2011/08/23 City Council Resolution 2011-82RESOLUTION NO. 2011-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A DESIGN PROFESSIONAL SERVICES
AGREEMENT FOR THE ALTA AVENUE AND ALMOND STREET
SEWER AND WATER REHABILITATION PROJECT NO. 2011-07 WITH
COASTLAND CIVIL ENGINEERING, INC. FOR DESIGN ENGINEERING SERVICES
WHEREAS, on July 19, 2011, staff issued a Request For Proposals ( "RFP ") for the Alta
Avenue and Almond Street Sewer and Water Rehabilitation Project No. 2011 -07 ( "Project ") to
identify a qualified consultant that can assist the City with the design of the project (the
"Project ");
WHEREAS, the City received six proposals on August 12, 2011; and
WHEREAS, the City project team chose Coastland Civil Engineering, Inc. 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
Coastland Civil Engineering, Inc., a California corporation, and the City of Rohnert Park, a
municipal corporation, for design related services for the Alta Avenue and Almond Street Sewer
and Water Rehabilitation Project No. 2011 -07, for a not -to- exceed cost of $92,638.
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, as
approved by the City Attorriey, on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this date of August 23, 2011.
CITY OF ROHNERT PARK
AHANOTU: AYE CALLINAN: 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: ALTA AVENUE AND ALMOND STREET SEWER AND WATER
REHABILITATION PROJECT NO. 2011-07
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
COASTLAND CIVIL ENGINEERING, INC., ( "Design Professional "), a California corporation.
Recitals
WHEREAS, City desires to obtain design services in connection with Alta Avenue and
Almond Street Sewer and Water Rehabilitation Project No. 2011 -07 ( "Project "); and
WHEREAS, Design Professional hereby represents to the City that Design Professional
is skilled and able to provide such services described in Section 1 of this Agreement; and
WHEREAS, City desires to retain Design Professional pursuant to this Agreement to
provide the services described in Section 1 of this Agreement.
Agreement
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. Subject to such policy direction and approvals as the City 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 are to be completed
not later than February 1, 2012. Design Professional shall perform its services 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.
3. Compensation and Method of Payment.
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 Ninety -two Thousand Six Hundred Thirty -eight Dollars
-1-
Revised: 1 /10/11
($92,638.00). 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: 1/10/11
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.
S. 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.
8. Conflict of Interest.
-4
11266510 80078/0012 Revised: 1/10/1.1
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,
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
-5-
11266510 80078/0012 Revised: 1 ✓10/11
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.
14. Compliance with Laws.
F-2
1126651v3 80078/0012 Revised: 1 /10 /11
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.
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.
-7-
11266510 80078/0012 Revised: 1/10/11
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
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
go
11266510 80078/0012 Revised: 1/10/11
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.
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
In
11266510 80078/0012 Revised: 1/10/11
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: Heidi Utterback
Coastland Civil Engineering, Inc.
1400 Neotomas Avenue
Santa Rosa, CA 95405
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.
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
-10-
11266510 80078/0012 Revised: 1/10/11
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. § l 101, 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.
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.
-11-
11266510 80078/0012 Revised: 1 /10 /11
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-
1126651v3 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
I=
City Manager
Date:
Per Resolution No. 201 l - 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-
COASTLAND CIVIL ENGINEERING, INC.
By: _
Title:
Date:
COASTLAND CIVIL ENGINEERING, INC.
By: _
Title:
Date:
11266510 80078/0012 Revised: 1/10/11
EXHIBIT A
Scope of Work and Schedule of Performance
-14-
11266510 80078/0012 1 Revised: 1/10/11
Exhibit "A"
The following Work Plan is based on our assessment of project constraints. Coastland
understands that clear communication and managing time wisely are keys to getting the most
mileage out of available funds and our Work Plan has been prepared with that in mind.
TASK 1 — MEETINGS WITH CITY REPRESENTATIVES & BACKGROUND INFORMATION
Immediately after the Notice to Proceed is issued by the City, Coastland will schedule a kick -off
meeting with City staff to accomplish the following:
• Introduce key personnel and exchange contact information.
• Discuss project and segment- specific goals and objectives.
Refine the project schedule and discuss key milestones.
Identify other stakeholders.
A productive kick -off meeting will be essential in defining key roles and gaining an in -depth
understanding of project needs. The meeting will establish scheduling goals and coordination
efforts to ensure positive project progress. In effort to keep the City appraised of the project
progress, we propose to provide the City with a monthly design status reports. Updates to the
design schedule will be provided as required.
We will assemble all of the available City information pertaining to the project, including as -built
or improvement drawings, prior studies and modeling done for the sewer and water systems,
sewer videos and logs, soils reports for adjacent areas, City standards, and other pertinent
information. If possible, we would also like to obtain water service billing data so we can verify
service sizes. This data will assist us in evaluating the rehabilitation options.
Coastland will analyze existing conditions through a detailed site review, observing general site
conditions, taking digital photographs, noting surface improvements, utility appurtenances and
discussing potential remediation and replacement options. Our site review with City staff will
enable us to identify any unusual or special conditions that may affect the project design or
construction.
For roadways surfaces to be resurfaced, we will review the existing traffic index data, any
pavement section information from prior utility work and City pavement management program
data. See Task 3 below for further discussion on geotechnical and pavement evaluation tasks.
Included in this task will be one (1) project kick -off / pre- design meeting to discuss project goals
and coordination efforts and three (3) progress design review meetings.
Rohnert Park Alta / Almond Sewer & Water Rehabilitation PAGE 1
Revised August 17, 2011
TASK 2 — ENVIRONMENTAL DOCUMENTATION AND PERMITTING
It is assumed that this project will qualify for a Categorical Exemption. Coastland will assist the
City in confirming that additional environmental analysis and /or documentation are not
necessary.
We will confirm if any regulatory permits will be required for this project and associated
timeframes. We will check with Regional Water Quality Control Board and the Sonoma County
Department of Health Services, Environmental Health Division if any permits will be required. If
the City should be required to obtain regulatory permits for the project, we will provide a
separate scope and fee for this effort for the City's consideration. Early efforts with this task will
identify any key issues to allow sufficient time to resolve.
Based on our review of the project, we don't anticipate the need for easements or right -of -way
acquisition. All work should be within City right -of -way or easements.
TASK 3 — SURVEYING & GEOTECHNICAL INVESTIGATION
Our subconsultant, Cinquini and Passarino, Inc. (CPI) will conduct the topographic survey.. At a
minimum, the topographic survey will include all necessary work to produce a topographic map,
including features such as, but not limited to; building corners and elevations, curb lines, water
meters, sewer cleanouts, valves, manholes (including rim, invert and pipe information), utility
markings on the pavement, utility poles, driveway and locations, sidewalks, trees four (4) inches
and larger, retaining wall or decorative walls, and any other pertinent information that could
apply to the project during design.
CPI will collect and map existing subsurface utility data per ASCE Standard 38 -02 "Standard
Guideline for Collection and Depiction of Existing Subsurface Utility Data," Quality Level C.
Utility information will be collected and mapped based on the following sources:
Conventional field surveys of surface appurtenances of existing subsurface utilities,
including invert elevations of sanitary sewer, and storm drain structures;
"As- built" or record drawings provided by the City;
Conduit mapping supplied by the utility providers (if provided by the City or Coastland Civil
Engineering prior to final topographic drafting); and
n USA marking collected during field surveys.
Topographic survey coverage area will include Almond Street between Arlen Drive and
Southwest Boulevard, Alta Avenue between Almond Street and the end of Basin 5 and
Southwest Boulevard between Burton Avenue and Almond Street. The width of the survey will
be from back of sidewalk to back of sidewalk.
Our geotechnical subconsultant, RGH Geotechnical & Environmental Consultants (RGH) will
conduct a geotechnical investigation to determine soil characteristics, groundwater conditions,
recommendations for earthwork, excavation and backfill operations, dewatering considerations
and pavement design recommendations (R -value determination) for possible pavement
resurfacing. The scope will include:
r
Rohnert Park Alta / Almond Sewer & Water Rehabilitation F" PAGE 2
Revised August 17, 2011
Review selected published geologic data and the previous geotechnical work in the vicinity
of the site.
Drill 8 to 9 borings on the order of 10 to 15 feet deep using a truck - mounted auger rig.
Three to four borings will be drilled in Alta Avenue with three borings in Almond Street and
two in Southwest Boulevard. RGH will obtain an encroachment permit for drilling in the
streets. It is assumed the cost for the permit will be waived because the work is being done
for the City. Prior to drilling, the proposed boring locations will be marked and Underground
Service Alert will be contacted so that their member utilities can mark their services relative
to the borings. In addition, RGH will provide traffic control during drilling operations.
• Locate and log the borings and obtain bulk and relatively undisturbed samples for visual
examination, classification, and laboratory testing. The borings will not immediately be
backfilled so that groundwater can stabilize. The borings will be provided with a temporary
cover. Groundwater level measurements will be recorded after drilling is completed and the
borings will be backfilled with cement - bentonite grout.
• Selected samples representative of the material types encountered will be laboratory tested
to determine certain characteristics pertinent to the analysis. These may include moisture
content, dry density, shear strength, classification (Atterberg Limits and percent of silt and
clay) and R- value.
• Based on the geologic literature review and analysis of the field and laboratory work, the
following geotechnical information will be developed:
- A brief description of soil and groundwater conditions observed during the study;
- Specific conclusions and recommendations concerning:
Primary geotechnical engineering concerns and mitigating measures, as applicable;
Excavation Dewatering;
Trench wall instability; and
Preliminary pavement sections based upon experience with similar projects and soils,
engineering analysis and the results of R -value test(s) on the anticipated subgrade soils.
• Transmit preliminary design data as needed to facilitate the project schedule. Present the
results of the study in a written report including summaries of the field and laboratory work.
Provide limited, on -call consultation during design.
TASK 4 — SEWER VIDEO CAMERA INSPECTION
Our subconsultant, Roy's Sewer Service, Inc. will conduct a closed circuit TV (video) inspection
of the sewer segments in Almond Street as well as the Southwest Boulevard sewer from
Almond Street to Burton Avenue. This task will include cleaning and televising the 10 -inch and
6 -inch sewer mains. Roy's Sewer Service will provide:
TV Truck
Vactor Truck
Labor
Traffic Control as necessary
Bypass Pumping if necessary
DVDs
Still Photos of defect/problem locations and lateral locations
The City of Rohnert Park will be responsible for providing water for the Vactor Truck and a
disposal site for grit and debris removal.
Rohnert Park Alta / Almond Sewer & Water Rehabilitation x PAGE 3
r:•..
_ Revised August 17, 2011
TASK 5 — EVALUATION OF REHABILITATION OPTIONS
Once we have compiled all the available background data, including field review findings,
survey and video camera inspections, we will evaluate alternatives. Possible options will be
considered, including the following:
• Slip lining
• Replacement
Recommended repair methods will be identified for the water and sewer line in each of the
streets. Mapping will be prepared to illustrate the approximate limits of each of the repair
sections. A typical repair detail will be provided for each repair section.
Design alternatives will include an evaluation of the service life. A service life of 50 years for
water and 75 years for sewer will be the goal. Based upon our preliminary investigations of the
service life of PVC pipe, these life spans are feasible.
It is our understanding that modeling analysis is required. The City will have the analysis run by
their consultant who maintains the models for sewer and water. We will provide required input
to the City's modeling consultant.
Construction cost estimates will be prepared for each section. If more than one repair or
replacement alternative is found to be viable for a section, an estimate will be prepared for each
alternative. The alternatives and costs will be summarized in a technical memorandum.
After City review of the initial report, we will incorporate any review comments and provide the
final technical memorandum.
TASK 6 — COORDINATION WITH UTILITY COMPANIES & REGIONAL BOARD
We propose to coordinate with outside utility companies to verify the locations of all existing
facilities, both underground and overhead, are accurately identified during project design. This
task will include writing letters to PG &E, AT &T, Comcast and other agencies informing them of
the project and requesting their facility drawings. We will coordinate with.the City of Santa Rosa
regarding discharge of groundwater from construction dewatering operations to the Santa Rosa
Subregional Reclamation Facility and assist in obtaining a discharge permit.
Under this task we will prepare submittal packages to each of the utility companies so they can
verify the accuracy of their facilities and any need for relocation. We will also request data on
utility services, specifically depths.
We will also coordinate our efforts with the Regional Water Quality Control Board to find if the
area of work is within a contaminated zone. We will provide the City with the Board's findings.
If the Board finds that the site has a potential to be contaminated, we will review the results with
the City. If additional effort is found to be necessary to further investigate contamination, such
as borings and soil contamination testing, we would be happy to provide the City with a scope
and fee to provide such services for consideration.
Rohnert Park Alta / Almond Sewer. & Water Rehabilitation PANE 4
Revised August 17, 2011
TASK 7 — 60% SUBMITTAL
Following concurrence from the City on the design approach and the utility coordination efforts,
we will prepare a 60% submittal.
This submittal will include draft technical specifications, and a preliminary engineer's estimate of
probable construction costs. The specifications will include any special provisions for
dewatering operations and disposal of groundwater to the City of Santa Rosa treatment plant.
The drawings provided for this phase will show the existing pipes, proposed limits and type of
pipe replacement or rehabilitation, manhole repairs or replacement, lower lateral and service
line replacements, trench and pavement repair details, and anticipated extents of pavement
resurfacing, if required. We will provide three (3) sets of the preliminary plans, and two (2)
copies each of the draft technical specifications and preliminary estimate of probable
construction costs.
Our work will be in accordance with all applicable City of Rohnert Park Standards, Details and
Specifications and all applicable requirements. We will comply with the applicable portions of
the City's Exhibit E - "Design Consultant Requirements ".
TASK 8 — 90% SUBMITTAL
Following the City's review of the 60% submittal and the completion of the Design Review, we
will meet with the City to review the 60% design comments and initiate the 90% submittal
phase. The submittal will address all comments on the 60% submittal and will essentially be a
comprehensive design package.
The specifications will include the front end specification and technical specification sections.
We understand the City will provide the front -end specifications and contract/bidding
requirements. The 90% submittal will include three (3) sets of plans, including plan and profiles
for the sewer and water lines, pavement repair or resurfacing areas, details as required, two (2)
copies of the specifications and two (2) copies of the engineer's estimate of probable
construction cost.
The submittal will address all relevant items in the City's Exhibit E - "Design Consultant
Requirements ".
Coastland's Construction Management Department will perform a constructability review of the
contract documents. Through this review, we will help minimize claims and potential change
orders.
TASK 9 -- FINAL SUBMITTAL
Following the meeting for the review of the 90% submittal and completion of the Design Review,
Coastland will prepare the final bid documents, including signed and stamped mylar drawings
and camera ready, stamped and sealed technical specifications. An electronic copy of the
drawings and specifications will also be provided.
Rohnert Park Alta / Almond Sewer & Water Rehabilitation PAGE 5
" Revised August 17, 2011
TASK 10 — BID, CONTRACT AND CONSTRUCTION SUPPORT
Coastland will assist the City in advertising the project for construction bids. This will include:
Staff report - we will assist the City in preparing the staff report at least 45 days prior to bid
opening. (Exhibit E: 14)
Bidding Support - we will prepare a notice to bid and submit it 30 days prior to bid opening.
We will answer any questions that may arise during the bidding phase. We will make copies
of and distribution the bidding documents, plans and specifications. We will collect payment
for the plans and specifications to offset their cost. (Exhibit E: 15 & 16)
Pre -bid Meeting — we will organize and attend one pre -bid meeting to assist the City with
clarifications. (Exhibit E: 17)
Addenda - we will prepare and distribute any necessary addenda (up to 2) to planholders.
We will use the City's addenda form provided on the City's website. (Exhibit E: 18)
Bid Review — we will review the bids for conformance with all requirements and assess
responsiveness. We will determine the lowest responsive bidder, prepare a bid tabulation
based on the bids received and .prepare a staff report recommending award or rejection of
bids (Exhibit E: 21)
* Conform Sets and Electronic Files — addenda will be incorporated into conformed set of
plans and specifications. (Exhibit E: 19 & 20)
Submittals, RFI's — we will review and respond to RF1's and submittals. Responses will be
documented. (Exhibit E: 22, 23 & 24)
Record Drawings - we. will work closely with the Construction Management team to prepare
record drawings. (Exhibit E: 24)
Other work outlined in Exhibit E "Design Consultant Requirements ".
Exclusions:
The following work is not included in our proposal. However, Coastland would be pleased to
provide these services if the City desires:
• Meetings beyond those noted above.
• Potholing and associated survey efforts.
• Environmental efforts beyond those noted above.
• Video camera inspection of sewer lines beyond those noted above.
• Redesign based on unknown utility conflicts discovered during construction.
• Right -of -way determination or preparation of associated documents.
• Public participation efforts.
• Construction management & inspection.
• Soil and /or groundwater contamination investigation and testing.
Rohnert Park Alta / Almond Sewer & Water Rehabilitation il PALS 6
"�0.,..�.....„., Revised August 17, 2011
After considering our specific approach to this project, we have provided a proposed schedule
and will work closely with the City to meet your scheduling goals. The schedule below provides
a framework for completion of project tasks and reflects a realistic approach to completing this
project. If desired, this schedule can be modified with a corresponding change to the Work Plan.
Given our familiarity with similar projects and our current availability of staff, Coastland is
committed to allocating an appropriate level of.staff to accommodate the City's scheduling goals
of this project, allowing time for completion of design by February 1, 2012. This completion date
assumes a notice to proceed occurring in the first week of September, 2011.
Coastland will provide the City with monthly schedule updates.
Our proposed schedule accommodates a City review period of three weeks for the rehabilitation
evaluation and response to City comments, 60% and 90% submittals and one week for the final
submittal. If the City desires to expedite the above schedule, a shorter review period could be
proposed.
* The notice to proceed date is assumed.
Rohnert Park Alta / Almond Sewer & Water Rehabilitation PIGS 7
«z. Revised August 17, 2011
EXHIBIT B
Compensation
-15-
11266510 80078/0012
Revised: 10/08/10
Exhibit "B"
Pagel of 2
Based on the Work Plan detailed in our proposal, we have prepared a detailed budget that
identifies staffing rates, total cost per task, and direct expenses. We are proposing that the
design services associated with this project be completed for a not -to- exceed fee of $92,638
(see Work Estimate on following page). These amounts assume all of the work for this project
will fall under the Work Plan described in our revised proposal:
Please note that the above fee quotation should be considered a negotiable offer. If the City
wishes to modify the Work Plan, we would be happy to discuss such a change and how it would
affect the overall project cost. We can either discuss amendments to the existing Work Plan or
provide these services on a time and materials basis per our adopted schedule of hourly rates
and then modify the Work Estimate accordingly.
This cost proposal shall remain a firm offer for a period of ninety (90) days from the submission
deadline of the proposal.
: Rohnert Park Alta / Almond Sewer & Water Rehabilitation Y PAGE 8
Revised August 17, 2011
Exhibit 'B"
Paec 2 of 2
0' ® ® '
Rohnert Park Alta I Almond Sewer & Water Improvements
Task Information
Billing Classification :& Rate'
Hours & Gost
Principal
Supervising
Associate
CAD
Construct'
TOTAL
TOTAL
TASK
Engineer
I Engineer
Engineer
Desi ner
Manager
Admin
COMMENTS
$175
$145
1 $115
1 5100
1 $130
$72
HOURS
FEE
1 MEETINGS WITH CITY /BACKGROUND INFORMATION
Kick Off Meeting
3 3
6
S960
Design Progress Meetings (3)
9
9
18
$2 340
._ ._.. .. ... ............
Background information
... ...... _
2
12
8 .....
22.......
$2 470
Field Review and Photo Log
......... ........ -----. .........
5
1
6
$647
......... ..._........... _
Subtotal
..... _ ..........
.............. .
.......... .
52
56,417
2 ENVIRONMENTAL DOCUMENTATION & PERMITTING
Environmental Requirements
2
4
6
$750
,Confirm
...... ._. __. ...._
Permitting Requirements
...... ..... ........ _ .�,..__... ............ _
...... ...__..
1 2
.,... ....
...
2
..._........
..._ t ...._._
.. _._._.. _ ._._
4
............... .
5
_ ...
$695
... ..
............................ - ...
__ ....._........ ...
Project Checklist __
1
2
1
4
$447
Subtotal
j
15
$1,892
3 SURVEYING & GEOTECHNICAL
Survey
$9,459
Cinquini & Passarino
Geotechnical
$12,822
RGH
.
Coordinate with Consultants
I
��
4
........
6
—�
_.
6
.....
-- -
.........
-
.........
....... _.
16
........_. _.
...
$1,870
..._ ....
Subtotal
16
524,151
4 SEWER VIDEO CAMERA INSPECTION - OPTIONAL TASK
Survey
$3,410
Ray's Sewer Service
,Coordinate with Sewer Earn eraJReview Logs
._ ..........................................._......................................... ...............................
2
...................................................................................._................................_...._.................
6
8
$980
Subtotal
...............................
i
8
S4,390
5 EVALUATION OF REHABILITATION OPTION
......__
Review design options
....._.........._.__..._.....---..._ .............................................__.._ .._.._............._....._._._.
2
........__..__....
j 4
8 i
14
$7,850
-
System modeling r coordinate w /model consultant
.................._........_...
2
................ .._ ..... - ,.................._...._...
16
.---'- ...,........
- ..... ---....._.
..._.._.....___._
18
..... _....$1,8..._._..._.
$2,130
.._mw___.__._...,- __.__._.,_...
Develop recommendations
...... _..... ....__...... ..
Develop estimates
2 ._...
�.
4
......__
2
-
6 8
._..
4
.......
20
...._..._
6
$2.420
...... _ ............
$750
......... _.. ....
City review comments and final tech memorandum
2
8
_
10 4
24
$3,060
._
Subtotal
-
82
S10,210
6 COORDINATE WITH UTILITIES & REGIONAL BOARD
Utility Drawing Request & Verification
2 12
4
18
$2,076
Regional Board Investigation
1 i 3
i
4
$490
Subtotal
-
19
52,660
7 60% SUBMITTAL
..PreliminarySpecfications ................ .......... _ . .
. .............
2
10
$1,210
-
Preliminary Cost Estimate
- - . - - -- .... .. .............
2
.....8..
4
.:....... -
6 +
- --
_
12
51,350
................
- _.
Preliminary Plans
....................................................................................... . .................. _
2
............................ 1......................._........................................................_....
8
32
60 ;
...;.........................._
...........................
102
....................................._........._._................................_......................
$11,190
Subtotal
124
S13,750
...............................
8 90! SUBMITTAL
Specifications (incl. front end & submittals)
2
12
2
1
Estimate
1
2
6
...........
9
$975
............................... ...............................
Pions, Profiles 8 Details
.____.._.. _.._._._..- ..._._.._.�......_._ _.._...
2 6
..... .......................i�.__`._
24
40
......_......_..........
4
......._...._ .....
.............__.........__.
76
$8,500
Subtotal
._.__._..__ -_
_.- _......._
.._
101
$11,289
.�........_
9 FINAL SUBMITTAL
Final documents
_ ......... .................._........._._.._...... _...- ................._.._..._.
...._...._ 2.........._
4 16 20
44
$4,914
Subtotal
. ,,,__�.........................
.................2........_.
.. ................._............_
44
............_._................... ...............................
54,914
.....
10 BIDDING & CONSTRUCTION SUPPORT
Staff report
2
—
1
1
4
5477
Exhibit E: 14
Bidding Support
1
6
--
6
13
$1,267
Exhaat E: 15 & 16
Prebid Meeting and Addenda
1
4
8
4
2
19
$2,219
Exhibit E: 17 & 1a
ConformSets and Electronic Files
...
1
Bid Review
_ _....-..._..__ ..................................................... ...............................
1
....................-......
..........
4
...............................
............................
2
1............_... -.....
.............._... ._............................_
1
............. .
8
..... ...............................
51,057
.................. .... _...... ....I ......... ..................
Exhibit E: 21
Submittals, RFI's
_._.... .......__......_ ................._..._........................__... .........__...__......._......_
._......................
2
- -------- __.. ..... ..
-..................... .........._..................__
16
_........__.._...........
2
...- ........,_......_.
........__
2
._.............. _...........................
22
......................... .....
$2,474
........ .............................. _ ........ __- ........
Ezhibt E:22,23924
Record Drawings
1
8
16
1
26
$2,737
Exhibit E: 24
Subtotal
98
$10,878
Direct Costs (reproduction, mileage)
$2,187
Total Design Cost
is
as
246
196 4
20
558
$92,638
Rohnert Park Alta / Almond Sewer & Water Rehabilitation PAGE 9
Revised August 17, 2011
EXHIBIT C
Insurance Requirements to Agreement For Design Professional Services
Re: Alta Avenue and Almond Street Sewer and Water Rehabilitation
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 l (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-
11266510 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, 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
Ro
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 provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not intended by
any party or insured to be limiting or all- inclusive.
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-
11266510 80078/0012 Revised: 1 /10 /11
Exhibit "D"
Page 1 of
You can be confident knowing our team has the proven expertise to
successfully complete this project. Our project team is extremely
qualified and has extensive experience working throughout Sonoma
County to help local agencies and utility districts accomplish their goals.
Our team is flexible, dedicated to meeting the needs of the City and will
work closely with City staff to share our experience gained from similar
projects. All team members shown in the below diagram are qualified
and available to serve the City, and will be committed to providing
efficient services to the City. Coastland will not make adjustments to the
assigned personnel without prior approval from the City.
Each team member.: `.
has experience`
designing of .
inspecting similar
seater and sewer
improvement :..;
projects throughout..
Sonoma county
Co"ITY OF R0HNER.01I0:?AR.K
i
i
I
P1 :pi-A Manage)?
Da-sign Te ✓3a
Mark €)bergfell, PE
Allison Thomasson, PE
Cinquini & Passarino
Surveyinf,;
Heidi tltterbaek, PE
?? Y ,� 3rs of p -fie!"c a
r
J+ohn.'Wanger, PE
y_;? 3'.
'uht ;ans -ulila tit;
Roy's Sewer Service
Michael planet
Richard Engelke, Sr.
RGH Geotechnical
i? ?,rat ri<ts 1" Stine;
The following pages provide introductions to key team members and their recent relevant
experience. For additional and more specific information on the assigned personnel, full
resumes have been included in Appendix A.
Rohnert Park Alta / Almond Sewer & Water Rehabilitation PAGI a
S.S. Civil °.Engineering
,University oftCal�foinia, Davis
Civil Engineer CA ;53723
Clty of Santa Rosa
17:wale A.sewierimprovement
projects
City of.Calistoga
Kimball /Myrti.edale /Grant Water.
Main
2007,Pavemeni & Utility oroiect
B.S., Civil Engineering
Cal Poly SU, San Luis Obispo .
Civil Engineer, CA 74937
City of Santa Rosa:
11 Water &.S.ewer. Improvements
.Sweetwater Springs CSD
CIP 2012 Utility Projects
Lower Lake water.District .
Misc District Engineering
B.S., Civil.Engineering
California Polytechnic University:
Civil Engineer,: CA .:
Afl
Served. as Contract City Engineer
for Arnerican Canyon,
Cloverdale, Clearlal<e, lone,
Piedmont, Sebastopol & Willows
Exhibit "D"
Pa 2of5
Ms. Heidi Nerback, PE — Project Manager
Heidi Utterback over 22 years of engineering design experience.
Her experience includes design of water and sewer facilities,
roadway improvements, bicycle and pedestrian facilities. She has
managed numerous projects requiring close coordination with
Caltrans, RWQCB, Corps of Engineers and Kish and Game to
obtain necessary approvals.
Ms. Utterback has also designed conceptual alignment
alternatives, prepared cost estimates, coordinated right -of -way,
obtained permits and approvals, analyzed circulation and
infrastructure conditions, and developed implementation strategies
and design guidelines.
Ms. Utterback will be the Project Manager and day -to -day point -of-
contact for the City. She will coordinate with our support staff in the
most efficient way possible to ensure timely completion of the
project tasks.
Ms. Allison Thomasson, PE — Project Design
Ms. Allison Thomasson specializes in capital improvement project
planning and design. She has designed a wide variety of projects
including water, sewer, storm drain and transportation projects.
Her experience includes District Engineering for small utility
districts including preparation of preliminary USDA applications.
Additionally, she has designed several water and sewer pipeline
improvements for the City of Santa Rosa.
She is also familiar with preparing report documents, including
project study reports, general plans, specific plans, watershed
sanitary surveys and drinking water source assessments.
Ms. Thomasson's recent experience includes the design of the
Laguna Treatment Plant Trunk Sewer Interconnect for the City of
Santa Rosa, a 66 -inch trunk sewer that intercepts wastewater from
the cities of Cotati and Rohnert Park and the Robles sewer and
transmits it to the primary treatment structure at the Plant.
Mr. John Wanger, PE — QA/QC
Mr. Wanger, principal at Coastland, has over 29 years of
experience serving the public sector. He has managed and
overseen implementation of an array of capital projects including
transportation, parks, drainage, sewer, water and flood control
facilities, as well as public finance. As contract City Engineer for
several cities, he has been involved in virtually all facets of these
public agencies' water and sewer systems, providing unique insight
to the City's project. He has an in -depth understanding of
environmental and regulatory issues and has good working
relationships with local agencies including Regional Water Quality
Control Boards and State Dept. of Health Services.
Mr. Wanger will provide oversight to ensure adequate resources are
allocated to this project to accomplish scheduling and budgeting
goals. He will regularly monitor progress and review all work before
it is submitted to the City.
�,'� ♦� Rohnert Park Alta / Almond sewer & Water Rehabilitation PAGE 6
i
M.S., Civil
Engineering
UC Berkeley, CA
B.S., Civil
Engineering
Purdue University
West Lafayette, IN
Civil Engineer, CA 36977
City of Santa Rosa
1_TP Trunk Sewer Interconnect
Spring Creek Drive Water & Sewer
City of lone
Preston Ave Sewer Rehabilitation
City of Santa
RRosa
20+ pipeline
improvements
Sweetwater
:..:.. <. '...: Spr'sngs CSD
CIP 2012 Utility
I : - Projects
City of American Canyon
Reclaimed Water Storage Tank
•Tarnalpais CSD
2007 Water & Sewer Improvements
City of Santa
Rosa
Steele Lane
waler & Sewer
Sisliop Water &
Sewer
City of American Canyon
Reclaimed Water Storage Tank
Town of Yountvi Ile
Water Services Improvement Project
Sonoma County Water Agency
Cotati ;sills Water Tank & Piping
Exhibit "D"
l RR %8rgfell, PE -- Project Design
Mr. Mark Obergfell, Senior Engineer with Coastland, has over
29 years of experience in the design and construction of
transportation, drainage, public buildings, water and
wastewater facilities. His responsibilities have comprised
planning, permitting, design, project management, value
engineering and construction management for a broad range
of projects. He has also prepared many feasibility studies,
site and drainage master plans as well as hydrology reports
for public agencies.
Mr. Obergfell's recent experience includes the design the
Preston Avenue Sewer Rehabilitation project in lone and the
Laguna Treatment Plant Trunk Sewer Interconnect for the
City of Santa Rosa.
Mr. Mike Janet — Construction Manager
Mr. Michael Janet, Construction Department Manager with
Coastland, has over 13 years of construction experience on
capital improvement projects. Mr. Janet has strong skills in
managing diverse projects and coordinating with all project
stakeholders. He has managed the construction on more
than 35 utility improvement projects for public agencies.
These projects have involved close coordination with
Caitrans, school districts, impacted residents and businesses.
He has recently managed the construction of many water and
sewer rehabiitiation project for the City of Santa Rosa.
Mr. Richard Engelke — Construction Inspector
Mr. Richard Engelke has 38 years of experience in the
construction industry. He is thoroughly experienced in
contract administration and inspection and has monitored
construction of a wide variety of infrastructure improvement
projects, including roadways, highways, water and
wastewater projects, storm damage repair, parks and various
structures. His recent experience includes inspection of large
water and wastewater system improvements, including water
storage tanks, wastewater treatment plans, and large pipeline
projects.
Rohnert.Park Alta / Almond Sewer & Water Rehabilitation PAGE 7
Exhibit "D"
j?age 4 of 5
Availability: Heidi Utterback (proposed Project Manager) is in the By providing reliable
position to commit the necessary time to manage the City's project & accessible
beginning early September.
personnel, we can J
ensure. timely
Coastland places a high priority on ensuring we do not over - commit completion of tasks,
individuals, nor leave any need unmet. This will ensure timely
completion of program tasks and responsiveness to City inquiries.
We will not replace a team member without prior approval from the City of Rohnert Park.
Accessibility: Coastland staff can meet regularly with City staff and are accessible during
normal business hours. We will be accessible via phone, email and fax. Our project manager
and design engineers will also be available 24/7 by cell phone. For the City's convenience, all
services can be accessed by contacting one primary contact: Heidi Utterback. The City can be
assured a prompt response to their inquiries.
Rohnert Park Alta / Almond Sewer & Water Rehabilitation PAGE £;
Exhibit "D"
Page 5 of 5
bubconsultanTs
Cinquini and Passarino
Assisting Coastland with all surveying aspects of this project will be the firm of Cinquini &
Passarino (CPI). Coastland and Cinquini & Passarino have worked together on more than 50
more projects throughout the North Bay. Coastland and Cinquini & Passarino's pre - established
working relationship will provide the City with continuity to make this project a success. Cinquini
& Passarino will work closely through Coastland's project manager to accomplish the field
surveys for this project.
For more than 50 years, CPI has successfully performed land surveying services to meet their
clients' needs by working with their clients' staff as an extension of their office. They provide
public and private clients with accurate and trustworthy topographic surveys, boundary surveys,
global positioning system (GPS) surveys and construction surveys. Their focus and
demonstrated commitment to land surveying has enabled them to become one of the top land
survey consultants servicing the North Bay. Tony Cinquini can be reached at (707) 542 -6268. -
RGH Geotechnical
Assisting Coastland with materials testing for this project will be the firm of RGH Geotechnical
Consultants.
RGH Consultants was founded in 1991 as a full service firm with expertise in geotechnical
engineering, engineering geology, and construction observation and testing. RGH has grown to
become one of the largest locally owned geotechnical engineering firms in the northern Bay
Area. RGH is headquartered in Santa Rosa, California. Their staff of professional engineers and
geologists, field engineers and engineering technicians collectively have decades of experience
in geotechnical engineering, engineering geology, construction observation, and materials
testing in northern California. In addition to their experience in northern California, their staff has
performed engineering and geological services on projects throughout the United States and in
other countries and territories.
RGH has completed nearly 100 projects in Sonoma County. They can be reached at (707) 544-
1072.
Roy's Sewer Service, Inc
Assisting Coastland with sewer video camera inspections will be Roy's Sewer Service of
Novato. Their company was established in 1968 and continues to serve many clients
throughout the North Bay. Recent projects include:
Rohnert Park Eastside Trunk Sewer
Napa Sanitation District Lower Alphabet Streets Sewer Improvement
A Modesto Emerald Trunk Line Rehabilitation
Woodland Trunk Sewer Project
City of Santa Clara Walsh Avenue Sanitary Sewer and Recycled Water Improvement
Sanitary District No. 5 of Marin County Sanitary Sewer Investigation & GIS Program
Their staff hold NASSCO /PACP Certification and Confine Space Entry Program Certification.
Kevin Lee Berry can be reached at (707) 795 -0959.
Rohnert Park Alta /Almond Sewer &Water Rehabilitation ' <1G