposal retains the services of our subconsultant, Exponent, known forensic experts in measuring and evaluating cementitous based pipeline materials, specifically asbestos- cement pipe, to determine remaining pipe wall strength (and remaining useful life of the pipe). Exponent's work will be undertaken in conjunction with any needed spot repairs (performed by the City) as identified by the CCTV inspection. The final product to you will be a detailed report summarizing our findings and recommending improvements to the pipeline to continue its useful life. This Psomas team looks forward to working with you and the City's staff in answers these key questions about the 24" AC outfall pipeline. Exhibit "A" Page 2 of 9 We have attached our revised scope of work, fee estimate, and schedule. If you have any questions, or need any additional information, please don't hesitate to call (925) 937 -3440 (Extension 2137). Sincerely, PSOMAS d6rn �PylaA- Suzan England, PE Project Manager Exhibit "A" Page 3 of 9 The City of Rohnert Park (City) is seeking professional services for the 24 -inch Rohnert Park Sewer Interceptor Outfall Pipe that includes surveying and providing drawings documenting the location of the pipeline, installing survey markers, performing a pipe condition assessment, and providing engineering recommendations for maintaining the interceptor outfall pipeline in service over the long term. We are pleased to present this revised scope of work in two parts. Part 1 1,1 Surveying and Pipe Markers Below we have provided our work plan /survey approach to effectively manage and deliver Rohnert Park Interceptor OLrtfall's survey support services. Task Coordination: Psomas survey task manager will meet with the City's project manager to: 1. Develop the scope of services and specifications for the project 2. Review available data 3. Determine special project needs, contacts, sensitivities and requirements 4. Discuss access protocols 5. Discuss preferred frequency of progress updates desired Next, the survey task manager will perform a site assessment with the Interceptor project manager to: I. See potential access issues and site conditions 2. See details that may need to be included 3. Clarify limits of the area to be included 4. Help him /her to develop the best approach to accomplish the work in an efficient and economical manner Upon receipt of authorization to proceed, Psomas will have an internal kickoff meeting to: 1. Detail purpose of the project and the final scope of the project with the team 2. Assign each team member their task responsibilities, budgets, and deadlines 3. Establish the milestones for project deliverables 4. Establish the points where QC processes will take place S. Outline the final deliverables and formats ........... ..... . . . ... .. . . ...... . . ........................ . . .. . . . ... . .. . . . . ... . . . .. . . . . . .......... . . .. . .... . . . . . . . . .. . . .. . . . .... . . . .... .. .. . .. . .. .. .. . . . .. .. . .. .. .. . .. .. . .. .. .. . . . .. . . . .. .. .. . .. . .. .. .. . . . .. . ... . ... ....... . . . . .... . .. . ... . ...... . .... .. . .. .. ... . . .. .. . . .. . . . .. ... . .. .. .. . . .... .. .. . Exhibit "A" Page 4 of 9 Safety Psomas' behavior -based safety program documents our performance in this area and is posted on 1SNetworld's site. This makes us a surveyor of choice for projects with significant safety requirements. At a minimum, our field surveyors hold weekly tailgate safety meetings utilizing Psomas tailgate forms that address safety topics appropriate for their current project tasks..A site specific safety plan will be developed and implemented for this project. Psomas follows Caltrans safety procedures while working within any traffic corridors. Field Approach Our survey crews are equipped with Trimble robotic total stations, digital Leica precision levels, invar rods, Trimble R8 GPS bundled systems (utilizes the Real Time GPS Network Psomas subscribes to), laptops with air cards and software, printers, smart phones, and the other standard survey equipment needed to perform the surveys specific to this project. During the site assessment phase, the survey task manager will consider what technologies and approaches would best serve that task order—He will then determine the crew size required to perform the tasks. Psomas will perform a GPS field control survey to tie the east and west plant facilities and the interceptor line into a common control network based on the survey datum presented on the interceptor as -built plans approved in 1975. This control network can then be updated to current NAD83 datum for future reference. Once the control is accepted, Psomas will install a set of azimuth monument pairs. These monuments will consist of Berntsen rods driven to point of refusal or to 12 feet in depth with a 6 inch concrete collar and a 3 -112 inch brass disc. A fiberglass survey marker will also be installed at each monument location. The monument pairs will be located at 1 mile intervals along the pipeline alignment. After installation the monuments will be marked and punched with City approved markings. The pipeline location will be measured from a field location point established at 500 foot intervals along the general alignment. Ground Penetration Radar (GPR) unit will be used to locate the pipeline position from the field location point along a perpendicular line to the pipeline alignment. A digital level run will be performed through the location points, new azimuth pair monuments and existing visible manholes. At the direction of the City's project manager a field cross section will be ran from the field location point to the water line where there is concern that the existing alignment may wander from the top of bank towards the water channel. A field topographic survey will be performed to locate the existing visible manholes along the pipeline alignment and improvements (edge of buildings, vaults and manholes) at the east and west terminus in the plants improved area. Two additional field days will be set aside for miscellaneous survey needs as directed by Exhibit "A" Page 5 of 9 the City's project manager. Office Approach The post processing will be performed in a cad environment and will meet the City's standards. The existing as -built alignment from the 1975 approved as- built plans will be calculated. The new as -built adjusted alignment will be calculated and the field location points will be inserted. Cross section points will be inserted and the edge of water will be calculated and labeled. Field improvements as directed will be shown and labeled. The azimuth monument pairs will be inserted and labeled. The deliverable survey documents will consist of a control report with directions and near -far photos of the permanent monument azimuth pair sets, a CAD file to City standards showing the calculated record as -built alignment (1975), new as -built alignment, monument azimuth pairs, cross section locations of the edge of water as directed and improvements in plant area as directed. Psomas surveyors have and do routinely perform all of the services needed of this project. 1.2 Pipeline Video Inspection and Evaluation A CCTV inspection of the existing 24 -inch asbestos cement pipeline will be completed using a system capable of deploying cameras mounted on long -range crawler vehicles. We reviewed the 1992 Winzler and .Kelly drawings to determine manhole spacing for access points for deploying a CCTV camera. The longest distance between manholes is approximately 3000 feet so the CCTV crawler vehicle must be capable of traveling a minimum of 1500 feet (upstream and downstream from each manhole) to cover the required distance. We contacted a CCTV manufacturer (Inuktun) and verified they have a unit capable of traversing the required distance to survey the pipeline. Following video inspection of the pipeline, condition ratings will be assessed for the pipeline using the National Association of Sewer Service Companies (NASSCO's) Pipeline Assessment and Certification Program (PACP) coding system. A summary of pipe condition will be presented on a GIS map developed under the surveying scope of work providing the City with an overall view of the pipeline with locations identified for further investigation and /or for future repair projects. 1.3 Manhole Condition Inspection and Evaluation The original gravity sewer pipeline was converted to a pressure pipeline in 1992 by re- moving most of the originally installed manholes, and installing new ductile iron pipe spools to connect to the existing asbestos cement pipeline. At nine locations at approxi- mately 2,000 to 3,000 foot intervals, manholes were left in place, and 24 -inch diameter 11 ..... ........... ................ Exhibit "A" Page 6 of 9 concrete encased ductile iron pipe tees were installed to provide access to the pipeline. Two additional manholes and tees were installed in the vicinity of the siphon. The duc- tile iron pipe access tees are installed with the branch section in the vertical extending above the concrete encasement and provided with a blind flange covers. These man- holes should normally be dry unless the pipeline itself is leaking, or groundwater intru- sion into the manhole is occurring. Therefore, the manholes should not subject to corro- sion. While performing the CCTV survey of the pipeline, each of the manholes and 24 -inch flanged access tees will be opened for access to launch the crawler vehicles. While the manholes and 24 -inch access tees are opened, a thorough visual inspection will be con- ducted to detect any signs of corrosion or deterioration of the interior of the manholes, blind flanges, and insides of the 24 -inch pipeline that are visible during deployment of the CCTV vehicles. Photographs will be taken to document the condition of the pipe, blind flanges, and manholes. A summary of the manhole and access tees inspection will be included with the pipeline CCTV inspection and evaluation. 1.4 Siphon Testing The condition of the inverted siphon that crosses the Laguna De Santa Rosa is of particu- lar concern to the long term integrity and reliability of the 24 -inch interceptor outfall pipeline. We reviewed the existing as -built drawings for the siphon and noted that the pipe transitions from 24 -inch to 18 -inch and is concrete encased for the section crossing the Laguna De Santa Rosa.- if the pipe is concrete encased, and the encasement is still intact, then it is likely the pipe has not deteriorated from external corrosion attack. One method to verify the integrity of the pipe encasement or if the pipe has been compro- mised by internal or external corrosion is by a pressure test. Pressure testing can be ac- complished by installing pipe plugs in the 18 -inch pipeline adjacent to the siphon and performing a pressure test. The pipeline will need to be shutdown for the duration of the pressure test. A sonar inspection of the siphon may also be beneficial to the City. Because the pipeline is frequently either not in service, or placed in service at night under low flow conditions, sediment or grease build -up within the siphon may be occurring which could reduce the hydraulic capacity of the siphon. CCTV cameras (crawler or floating type vehicles) equipped with sonar devices can provide more information about the internal buildup or wall profile of the pipeline than a pressure test. For example, a detailed profile of the pipe wall can be provided by sonar mapping that shows wall deflections, corrosion, pitting, voids, and cracks in the pipe wall. We have included an optional scope item to perform a sonar test of the siphon. Exhibit "A" Page 7 of 9 1.5 Part 1 -Summary Report A report will be prepared summarizing the findings of the video inspection, and condition evaluation of the pipeline, manholes, manways, and siphon. An overall condition evalu- ation will be presented, along with recommendations for spot repairs, locations identified for further analysis, and /or recommendations for potentially rehabilitating the entire pipe- line. The recommendations will take into account environmental impacts using the CEQA Appendix G checklist as a guide. Recommended projects will target those that can result in a Categorical Exemption or an Initial Study /Mitigated Negative Declaration (IS /MND). Part 2 2.1 Inspection and Non - Destructive Testing During Pipe Repairs The City may elect to perform repairs during the next year based on the pipeline evaluation conducted under task 1..1. Based on prior video inspection conducted in 1989, root intrusion and an offset joint were discovered in the 24 -inch pipeline. Other repairs may be identified under Part l . It is assumed that excavation, repair, and backfill of the chosen repair locations will be conducted by the City. For the purposes of this scope of work, it is assumed that a total of four Iocations will be excavated for spot repairs, with one 3 -inch diameter sample taken at each location for further analysis. The scope of work presented below includes preparation of a sampling protocol, performance of laboratory tests, analysis of testing results, estimation of remaining service life, and communication of findings. 2.1.1 Sampling During spot repairs of the pipeline and removal of the test coupons, our subconsultant Exponent will be present to visually inspect the condition of the interior and exterior of the 24 -inch asbestos cement pipe. Exponent will visually examine both sides of the pipe wall to determine the nature and extent of deterioration that has occurred. Exponent will provide a protocol for sample removal and handling, and will provide direction.on where to take a sample for further analysis during each site visit. Pipe excavation and backfill, sample removal, and pipe repair are not included in this scope of work. It is assumed that four separate trips will be required for inspection and sample extraction. 2.1.2 Laboratory Testing Deterioration is manifested by physical softening, matrix corrosion, and /or chemical changes of the cement matrix. The extent and severity of degradation will be evaluated _ .............. ..... .. .......... ..... ... .._.._ .........._by_ physical, chemical find microscopic evaluations as described herein.. The following Exhibit "A" Page 8 of 9 tests will be conducted to evaluate the extent of non - deteriorated pipe wall section remaining and to determine the current pipe residual strength. The tests will be performed in the laboratories at Exponent's corporate office in Menlo Park, California. 1. The depth of matrix softening through the pipe wall thickness will be assessed for all samples. 2. The variation in alkalinity (pH) of the pipe wall cross section will be assessed on all samples to chemically determine the extent of calcium leaching and /or chemically deteriorated thickness. 3. Two pipe wall cross sections will be scanned for elemental analysis using a scanning electron microscope equipped with energy - dispersive X -ray spectroscopy (EDX) capabilities. The scans will be used to calibrate the alkalinity testing. 4. if full perimeter samples are retrieved, crushing strength of pipe segments will be determined in accordance with ASTM C500, Test Methods for Asbestos- Cement Pipe. Note this test requires full pipe sections a minimum of one foot in length. An optional task has been included in the scope of work for this item. 2.1.3 Report The overall extent of deterioration of the pipeline will be estimated based on the condition of the test samples. The non - deteriorated wall section remaining will be measured by the testing. The remaining service life of the pipeline will be estimated based on a forecast rate of future pipe wall deterioration (as determined from the original pipe wall thickness, current extent of deterioration and operational age of the pipeline) the estimated decrease in pipe strength, and the current operating conditions. The estimate will incorporate information regarding remaining service life from published literature and Exponent's previous experience. Exponent's findings and their implications will be .incorporated into a written report provided to the City of Rohnert Park. Exhibit "A" Paae 9 of 9 City of Rohnert Park 24 -Inch Interceptor Outfall Pipeline Survey and Evaluation ID Task Name Duration Stan Finish August September ;October November 1 ... __......_. _..__._ Rohnert Park 24 -inch Interceptor Outfall Pipeline Survey Evaluation _ 7131,8/7 8/1.48/218128 91a 9'11'91189f25`101210/9J,011 0/2'01311116!,i/1 :112, 11!21/11 and 48 days Thu 9115111 Mon Notice to Proceed 0 days Thu 9115/11 Thu 9/15!11: 9 TASK 1 - SURVEY 21 days Thu 9/15111 Thu 10/13/11; 4 Internal survey kickoff meeting 1 day Tue 9/27/11 Tue 9127/11 5 Field Survey & Installation of Pipe Markers 10 days Thu 9/15/11 Wed 9/28/11 6 Data Reduction 5 days Thu 9/29/11 Wed 10/5111. 7 Mapping 5 days Thu 10/6/11 Wed 10/12111. 8 _ QAlQC 1 day Thu 10/13/11 Thu 10/13/11' j 9 Submit pipe drawings to City 0 days Thu 10/13111 Thu 10113111; p�10/13 10 TASK 2 - EVALUATION AND RECOMMENDATION FOR PIPELINE 43 days Thu 9122/11 Mon 11/21/11' fr 11 Kickoff meeting /gather background information 1 day Thu 9/22/11 Thu 9122111. 12 Review geotechnical information 2 days Fri 9/23/11 Mon 9/26/11 13 Condition assessment and corrosion field studies 20 days Fri 9/23111 Thu 10120/11: i 14 CCTV inspection P 12 days Fri 9130/11 Mon 10!17/11' 1 �15 _. Progress status meeting to present findings 0 days Mon 10124111 Mon 10!24111: 10124 _....___ 16 Research replacement/rehabilitation alternatives 5 days Tue 10/25/11 Mon 10/31/1 i' 17 Matrix of alternatives (advantages /disadvantages and cost) 5 days Tue 10/25/11 Mon 10/31111 r 18 CEQA checklist for various alternatives 5 days Tue 10/25/11 Mon 10/31/11: 19 t Recommendation 5 days Tue 11/1/11 Mon 11/7/111 20 Draft report 5 days Tue 10/25/11 Mon 10!31!11 21 City review draft report 10 days Tue 11/1!11 Mon 11/14/11; 22 Meeting; discuss City comments on draft report & prelim. CEQA 0 days Mon 11/14!11 Mon 11/14/11 14 23 J Final report 5 days Tue 11/15/11 Mon 11!21/11: Task Milestone 0 External Tasks Project: Schedule Data: Tue 7126/11 Split Summary 4— External Milestone Progress Project Summary = .% Deadline Page 1 EXHIBIT B Compensation -15- 11266510 80078/0012 Revised: 10/08/10 F: Exhibit "B" Page 1 of 2 .. MA1RE, KURT PIERI, MISSY KEMEN, STEFANIE ENGLAND, SUZAN BLOOD,BRAD MENDBNHALL, STEVE B.RYANT, SCOTT FIELD STAFF 2 -MAN CREW DRAFTERS HARRIS, JERRY ADMINISTRATIVE 180.00 110.00 135.00 11 0.00 160.00 175.00 160.00 130.00 208.00 105.00 86.00 Other Direct Costs include $15 1hr CAD fee for drafting hours, outside reproduction costs, mileage, ten (10) percent markup on subconsultants, and other direct costs. P S Q M A S Fee Information 127 AND PIPE MARKERS PSOMAS FEE ESTIMATE FOR CITY OF ROHNERT PARK SEWER INTERCEPTOR RECONSTRUCTION PROJECT Exhibit "B" Page 2 of 2 440 IS 320 5 640 S 7.040 TASK .1.2- PIPELINE VIDEO INSPECTION AND EVACUATION 8 16 -- $ 3,040 $ - Review meeting CCTV inspection 4 4 8 48 $ $ 5,920 _ $ 45,000 $ S 4,500 S 55,420 Subtotal Task 1.2 0 4 0 48 0 0 S 51920 S S 45,000 S $� S S 4,500 5 55,420 TASK 1.3 - MANHOLE CONDITION INSPECTION AND EVALUATION 130 0 r 8 $ 30.028 S S S S 75 $ 30,103 PART 2 Included in Task 7:2 .� rr r�r _.._._._...._.._.... ...______. $ •�e r�� TASK 2.1 - IN$PECTION AND NON - DESTRUCTIVE TESTING DURING PIPE REPAIRS - $ $ Subtotal Task 1,3 0 0 0 0 0 0 S - S - S - S - S - S - S TASK 1.4- SIPHON TESTING Pressure teitino of the si hoO) 32 $� 5,150 $ 8,670 Subtotal Task 1.4 0 0 0 32 t) n A a Kon c _ e _ c _ c _ c N, � a "R ;o ra report ; - 8 16 -- $ 3,040 $ 3,040 Review meeting 4 4 8 $ 2,240 _ $ 2,240 Final report 2 10 $ 1,420 $� - 1,420 Subtotal Task 1.5 e 20 � 54 16 130 0 r 8 $ 30.028 S S S S 75 $ 30,103 PART 2 .� rr r�r •rr � �r •�e r�� TASK 2.1 - IN$PECTION AND NON - DESTRUCTIVE TESTING DURING PIPE REPAIRS I I ' :nerai notes: (1) Other Direct Cost includes 10% markup on subconsultants, miscellaneous expenses, reproduction, $151hour for CAD equipment, and mileage costs. (2) Fee Estimate is based on scope of work and schedule within proposal. (3) Labor Sates are shown for 2011 for individuals who are anticipated to work on the project. Actual billing rates will be used. (4) An altotvance of $5,000 is included for test plugs. This cost can be deducted if the City has it's own plugs of the size needed for pressure testing the line 1 t....._.....___ $ 1,210 $ 1 I $ sao $ C C 7niA I c I EXHIBIT C Insurance Requirements to Agreement For Design Professional Services Re: Sewer Interceptor Outfall Phase 2 Design Professional shall, at all times it is performing services under this Agreement, provide and maintain insurance in the following types and with limits 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 Design Professional in excess of the limits and coverage required in this agreement and that is applicable to a given loss will be available to City. 1. Commercial General Liability Insurance, occurrence form, using Insurance Services Office ( "ISO ") "Commercial General Liability" policy form CG 00 01 or an approved 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 shall be less than $2,000,000 (Two Million Dollars) each occurrence; 2. Business Auto Coverage on ISO Business Automobile Coverage form CA 00 01 including symbol 1 (Any Auto) or an approved equivalent. Limits are subject to review, but in no event shall be less than $2,000,000 (Two Million Dollars) each occurrence. If Design Professional or its employees will use personal autos in any way in connection with performance of the Services, Design Professional shall provide evidence of personal auto liability coverage for each such person. 3. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employers liability insurance, with minimum limits of $1,000,000 (One Million Dollars) per occurrence. 4. 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 self - insured retention for liability not covered by primary but covered by the.umbrella. Coverage shall be provided on a "pay on behalf of 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 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, subconsultants or others involved in performance of the Services. 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 (Two Million Dollars) per occurrence. 5. 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 -16- 1126651v3 80078/0012 Revised: 1 /10 /11 omissions of the Design Professional and "Covered Professional Services" as designated in the policy must include the type of work performed under this Agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the aggregate. 6. Insurance procured pursuant to these requirements shall be written by insurers that are authorized to transact the relevant type of insurance business in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. 7. 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: A. 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, or an equivalent. Design Professional also agrees to require all contractors, and subcontractors to do likewise. B. No liability insurance coverage provided to comply with this Agreement, except the Business Auto Coverage policy and Professional Liability policy, 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. C. All insurance coverage and limits provided by Design Professional 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. D. 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. E. 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. F. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises, and City shall be responsible for the cost of any additional insurance required. Design Professional shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. G. 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 -17- 11266510 80078/0012 Revised: 1/10/11 delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City may terminate this agreement in accordance with Section 19 of the Agreement. H. 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. I. 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. J. Design Professional agrees to ensure that subconsultants, and any other party involved with the Services who is brought onto or involved in the Services by Design Professional, provide the same minimum insurance coverage required of Design Professional; provided, however that only subconsultants performing professional services will be required to provide professional liability insurance. 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 Services will be submitted to City for review. K. 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, consultant or other entity or person in any way involved in the performance of work on the Services 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. L. 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) days advance written notice of such change. If such change results in additional cost to the Design Professional, and the City requires Design Professional to obtain the additional coverage, the City will pay Design Professional the additional cost of the insurance. M. 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. N. 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 RM 11266510 80078/0012 Revised: 1 /10/11 requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. O. Design Professional will endeavor to renew the required coverages for a minimum of three years following completion of the Services or termination of this agreement and, if Design Professional in unable to do so, Design Professional will notify City at least thirty days prior to the cancellation or expiration of the policy or policies. P. 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. Q. The provisions of any workers' compensation or similar act will not limit the obligations of Design Professional under this agreement. Design Professional expressly agrees that any statutory immunity defenses under such laws do not apply with respect to City, its officers, elected officials, employees, agents, and volunteers. R. 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 provide&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. S. 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. T. 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. U. Design Professional agrees to be responsible for ensuring that no contract entered into by Design Professional in connection with the Services authorizes, or purports to authorize, any third party to charge City an amount in excess of the fee set forth in the agreement on account of 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. V. 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. -19- 11266510 80078/0012 Revised: 1 /10 /11 EXHIBIT D Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional -20- 1126651v3 80078/0012 Revised: 1 /10 /11 ' Exhibit "D" Page 1 of 15 Project Team We have assembled a team of highly qualified individuals to ensure that the City's project is successful. The organization chart below identifies key members and their roles. Resumes for all team members are provided at the end of this section. Suzan England, PE — Project Manager I As your Project Manager, Ms. Suzan England will be the City's primary point of contact and will manage the team to perform the work as described in our approach section.. By working closely with Exponent and Inuktun (CCTV subconsultant), She will focus on the condition evaluation of the 24 -inch asbestos cement pipe, and will assist in evaluating options available for restoring the overall structural condition of the pipeline with the ultimate goal to extend the useful life of the pipeline for at least the next 30 years. As such, this team will not only evaluate and provide the most cost effective solutions; they will also prepare an implementation plan and project cost estimates to allow the City to phase in improvements over time as funding becomes available. Ms. England will also coordinate the effort with our surveying group to identify and document the location and invert of the 24 -inch interceptor outfall pipeline, as well as installing pipe markers to identify location from the ground surface. The mapping developed out of this effort will be tied in to the City's GIS system so that projects to rehabilitate the pipeline in the future have accurate base .inaps at the start. With the mapping developed ................................................. ...out,of this projects arty reIiabiiitation projects- ltdentiffed- fa.r,tlie,— , li'i e ... .............__ . will be easily carried to the next step; preparing final design packages P SO M A S Qualifications 13 Exhibit "D" Page 2 of 15 for bidding purposes. Ms. England has seen many projects from design through construction and is ready to assist the City on this important project Gregory Ow, PE — Project Director ( Mr. Ow will serve as Project Director for the City of Rohnert Parlc Interceptor Outfall project and will oversee Psomas' team performance to meet and exceed your project expectations. Ile is a Vice President with Psomas and is a registered Civil Engineer in California. With over 30 years of civil engineering experience ranging from water distribution design through program/construction management of complex infrastructure projects including waterAvastewater treatment plants, Mr. Ow is well- experienced in managing subconsultants, monitoring and managing team and client work relationships, monitoring and mitigating project schedules and budgets for cost escalation issues, and completing projects on time. Mr. Ow brings practical .knowledge from his early experiences as both a wastewater and water treatment plant operator. Drawing from his civil engineering design experience, be provides valuable input into construetability reviews and construction management services. Mr. Ow will be responsible for daily management of the project. Under his guidance and leadership, the Project Team will enjoy a cooperative, synergistic working relationship to benefit the City through efficient design and optimum solutions. Through meetings, open communication and budget and schedule tracking, Mr. Ow's management style leads to a "no surprises" design and extremely low change orders, keeping the team on schedule and within budget, while keeping the client fully informed of project status. Kurt Maire, PE — Engineering f Mr. Maire will assist with the pipeline condition evaluation and recommendations. Kurt has over six years of experience in wastewater, water, and storrnwater projects with expertise in pipeline, pump station, and grading design. Kurt brings technical experience in pipeline material selection and installation method selection for pipeline crossings that include railroad tracks, creeks, aqueducts, canals, and major highway crossings. His experiences coordinating with Caltrans, cities, counties, private property owners, businesses, schools, utility owners, and state agencies will be valuable in. determining what is involved in complex projects with multiple stakeholders. Kurt's experience in developing detailed design documents includes writing detailed sequencing procedures and developing stringent constraints for construction will ensure the successful completion of the interceptor outfall with minimal risk to the City. Steve Mendenhall, PLS -- Surveying I Mr. Mendenhall, PLS, is the Survey Group Manager in Northern California and will lead this effort. fle r ......................._._...................................... ................,.........._.._ ,...........................<.. .... . ... ..... ......_..._......................................._.._..................................._.__....._......_..... ....._......................... has 40 } ears of experience in public and private sector land sir veyrng, with P S O M A► S Qualifications 14 Exhibit "D' 4.,. Page 3 of 15 a significant background in most applications of surveying in Northern California. Psomas' Survey Group has been providing survey services since 1946. Brad Blood, PhD — Environmental Clearance I Brad Blood, Ph.D., is a Senior Project Manager and Biologist with expertise in regulatory compliance related to biological issues including CEQAINEPA, federal Clean Water Act, and the federal and state Endangered Species Acts. He has broad knowledge of biological resources, has experience in writing and managing CEQA and NEPA documents, and has experience implementing mitigation monitoring programs. Dr. Blood is highly experienced with state and :Federal regulations governing endangered and sensitive species and their permitting, and with state and federal regulations governing wetlands and permitting. Subconsultant Jose Bohorquez –W Surveying I Mr. Bohorquez has more than 20 years of experience its the utilities designation and utility location (Potholing) field..Mr. Bohorquez has been involved. with Bess Testlab, Inc. since 1985. Mr. Bohorquez purchased Bess Testlab, Inc. in March of 1995 and was appointed as President and CEO. Mr. Bohorquez is an expert in ground penetrating radar (GPR) for the designation of underground utilities. Mr. Bohorquez introduced Northern California to the GPR technology in 1.998 with a GSSI GPR unit which was utilized to perform "blind" utilities search and to locate nonconductive utilities such as PVC &clay materials. He will work with Mr. Steve Mendenhall to supplement Psomas field surveys with GPR. Nathan J. Harris, PhD, PE -- Condition Evaluation I Dr. Nathan Harris is a Senior Engineer in 1. xponent's Buildings and Structures practice, where he specializes in concrete and other cementitious materials. He has experience investigating durability and performance issues related to concrete ingredients, concrete building components, concrete pavements, portland cement -based plaster (stucco), fire - damaged concrete, cernentitious toppings, tile, asbestos - cement pipe, and concrete surface coatings. He has experience analyzing the physical and chemical properties of concrete's cementitious constituents particularly those properties that influence concrete durability. Ile also has experience investigating water intrusion and moisture accumulation in building components such as decks and roof assemblies. P S 4 M A S Qualifications IS Exhibit "D' Page 4 of 15 Suzan England, PE Project. Manager Education Ms. England has more than 17 years of experience as a project manager MS /1992/Civil Engineering/ in planning, design, and construction of water and wastewater treatment University of California, Davis facilities. BS/ 1988 /Civil Engineering/ Oregon State University, Oregon Project Experience Registration 1994 /Professional Engineer/ John Jones Water Treatment Plant (WTP) Expansion Project, CA/ #51467 City of Tracy, CA: Served as Project Manager for design and resident engineer during construction for the $36 million. expansion project which. Publications/Papers doubled the plant capacity from 15 to 30 million gallons per day (mad). Eaton, C.L.,Wilkins, KA., England, SK, and Wengrin, D. "Alternate Major project elements included expanded influent pumping facilities, Design and Procurement new conventional pretreatment 30 mgd facilities, new and retrofitted Approach for UV Disinfection filters, UV disinfection facilities, and washwater treatment. Directly Systems" Paper presented at the AWWA 2004 Annual Conference involved in startup and testing of various pumping stations, flocculation / & Exposition and at the California- sedimentation basins, filters (including new automatic backwash controls), Nevada Section ofthe AWWA UV disinfection system, chemical storage and metering pumps, backwash 2004 Spring Conference, Las Vegas, NV pump station washwater recycle pump station (sodium permanganate, England, SK, Kraska, D.J, and aluminum sulfate, poly- orthophosphate, and ammonium hydroxide), Galtere, G., "A Comparison of cationic and non -ionic polymer blending systems, bulk 20 -ton chlorine Designs the -Art Contractor Designs for a Conventional storage tank, chlorinators, ejectors, chlorine scrubber system (20 -ton 75- million gallons per day (mgd) capacity scrubber with caustic soda storage tanks), the emergency alarm WaterTreatment Plant" Paper / ambient chlorine monitoring system. Developed load shedding program presented at the International Ozone Association Pan American and assisted with its functional testing along with the new switchgear and Group Conference, Orlando, FL, standby power generator. Provided assistance with the application for water October. 2000. supply permit from the DPH, and assisted the City with developing their England, S. K "Ultraviolet new Operations Plan. Disinfection of Wastewater: A Pilot Scale Study of Performance:' Paper Design Upgrade to the Secondary Wastewater Treatment Plant for presented at the American Society of Civil Engineers 1991 National the City of Watsonville CA: Served as Design Engineer responsible for Conference of Environmental designing a blower building equipped with four aeration blowers for a new Engineering, steno, NV aeration basin facility, designing a RAS /WAS pump station, and sizing Experience plant process piping for support of the aeration process. With Psomas less than I year; with other firms for 17 years Union Sanitary .District (USD) Wastewater Treatment Plant Upgrade Project, Union City, CA: Project Engineer for design and construction of the $40 million upgrade project that increased the plants' average dry weather treatment capacity to 30 mgd, and included construction. of a new headworks facility, new aeration basins and blower building, upgraded RAS /WAS pump station, new gravity belt thickeners, odor control facilities, an anaerobic digester with a heating and mixing building, and various other plant improvements. Responsible for the design of the gravity belt thickener building, upgrading the existing RAS /WAS pump station, and design of the odor control facilities (mist scrubbers) for the plant P S O M A S Qualifications 16 _ Exhibit "D" Page 5 of 15 Suzan England, PE (Cont'd) SMD 1 Wastewater Treatment Plant Upgrade and Expansion, Placer County, CA: Project Engineer for the PIaeer County SMD I WWTP Upgrade and Expansion Project Design. Effectively, the entire plant needs to be rebuilt at a cost of approximately $60 million. Responsible for the design of the chemical storage and feed systems for Magnesium Hydroxide, Sodium Hydroxide, Sodium Hypochlorite, Calcium Thiosulfate, Polyaluminum Chlorohydrate, and Polymers. Water Quality Control Plant Improvement Project, Cities of South San Francisco /San Bruno, CA: Served as Project Engineer responsible for design of a 13 -mgd chlorine contact basin, sodium bisulfate dechlorination facilities, and a sludge dewatering facility. The dewatering facility includes two belt filter presses, sludge feed pumps, hydraulic piston type cake pumps, odor control facilities, and a 50 -cubic -yard elevated sludge storage hopper. The sodium bisulfate facility included three 8,300 gallon storage tanks with fuzee scrubber located in a concrete containment structure with an adjacent building housing metering pumps, chlorine and bisulfte residual monitors, and electrical and control systems. SCVWD Treated Water Improvement Project (TWIP) - Stage 1 Project, San Jose, CA: Served as Project Manager during design and construction of the $24 million project improvement project which included new chemical facilities for the District's three WTPs, as well as a major seismic upgrade at the 42 mgd Penitencia Water Treatment Plant. Responsible for design of potassium permanganate and ferric chloride/ liquid alum chemical storage and feed for each plant, and design of upgrades to the pretreatment system. Assisted with startup and testing of the potassium permanganate system at each WTP, and prepared operations and maintenance manuals for all of the new chemical facilities at each plant. Sodium Hypochlorite Facilities Design Project, Cities of South San Francisco /San Bruno, CA: Served as Project Engineer responsible for the design and construction oversight of the sodium hypochlorite storage and feed system providing disinfection for 61.8 mgd peak wet weather flows. The new sodium hypochlorite system replaced the plant's existing chlorine gas facility that was aged, and would have required extensive retrofits to bring into compliance with current building and fire codes. The new sodium hypochlorite facilities included three 8,300 - gallon storage tanks installed within a new concrete secondary containment structure, and an adjacent building housing metering pumps, chlorine residual monitors, a motor control center, and a programmable logic controller (PLC). P S O M eA S Qualifications 17 Gregory Ow, PE Project Director Education 1987 /MS /University of San Francisco 1979/BS /University of California, Berkeley Registration Professional Engineer/ CA #37002 Affiliations American Water Works Association California Water Environment Association Exhibit "D" Page 6 of 15 Mr. Ow has more than 30 years of civil engineering experience ranging from water distribution design through program /construction management of complex infrastructure projects including pump stations, lift stations, and water /wastewater treatment plants. He brings practical knowledge from his early experiences as both a wastewater and water treatment plant operator. Drawing from his civil engineering design experience, Mr. Ow has well rounded experience in providing valuable input into constructability reviews and construction management services. i-1e is also a strong Project Manager and communicator. These two attributes keep project on schedule and on budget. Project Experience. San Francisco Bay Section. "C" Street Pump Station Upgrade, City of Petaluma, CA: Project California Water Environment Association Manager for design services during construction of this 10 MGD pump station renovation. The upgrade of the 10 -MGD pump station included Experience complete redesign of the entire station, including structural, architectural, other fir With Pir mas ms for 29 years 1 for I year; with and civil work and replacement of all mechanical and electrical/ instrumentation items. The project included a complete renovation of the existing structure, dry pit submersible pumps with variable frequency drives, standby generator, odor control, flowmeters, and replacement of all piping and valves. Reconstruction of Wastewater Pump Station 1.2, City of Pacific Grove, CA: Project Manager responsible for design services to the City of Pacific Grove for the Reconstruction of Wastewater Pump Station 12. The new pump station replaces an existing purnp station that had many deficiencies including insufficient pumping capacity, difficult access to the pumps and. the emergency discharge connection, maintenance issues, etc. Bonavita Heights Infrastructure, City of Santa Rosa, CA: Project Manager for design of the $2.1 million Bonavita heights sewer and water improvements project. Design services included aerial planlimetrie base mapping, electronic detection locating of underground utilities, and the replacement of potable water pipelines and sewer pipelines. Sanitary sewer system improvements for the 60 year old Bonavita Heights subdivision included over 10,000 LF of 8 -inch sewer mains, and replacement of manholes and house laterals. Water distribution system improvements included over 7,000 LF of 8 -inch water lime, sectional valve replacement and new water service connectors and meters. The design included pavement evaluation for pavement repairs and final overlay. Industrial: Waste /Sanitary and Storm Sewer Study, Mare Island Naval ............. ......_....._..._............... ...... ...... ... ...... ................. ... ............ ..................................................... S.hipyaarsi.,. allej: o,... CA:... Serv. ed:. as_ Projec. t.Manager...on..the_industr:ial vwaste .................... . .... ...._._ .... ..._..... P S O M A S Qualifications 18 _ Exhibit "D" Page 7 of 15 Gregory Ow, PE (Cont'd) pre - treatment study, new industrial waste pipeline, heavy load pavement structure, sanitary and storm sewer inflow /infiltration study. Capital Improvement Projects, City of San Bruno, CA: Administered and managed a variety of projects for the City's water supply and wastewater collection systems including well development, water tank rehabilitation, pump stations, and computer modeling. Treasure Island Water System, US Navy, Yerba Buena Island, CA: Project Manager for this $7 million project, which included improvements to pump stations on Yerba Buena Island and 25 miles of 6- to 18 -inch pipeline. Water Systems Study and Design, US Navy Oakland, Naval Air - Station, Alameda, CA: Served as Project Manager for the in- depth evaluation of the two independent water distribution systems (potable water and fire protection). This study included a detailed computer modeling of both water distribution systems using KY-pipes to determine the hydraulic losses and pressure residuals during critical fire flow demands, and the physical examination of all piping facilities through a systematic leak detection analysis, soil resistivity analysis for corrosion potentials and visually inspecting and operating all system valves and fire hydrants. Mr. Ow's team prepared plans and specifications for the replacement of the entire water system at the former NAS Alameda including the design of 42 miles of water distribution pipe ranging in size from 3/- to 24 inches in diameter, water tanks, backflow prevention devices, pump stations, and fire hydrants in accordance with EBMUD requirements. Water- Tank Rehabilitation, Alameda Naval Air Station, CA: Mr. Ow computer modeled the water and fire protection distribution system and design of two replacement water distribution systems. Mr. Ow served as a Design Engineer specializing in water and wastewater projects at six military installations in Northern California. Projects include: Mare Island, Industrial Waste Line "A" b Mare Island, O &M Manual Industrial Waste Pump System NAS Alameda, Water System Repair ® Treasure Island /Yerba Buena Island, Water System Repair Yerba Buena Island, Water Tank Repair Oakland PWC, Sewer System Repair New Sewer Trunk Pipeline, City of Merced, CA: Provided construction ..... ............................. ... ............ ............ .. .......... ._....._ __....... ........ ........management - services.. for.. seven- miles-of new pipeline.. for.. the City...at..a........._......... project cost of $5 million. P S O M A S Qualifications ( 9 Exhibit "D" Page 8 of 15 Kurt W. Maire, PE Fngineering Education Mr. Maire has more than 5 years of experience as a project design engineer. BS /2.004 /Civil Engineering/ Ilis expertise and experience includes water, wastewater, and stormwater. Brigharn Young University, Provo, He has a strong technical background s ecial.izin in pump station , pipeline Registration and grading design. 20091Professional Engineer/ California/ #74788 Project ,Experience Affiliations "C" Street Pump Station Upgrade Project, City of Petaluma, CA: American WaterWorks Project Engineer for the complete rehabilitation of I0 -rngd raw wastewater Association pump station. The upgrade of the 10 -mgd pump station included complete California Water Environment redesign of the entire station, including structural, architectural, and civil Association work and replacement of all mechanical and electrical /instrumentation San Francisco Bay Section, California Water Environment items. The project included a complete renovation of the existing structure, Association dry pit submersible pumps with variable frequency drives, standby Experience generator. odor control, fiowmeters, and replacement of all piping and With Psomas for 4 years; with valves. other firms for I year SCWA South Transmission System Pipeline Project, Petaluma, CA: Project Engineer on the design of 29,000 linear feet of 48 -inch water transmission pipeline. Tasks included alignment, bore pit locations, and determination of potential conflict areas with existing utilities. Tertiary Recycled Water Pipeline and Reservoir Project, Petaluma, CA: Project Engineer in the design of 12,000 linear feet of 20 -inch ductile iron recycled water pipeline and 2.2MG prestressed concrete reservoir, including design of the storm drain system on the reservoir site. EBMUD Forcemain South Interceptor Relocation, Oakland, CA: Review of contractor submittal and services during construction for a 48 inch. sewer forcemain relocation and tie in to existing. EBMUD Gravity Sewer S. Interceptor Relocation, Oakland, CA: Review of contractor submittal and services during construction for a 66 inch gravity sewer relocation. Delta Diablo Sanitation District /City of Antioch Recycled Water Project, Antioch, CA: Project Engineer involved with coordination with existing utilities, potholing, and the design of approximately 6 miles of 12 to 16 inch PVC recycled water pipeline. Reconstruction of Wastewater Pump Station 12, Pacific Grove, CA: Project Engineer on the design of a wastewater pump station replacement. Work included site layout and grading design, pump sizing, and the preparation of specifications, drawings, and cost estimate. .......... ........... .......... Water- S.treet..North..SllC,, Petaluma ,..,CA:...Review,.of,contractor .. ... .......... .... ... . .... ....._..._ submittals for the construction of a gravity sewer line and sewer manholes, P S O M A S Qualifications i 10 .:. Exhibit "D" Page 9 of 15 Kurt W_ Moire (Cont'd) as well as construction sequencing, traffic control, and temporary bypass Pumping during replacement of the existing sewer system. Contra Costa County Sanitation District (CCCSD) Wet Weather Bypass Project, Martinez, CA: Project Engineer on the design of the wet weather bypass structure and design of the preload fill required prior to its construction. Dublin San Ramon Services District (DSRSD) Bar Screen /Screw Conveyor Improvements SDC, Dublin, CA: Review of contractor submittals for the bar screens at the headworks of the treatment plant. Fallbrooli 6 Flow Control Facility Pi oject, San I }iego, CA: Specifications for the flow control facilities for control and metering of flow from the Metropolitan Water District of Southern California's distribution lines. Llagas Zone Water Main Replacement Project, Morgan Hill, CA: Project. Engineer on the design of the 3,000 linear feet of ductile iron piping and a pressure reducing station. Work included the preparation of specifications, drawings, and a cost estimate as well as coordination with existing utilities and potholing. Northeast Fairfield Pump Station Project, Fairfield, CA: Project Engineer on the design of the sewer pump station. Work included preparation of specifications, drawings, and cost estimating. Venus Pump Station Improvements Project, Milpitas, CA: Project Engineer for replacement of pumps, valves, and hatches at the existing sewer pump station, as well as the design of the wet well coating system and bypass pumping system. Sleepy Hollow Pumping Station Upgrades Project, Orinda, CA: Project Engineer on the design of pump station upgrades including the replacement of valves, hatches, and a vault at the existing pump station, as well as the design of the wet well coating system, sequencing and constraints, and the bypass pumping system. Sewer Pump Station Rehabilitation Project, West Sacramento, CA: Review of contractor submittals for pump stations. Assistance during construction for concern associated with cleaning and coating of the existing dzywell. City of Martinez Community Water System Vulnerability Assessment Update, Martinez, CA: Project Engineer on the 2009 update to a 2004 report that assessed the vulnerability of City's water system to different . ......... _........_....._......._.._ . ............. ...._ ........... ..... _.._..........., thr.Q ats,.......... .... ............................................................................ ....... ............ .......................... ........................................................... .................... .. ....... ................. ....... P S O M A S Qualifications I I I Exhibit "D" h A Page 10 of 15 Steve Mendenhall, PLS Surveying Education 197 1 /Coursework in Engineering, American River College 1971 /Coursework in Engineering and Surveying, Sacramento City College Management-Fraining, United States Air Force Affiliations California Land Surveyors Association Registration 1976 /Professional Land Surveyor/ California/ #4444 Publications PO.B. "GPS - CSDS -VSN Network Leaders," ?_007 Building Magazine International, "Condominium Mapping;' 1986 Experience With Psomas for I year with other firms for 39 years Mr. Steve Mendenhall has more than 40 years of experience in public and private sector land surveying, with a significant background in most applications of surveying in Northern California. Ilis project experience includes various aspects of surveying for roadways, highways, drainage, waterways, and natural resource features. He has performed surveying services including GIS, GPS, and aerial service applications; first order GPS primary control network, secondary control network, boundaries, plats, descriptions, exhibits, record maps, design and utility surveys, appraisal. maps, right-of-way engineering and mapping, photograrnmetric and planimetric mapping, digital orthophotography, rail surveys, road surveys, vertical steel surveys, tunnel surveys, and construction staking on all types of projects. Project Experience Livermore- Arnador Valley Water Management Agency, CA: Primary control densification, right -of -way determination, and show -me stakes for on site review and construction staking from the San Francisco Bay, over the Dublin grade to Pleasanton. Forest Hill Pipeline Project, Forest Hill, CA: Primary Survey Control; Mapping, design surveys and construction surveys for the 16 -mile long 48" pipeline project from Sugar Pine Darn to Forest Hill. Fowler Water Storage Tank and Access Road, San Jose, CA: Provided. aerial photo control, supplemental surveys, right-of-way documents, and pipeline alignment staking. Kings Canyon National Park Wastewater Treatment, Fresno County, CA: Performed design topographic surveys and construction staking for a $7 million wastewater treatment facility for the Grant Grove area of the Kings Canyon National Park. Project elements included sewage collection and pumping facilities, winter leach fields and summer spray irrigation of treated effluent, a treatment plant building, and a one million gallon potable water storage facility. Lexington Reservoir Water Pipeline, Los Gatos, CA: Photocontrol, design surveys, and utility locations for approximately two miles of 42 "+ pipeline from Lexington Dam to East Main Street in the City of Los Gatos. Bowman Water Treatment Plant, .Placer County, CA: Survey Project Manager providing topographic as-built surveys for the design of the expansion of the water treatment plant for Placer County Water Agency. �.. ...._. .................................................. .... . . ..........� Morgan Hill Ranch Business Park Water System Improvements, �Morgari "I=TiII; CA: Design stirwey 's;_ri g'. h "t- ot= way_iiiapping; ail a docunieiitW ........ ._ .._.......... .... .... preparation for pipe and tank facilities. P S O M A S Qualifications 1 12 Exhibit "D" Page 11 of 15 Steve Mendenhall, PLS MWD Colorado River Aqueduct Project, Central Valley, CA: GPS primary and photo control network over a 15 -mile segment in the Ilayfield and Coxcomb areas. 150 control points, precise leveling, 1 " =40' photography over 1,500 -foot corridor. Rancho Murieta Water Treatment Plant Expansion, Sacramento County, CA: Survey Project Manager for design topographic and boundary surveys, construction staking, and monumentation of a 2.0 -MGD expansion to this existing plant. City of San ,rose "On- Call" Survey and Mapping Support, Santa Clara County, CA: Provided Survey and mapping including project management and field coordination for: boundaries, plats, descriptions, exhibits, record maps, multiple Fire Station site expansion surveys, City wide control, -drainage, utility, design, construction and monumentation surveys, monitoring surveys, photogrammetric and planimetric mapping, digital orthophotography, 3- dimensional models and volumetric calculations, road surveys, right-of-way engineering and air obstruction surveys. Also provided master GPS control upgrade and GIS expansion support. Alameda County "On -Call" Levee Surveys, Alameda, CA: Performed survey support for levee design and construction certification for 22 miles of levees in Zones 2, 3A, 5, and 6 in Alameda County. Compare existing LIDAR data files with survey cross - section and profile data and develop scope of infilI surveys needed to determine the extent of stability, settlement, and freeboard conditions. Provide infill surveys and documentation to support the levee certification process. P S O it A S Qualifications 113 =` Exhibit "D Page 12 of 15 Brad Blood, PhD Environmenta! Clearance Education Brad Blood, Ph.D., is a Senior Project Manager and Biologist with PhD 1987 /Biological Sciences/ expertise in regulatory compliance related to biological issues including University of Southern California MS /1981 /Biology /California , federal Clean Water Act CE A/NEPA and the federal and state Q > State University, Long Beach, CA. Endangered Species Acts. He has a broad knowledge of the biological BS/ 1978 /Zoology /California State resources of Southern California and has experience in writing and University, Long Beach, CA managnlg C QA and NEPA documents aIld implenienting mitigation Affiliations monitoring programs. Dr. Blood is highly experienced with state and Southern California Academy of federal regulations governing endangered and sensitive species and their Sciences (Past President, Board of Directors) permitting, and with the state and federal regulation governing wetlands American Society of and permitting. Mammalogists Southwestern Association of Project Experience Naturalists Katella Avenue Relief SeNver.Pipeline, City of Anaheim, CA: Provided Society of the Study of Amphibians and Reptiles pl �i the associated environmental documentation for approximately 1. -' /a m les � y Association of Environmental of 15 -inch VCP sewer pipeline that replaced existing City se xers. Tasks Professionals included drafting a project description, an environmental information form, Experience environmental checklist, and mitigated negative declaration tiered off With Psomas for 7 years, with City's current General Plan E1R. other firms for 21 years Mitigated Negative Declaration for City for the San Juan Capistrano Recycled Water Pipeline, CA: Project Manager for a Mitigated Negative Declaration for the installation of a recycled water pipeline. The pipeline was routed along city streets and Arroyo Trabuco Creek. Mitigated Negative Declaration for Tippecanoe Well and Pipeline Project, Riverside County, CA: Worked with .Psomas Hydrogeologist to prepare an Initial Study and MND pursuant to CEQA for the Elsinore Valley Municipal Water District's new Tippiconoe Water Well Project. East Orange County Water District, CA: Worked with Sr. Hydrogeologist to prepare a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, required forms for submittal to State Clearing House, response letter to comments, and presentations to lead agency /public forum on the project. Mitigated Negative Declaration /Environmental Assessment /Mitigated FONSI for Mission Springs Water District Recycled Water Feasibility Study, CA: Project Manager and lead biologist to develop a CEQAINEPA document for Mission Springs Water District's Recycled Water Feasibility Study. The Bureau of Reclamation is the lead. NEPA agency and. is funding the study. Psomas is coordinating with the District, the Bureau, and the engineers on this project. �. ...._....._. _ ......... .. ................. ......................... Initial- S.tudy_. and.- .Te.chnical..Study _Co.or-dinatiaii for...the.Simi . ..,_..._..... Valley Land Fill and Recycling Center Expansion, Simi Valley, P S O M A S Qualifications 1 14 Exhibit "D" Page 13 of 15 Brad R. Blood, PhD Ventura County, CA: Project Manager and lead consultant for Waste Management's Simi Valley Landfill and Recycling Center's expansion project. Dr. Blood managed the biological resources technical studies, aesthetics technical study, traffic, air, and hazards technical studies and subeonsultants for the Waste Management Inc. The document was written to address Ventura County's Initial Study Guidelines and included Full technical studies on biological resources, traffic, air quality, visual aesthetics, and hazards. Environmental Impact Report for City of California City's Redevelopment, Annexation, Detachment, and Automotive Test Course Project, Kern County, CA: Served as Project .Manger for all biological related issues, including surveys for desert tortoise, and Mohave ground squirrel for the 4,800 acres plus project site. Wrote the biological resources section for the EIR. Responsible for coordination with the US Fish and Wildlife Service, California Department of Fish and Game, and U.S Arfny Corps of Engineers. Also responsible for obtaining a 10 (a) incidental take permit for Desert Tortoise pursuant to the federal. Endangered Species Act, a state 2081 incidental take permit for Mohave ground squirrel pursuant to the state .Endangered Act, and a Streambed Alteration Agreement pursuant to State Fish and Game Code Section 1600. All permits are currents pending, and expected to be issued in January 2004. Addendum to the Environmental Impact Report for City of California City's Redevelopment, Annexation, Detachment, and Automotive Test Course Project, Kern County, C.A.: Served as .Project Manger for the writing of the final addendum to the EIR for the project. The addendum was required due to additional resource agency requests for conservation measures to protect the desert tortoise and Mohave ground squirrel. Environmental Impact Report for 2003 Owens Lake Dust Control Measures State Implementation Plan: Served as Lead Biologist and supervised surveys for endangered and sensitive species of wildlife, including insects, amphibians, reptiles, birds, and inammals Supervised the Biological resources section for the 2003 EIR Environmental Impact Report for the State of California and the City of Chino's Chino Institute for Men's development project, City of Chino, San Bernardino County, CA: Supervised the biological resource surveys, and the writing of the biological resources section of the EIR. Other responsibilities included supervising staff negotiations with the California Department of Fish.and Game concerning potential project impacts to burrowing owls and other raptors. P S O M A S Qualifications ,1.15 Jose Bohorquez Surveying Education BS, Materials Engineering, University of Lima 1979 San Jose State University Business School 19$4 San Jose State University Material Science 1992 Ground Penetration Radar Utilities Location 1999 Survey GSSI Institute Staking University, Certified Utility Locator 2004 Registration A- General Engineering Contractor -- CSLB 2003 Exhibit "D" Page 14 of 15 i R Mr. Bohorquez has more than 20 years of experience in the utilities designation and utility location (Potholing) field. Mr. Bohorquez has been involved with Bess Testlab, Inc. since 1985. Mr. Bohorquez purchased Bess Testlab, Inc. in March of 1995 and was appointed as President and CEO. Mr. Bohorquez is an expert in ground penetrating radar (GPR) for the designation of underground utilities. Mr. Bohorquez introduced Northern California to the GPR technology in 1998 with a GSSI GPR unit which was utilized to perforin "blind'' utilities search and to locate nonconductive utilities such as PVC & clay materials. Mr. Bohorquez has several years of experience working as Project Manager for a wide range of SUE projects that involved utilities designation and utility location (potholing). Mr. Bohorquez daily responsibilities include managing of a staff of Utility Coordinators, :four utility designating crews and two utility locating (potholing) crews. Mr. Bohorquez has participated in several public and private projects for Caltrans, EBMUD, various city Public Work Departments, airports and private engineering design firms. Project Experience On -Call Potholing Project - Caltrans District 4: Performed on -call potholing for Caltrans District 4. To date we have performed several task orders in a timely manner and also have submitted all requested potholing infoi7nation and supporting data. All tasks from Traffic management to potholing to final documentation have been performed by the proposed . team for the SF Airport project. Mr .Bohorquez is the appointed contact between the Caltrans District 4 Contract Manager and Bess'Iestlab. '1'o date, all task orders were processed and completed as requested. No delays on any of the task orders were clone. All paper work was submitted on time. On -Call Potholing Project- Caltrans Districts 1 and'6: Currently performing on-call potholing. To date we have performed several task orders in a timely manner and also have submitted all requested potholing information and supporting data. All tasks from traffic management to potholing to final documentation have been. performed by our team. Route 101 Highway Widening Project, Sonoma, CA: On -call potholing for widening of 6.4 miles of US 101 from Old Redwood Highway in Petaluma to Rohnert Park Expressway in Rohnert Park, Sonoma County. The proposed project would construct HOV lanes in each direction by widening in the Highway 101 median and would provide standard shoulders by widening the outside of the highway. The proposed project includes a series of interchange modifications to improve safety and ...... ...... ......................................................................................... operations .and.to..conform...to... the... mainline.. widening .._..... -.. .._. ..... - ..._.... .._....... P S O M A S Qualifications 1 1 6 k '? Exhibit "D" Page 15 of 15 Nathan J. Harris, PhD, PE Condition Evaluation Education Academic Credentials and Professional Honors PhD /2007 /Civil and Environmental Engineering, Cornell University MS /2004 /Civil and Environmental Engineering, Brigham Young University BS/2004 /Civil and Environmental Engineering, Brigham Young University Registration Professional Engineer/ CA/#C75356 Affiliations American Concrete Institute (member) American Society of Civil Engineers (associate member) Publications Ley MT, Harris NJ, Folliard KJ, 1 -lover KC. Investigation of air - entraining admixture dosage in fly ash concrete. ACI Mat J 2008, 105(5):494 -498, September! October Harris NJ, I-lover KC, Folliard KJ. Ley MT.The use of the foam index test to predict AEA dosage in concrete containing fly Ash: Part I— Evaluation of the state of practice & J ASTM Int 2008; 5(7), July Part 11- -- Development of a standard test method: apparatus and procedure Para III=- Development of a standard test method: proportions of Materials Railure Analysis Associates' Dr. Nathan Harris is a Senior Engineer in Exponent's Buildings and Structures practice, where lie specializes in concrete and other cementitious materials. He has experience investigating durability and performance issues related to concrete ingredients, concrete building components, concrete pavements, portland cement - based plaster (stucco), fire - damaged concrete, cementitious toppings, tile, asbestos - cement pipe, and concrete surface coatings. He has experience analyzing the physical and chemical properties of concrete's cementitious constituents particularly those properties that influence concrete durability. I-Ie also has experience investigating water intrusion and moisture accumulation in building components such as decks and roof assemblies. Dr. Harris' educational background includes coursework in engineering materials, mechanics of materials, design of steel, concrete and timber structures, and finite element analysis. His coursework also included minors in geotechnical engineering and engineering management. He has experience in the analysis of concrete and cementitious materials through the use of optical and scanning electron microscopes. I-le also has experience in the development and operation of finite element analysis pre- processing software. Prior- to .joining Exponent, Dr. Harris was a researcher at Cornell University where he studied the use of supplementary cementitious materials in Portland cement concrete. His research focused on the interactions between chemical admixtures and fresh concrete paste and their influences oil concrete air void systems and freezing and thawing durability. Another primary Bocus of Dr. Harris' research was on methods for testing and control of supplementary cementitious materials for use in. concrete. P S 0 M A S Qualifications 117