2012/07/24 City Council Resolution 2012-89RESOLUTION NO. 2012- 89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A DESIGN PROFESSIONAL SERVICES
AGREEMENT FOR THE INTERCEPTOR OUTFALL SCWA SPOOL LINING
PROJECT NO. 2011-04 WITH THE COVELLO GROUP
WHEREAS, on April 27, 2012, staff issued a Request For Proposals ( "RFP ") for the
Interceptor Outfall SCWA Spool Lining Project No. 2011 -04 ( "Project ") to identify a qualified
consultant that can assist the City with the design, value engineering, and construction
management and inspection services of the Project.
WHEREAS, the City received three proposals on May 31, 2012;
WHEREAS, the City project team chose The Covello Group for an award of contract for
construction management and inspection services due to their (1) quality of team and ability to
staff the Project, (2) experience and expertise in this particular type of work, and (3)
understanding of the Project as demonstrated in the selection process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between The Covello Group,
a California Corporation, and the City of Rohnert Park, a municipal corporation, for Construction
Management and Inspection Services for the Interceptor Outfall SCWA Spool Lining Project
No. 2011 -04, for a not -to- exceed cost of $99,040.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert
Park, including execution, if necessary, in substantially similar form to the agreement attached
hereto as Exhibit "A," subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this date of July 24, 2012.
CITY OF ROHNERT PARK
Maynr
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Exhibit A
City of Rohnert Park
130 Avrarn Ave.
Rohnert Park, CA 94928
DESIGN PROFESSIONAL SERVICES AGREEMENT
RE: INTERCEPTOR OUTFALL SCWA SPOOL LINING PROJECT NO. 2011 -04
THIS AGREEMENT is entered into as of the day of , 2012, by and
between the CITY OF ROHNERT PARK ( "City "), a California municipal corporation, and The
Covello Group, ( "Design Professional "), a California corporation.
Recitals
WHEREAS, City desires to obtain Construction Management and Inspection services in
connection with Interceptor Outfall SCWA Spool Lining Project No. 2011 -04 ; and
WHEREAS, Design Professional hereby represents to the City that Design Professional
is skilled and able to provide such services described in Section I 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 November 30, 2013. Design Professional shall perforin 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 -nine Thousand Forty Dollars ($99,040). 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.
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B. Timing of Payment.
(1) Design Professional shall submit itemized monthly invoices for
work perfonned. 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 perfonned 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
Professional's standard hourly rates, if requested by City and not part of the litigation brought by
City against Design Professional.
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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.
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.
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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 perfonned 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.
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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 perfonnance 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.
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11. Indemnity.
A. To the fullest extent permitted by law (including, without limitation,
California Civil Code Sections 2782 and 2782.8), Design Professional shall defend (with legal
counsel reasonably acceptable to 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
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 willfiil 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 lndemnitee. 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
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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.
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 tenn of this agreement. Except as otherwise allowed by City in its sole discretion, Design
Professional and all subconsultants shall have acquired, at their expense, a business license from
City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code prior to City's .
issuance of an authorization to proceed with the Services. Such license(s) must be kept valid
throughout 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 perfonned 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
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latest prevailing wage rates to workers and professionals as detennined 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 detennination 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.
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 perfonnance 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.
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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 tennination, 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 tennination 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
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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 parry shall be in
writing and either served personally or sent by prepaid, first class snail. 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 Manager
City of Rohnert Park -City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Design Professional: Gary Skrel, President
The Covello Group
1660 Olympic Blvd., Ste 300
Walnut Creek, CA 94596
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.
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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 OppoKtq ity. 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 affirinative 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 perfonnance 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
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11266510 80078/0012 Revised: 1/10/11
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.
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
E. Exhibit E: Design Consultant Requirements
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.
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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
By:
Gabriel A. Gonzalez, City Manager
Date:
Per Resolution No. 2012- adopted by the Rohnert
Park City Council at its meeting of July 24, 2012 .
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Cleric
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11266510 80078/0012
THE COVELLO GROUP
By:
Title:
Date:
THE COVELLO GROUP
By:
Title:
Date:
Revised: 1/10/11
EXHIBIT A
Scope of Work and Schedule of Performance
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11266510 80078/0012 Revised: 1/10/11
Attachment "A"
Aft
I Work Plan & Project Schedule
OLIrwork plan and project schedule is based on assumptions related to the "Work Schedule" presented in
El,,ic RFP These assumptions are as follows-
Y%s requested in the RR we separated our Work Plan into three phases; 1) Pre-Construction; 2) Construc-
tion; and 3) Post-Construction, The RFP lists 27 specific "scope" items that the City expects the CM to
address ;anti manage. 4Xle will perform all of these listed iterns, however, our Work Plan does not cnumer-
atc all of (Jim 'scope" tasks; instead we are presenting our overall approach to construction management.
We also discuss certain risks- li=d in the RFP to highlight our proven and successful approach. (We have
also included a sample scope of work used. on previous projects in Appendix B)
PRE-CONSTRUCTION
confol'unic'eltion
Prior to the start of construction
,, it is imperative to set the stage for excellent con MUniCatiOn anti � a
good working relationship with all parties. As a standard approach to all projects, Covello looks to form
a cohesive construction ream before any field work begins. This can be accomplished at a "partnering
Attachment "A"
Page 2 of 4
Constrrwtnhiliiy Review
Due to the complexides of the Project (e.g. the proximity
to the SCHWA trarimission main, the possibility of a sensi-
tive habirat location and the poor condition of the existing
pipe), we recomiricad having our team perforna a conscruc-
tability review to compliment the Design Review and Value
Engineering (WUVE) -,Activities. We understand the value
of the DRIVE, however. we also believe that constructa.-
bility review has valuable components that differ from the
DR/ VE because it is performed from a bidding and con-
struction perspective. We have found that providing this
review and evaluation of the plans and specifications gives
clarity to contractors during the bidding stage, produces ac-,
curate bids and reduces change orders during construction.
Pre-Cmistrurtion Meeting
Covello will schedule, facilitate and provide documenta-
tion. of the Pre-Construction meeting. At this mectin& we
will require the contractor to provide a suminm schedule
of the work so all parties will have the opportunity to evaluate their approach and discuss concerns up
front. 11iis, provides the City with an understanding of how the COMI'aCrOr is approaching the work and
allows frank discussion about possible impacts in the a-tea.. We will also include other interested. and af-
Stwiditrdized Processes
fected entities (e.g. SCWA) in order to have a record of
the contact persons from each organization and to make
the contractor aware of the specific conditions of each of
these entities.
A-e-Constrartian Dorianentation
Prior to the start of construction, vm will video and
photograph the pre-construction conditions of the entire
work area, Additionally; Covello routinely examines the
haul routes and. non-haul routes near the construction
zone. It is important to document the existing condi-
tions because contractors and their subcontractors do
not always follow the established haul routes and can
cause damage that, if not documented, could be left
unrepaired.
Covello uses Procore, a web-based document- management system, on all of our projects. `ffiis system
allows all team members to access relevant pet oj
m information via the Internet. W6rking in "the cloud'
facilitates many aspects of the project, and specifically the- submittal process during, pte-constructlion.
When the contractor begins providing submittals for review, proper management and timely proct-,Ang
contractor
Attachment "A"
Page 3 of 4
is essential. Covello's system allows the contractor
to enter and upload submittal information, Covello
staff to confirm the information is consistent with the
specification requiremencs and the designer to rclviov
and comment electronically. In order to streamline the
submittal process, we communicate with the contrac-
tor the importance of complete Submittal informa-
rion. Also, we review and evaluate the effcct of the,
comments f
designer' s comn or clarity and accuracy. From
that evaluation, we are able to resolve misunderstand-
ings and establish an efficient method for submittal
approval moving forward. The City will have accts
to all documents during this entire process, keeping all
participants qwarc of all events in "real time". Ad.-
ditionally, hard copy files of all project documents arc
a
maint. ined.
CONSTRUCTION
Schieduling
In order to effectively manage construction, a sound baseline
Schedule is requim-d. Our team understands the importance of
an accurate Baseline Schedule. The Baseline Schedule is impor-
t-ant for multiple reasons related to planning rbe work, analyzing
delays and communicating upcoming construction activities. 'We
will perform a detailed review and pro r de recommendations to
the City on the acceptance of the contractor's Baseline Schedule.
W73
, rv-
Attachment "A"
Page 3 of 4
is essential. Covello's system allows the contractor
to enter and upload submittal information, Covello
staff to confirm the information is consistent with the
specification requiremencs and the designer to rclviov
and comment electronically. In order to streamline the
submittal process, we communicate with the contrac-
tor the importance of complete Submittal informa-
rion. Also, we review and evaluate the effcct of the,
comments f
designer' s comn or clarity and accuracy. From
that evaluation, we are able to resolve misunderstand-
ings and establish an efficient method for submittal
approval moving forward. The City will have accts
to all documents during this entire process, keeping all
participants qwarc of all events in "real time". Ad.-
ditionally, hard copy files of all project documents arc
a
maint. ined.
CONSTRUCTION
Schieduling
In order to effectively manage construction, a sound baseline
Schedule is requim-d. Our team understands the importance of
an accurate Baseline Schedule. The Baseline Schedule is impor-
t-ant for multiple reasons related to planning rbe work, analyzing
delays and communicating upcoming construction activities. 'We
will perform a detailed review and pro r de recommendations to
the City on the acceptance of the contractor's Baseline Schedule.
Attachment "A"
Page 4 of 4
Once the Baseline Schedule is accepted and construction is proceeding, we will review the monthly up-
dates with the same degree of completeness. 11m schedules are SOMC of the most critical administrative
tools that will be used throughout the Project. Additionally we conduct a weekly construction meeting to
review progress-to-darc and phin upcoming work activities,
Change orders are a reality on all construction projects. An important focus is to promptly and fairly
resolve all changes, Nvhilc eliminating surprises to the City, We manage every change with the goal of
resolving issues early in order to miniinize the potential for claims at the end of the project. Our processes
have proven successful and will bring a satisfaction to all entities.
POST CONSTRUCTION
Wevv, it] diligently communicate the expectations and status of remaining activities in order to timely
achieve Substantial and Final Completion.
Following these steps above, our experience has shown that we have helped reduce the overall final com-
pletion time significantly.
Once the punch list is confirmed complete, we work with the City to issue the Notice of Completion and
assist with the formal filing of the notice with the County, During this tinge our staff is also working 16
organize the hard copies of the project documents into properly Labeled boxes and to produce an electron-
ic copy of these same files for the City. A final organized set of documents with indexes will be provided.
to the City for their m-ords. Additionally, we will have provided the designer with a copy of our Record
Document set of drawings and those of Elie contractor for the designer to produce a final set ofAs-Built
drawings for the City.
The Covello Group has established and refined our processes to be as efficient as possible using teclinol-
ogy and past experience to guide us. 'this, experience, coupled with our approach, will provide the City of
Rohn= Park with exemplar construction manage ment services.
EXHIBIT B
Compensation
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1126651 v3 80078/0012
Revised: 10/08/10
Attachment "B"
4. Fee Information
`This Section presents our preliminary fee prop-)sal for the Construction Management (CM) activities. The
preliminary fee proposal should be considered a forecast of potential costs and are stibject torefinemolt
after discussions with the City. Our level of effort and budget for CM activities will be more accurately
developed once the design has evolved to a point when materials, re6niques and consrniction packagcs
and durations are better defined.
As previously presented in the proposal, our CM team will likely include our Principal, Construction
Manager/Resident Engineer (CMIRE), Office Engincer/Field Esigin - tive � s-
cer (OE/FE) and Adin inistra k
sistanE (AA). Our local presence in the North Bay allows for flexible staffing to accommod ice the Project
requirements.
We have based our estimate on pre-construction and post-construction durations of four (4) weeks cacti.
We have assumed a construction duration of 12 weeks for estimate purposes. At this time, the estirnatcd
level of effort for each construction package is as follows:
Our standard FY 11-12 billing rates are listed in the following table:
Billing rates are typically adjusted July 1 of each year to coincide with public agency budget Cycles.
Our races. include all normal operating and administrative expenses. Extraordinary one-rime costs, such
as airfare , lodging or major equipment and shipping charges are iJ1V0JCCd. at COM On pipeline projects we
invoice for company-owned vehicles. All expenses are invoiced at cost, with no additional mark-up. Sub-
consultants are invoiced at cost plus 5% mark-up.
Attachment "B"
Paee 2 of 2
Based on the anticipated personnel described previously in the proposal., our fee pfoposal for each bid
package is summarized as follows:
CMIRE
8 hours
$1.851houf
$185/hour
$1,480
FEII
24 hours
$62,400
$1301hour
$3,120
AA
24 hours
$85/hour
$2,040
�ubccxnSultint - 1\4ate'rhk Testing
$%000
subt,6w Pre-construction
$.6,640
Hourly fees .for any additional services, including public meetings not identified in the Request for PrO-
posal will be consistent with the :Fee presented above.
481. hours ,
$1.851houf
$9,880
l III
480 hours
$130/hour
$62,400
AA
i3 hours
:85lhqur,
$4,080,
$751360
�ubccxnSultint - 1\4ate'rhk Testing
$%000
$84360
Hourly fees .for any additional services, including public meetings not identified in the Request for PrO-
posal will be consistent with the :Fee presented above.
EXHIBIT C
Insurance Requirements to Agreement For Design Professional Services
Re: Interceptor Outfall SCWA Spool Lining, Project No. 2011 -04
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 forin 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
omissions of the Design Professional and "Covered Professional Services" as designated in the
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1126651 v3 80078/0012 Revised: 1/10/11
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
delivered as required, or in the event such insurance is canceled at any time and no replacernent
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
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11266510 80078/0012 Revised: 1/10/11
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
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
5 N
11266510 80078/0012 Revised: 1/10/11
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 parry 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.
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11266510 80078/0012 Revised: 1 /10 /11
EXHIBIT D
Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional
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11266510 80078/0012 Revised: 1/10/11
Mr. Slue] has worked in the engineering inecring profession construction ith an emphasis in construction
since 1979. He is President of the firm and one of the firm's founders, He has experience
in ctinstrucrion management, program managernent, project management and design
of public facilities on projects including pump srations, pipelines, wastewater arid water
treatment plants, road and interstate highway improvements, power generation facilities
and fail transit systerns ror various municipal -.agencies. He is currently acouncil member
for the City of Walnut Creek and on the Board of Directors of Central Contra Costa
Solid NX2hsre Authority.
EXPERIENCE:
CAPITAL IMPROVEMENT PROGRAM
SOQUEL CREEK WATER DISTRICT
Mr. Skurl is the Principal In Charge for Soquel Crtck eater District's $29 rni Ilion 2010.
2012 Capital linprovemcnr Program, Covd,10's role initially was to develop the Program
Master Schedule and Cash Flow Projections.. As projects are ready, we are assisting the
District by providing progm m management services during pre-design, design and
the bidding process. We are also providing construction management and inspection
services.
Capital Improvements Master Plan Priority 2
Phase i and Streetsrape Trunk Sewer Projects
CASTRO VALLEY SANITARY DISTRICT
Mr. Skrel is the PrincipalIn Charge for these multiple projects, which consists of
installing approximately 11,100 lineal feet of 8-inch to 27-inch diameter pipeline, The
Phase I project is combination of three separate projects identified in the Master
Plan. Ilicse projects are being constructed in burst/ commercial and residential areas,
The Streetsc ape trunk sewer segment is replacing the existing sewer in a major aertial
roadway in Castro %lalley.
Wastewater Treatment Plant Upgrades & Expansion
CITYOFHUGHSON
Mr. Skrel is the Principal In Charge on this $15.4 million project project, which
consists of constructing a new 1.9 million gallon a day wastewater treatment plant. 'The
facilities include h6dworks, a ham krc�6 facility, an 6'xidation ditch, secondary d4ifiers,
solids handling facilities, two new percolation ponds and rehabilitation of three existing
ponds, return activated sludge (RAS) pumping facilities, miscellaneous piping, grading
and paving, a new well and hydropneumatic tank, instrumentation and controls and a
new operations building. The new facility is being constructed adjacent to an existing
plant that will be decommissioned after completion of the new facility-
Recycled Water Treatment Plant
CITY OF WATSONVILLE
Aft. Skrel was the Principal In Charge on the City's, $24.5 million. project which
cOnstructed a facility to produce a new recycled water supply of 4,000 acre-feet per year,
that combints 7,000 acre -feet per year of blended recycled, surface and groundwater
Board of Directors
(2007- Present)
City Council
Member, Walnut Creek,
CA (2000-present)
Attachi-nent "D"
Page 2 of 8
includes advanced sedimentation, filtration and 'ETV
disinfection, A new 21 kV service droplsWitchgear and
paver distribution system were also constructed.
Shoreway Environmental Center Phase 11 Solid Waste
Transfer Station
SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY
.Mr. Skrelwas the Principal In Charge for this $20 million
solid waste and recycling facility. This project constructed a
72,000 square foot pre-engineered -metal building Material
Recovery Facility and an 8,000 square Riot two-story
Education Center and Office. This project also constructed
a Transfer Station addition, which is an 18,000 square
foot pre-engineered metal building. Also, a two- story
mainteriancearea/clectrical room was constructed within
the existing transfer station. All work was performed in an
operating facility. This project included the demolition and.
removal of an existing structure, foundation system and site
work, foundation piles, site utility work, mechanical, fire
supression and electrical systems; truck dock and ra mp, new
commodity scale, seismic separation, landscaping, striping
and signage.
Ultraviolet Disinfection
CITY OF PALO ALTO
Mr. Skrel was the Principal In Charge for Palo .Altos %.6
million new UV disinkrion facility, Work included
driving of concrete support pi ilefoundation,construction
of a concrete and steel reinforced structure atop the piles,
installation of 84-inch diametcrpipe, construction of a new
concrete diversion structure, installation of 480V electrical
power system for all new equipment and new mechanical
equipment including sluice gates, punips and various sized
gate valves.
Pump Station & Reservoir 4A
DUBLIN SAN RAMON SERVICE$ DISTRICT
Mr. Skeet was the Principal In Charge for this $2.2 million
project which included a new 800 gpm pump station with
three vertical pumps and a new 0.74 million piton welded
steel reservoir, as well as site work, iniedoudet piping and all
necessary appurtenant facilities.
Various Projects
ZONE 7 WATER AGENCY
Cov,dlo has been providing construction management
services to the.Agency on a series of projects since 2000.
Mr. Skrel has been the main point of contact, providing
oversight and partnering facilitation. Projects include-.
Wellfield Deniincrali7.ition, Wallfield Ammomation,
Mocho -Wells No. 3 and 42nd Pump Stations, Del Valle
WmerTreatment Planr Booster Pump Station, Del Valle
Water Treatment Plant Solids Handling Project, HVAC
linprovements Phase I and II Projects, Dissolved Air
Floaration Project and Chain of Likes 'Well Facilities and
Pipeline.
Lower Northwest Interceptor Program -
West Sacramento Force Main
SACRAMENTO REGIONAL COUNTY SANITATION DISTRICT
Mr Skrel was the Principal In Charge and participated in
the constructability review for the District's $62.5 million
West Sacramento Force. Main Project. `The Project included
the installation of 32,000 lineal feet of b0 -inch diani.eter
for-cc -main via open cut method and 8,00.0 lineal feet
via tunneling. Several storm drain pipes ranging in size
from 24-inch to 78-inch replaced open channels in the
City of Veest Sacramento. Tunnel methods included
microttinneling and horizontal direction drill (HDD)
rnerhods. The pipeline traversed busy thoroughfares,
residential neighborhoods, a local high school and local
business districts.
LAVWMA Export Pipeline Program
LWERM ORE AMADOR VALLEYWATER MANAGEMENT AGENCY
Mr. Skrelwis the Principal In Charge for the entire Export
Pipeline Program, which included three separate pipeline
construction contracts to convey wastewater effluent from
Pic_,nanron, CA to the San Francisco Bay. Quart 1�11eyl
LervellingSegment- -fliis $33 million segment installed ap-
proximately 41,000 lineal feet of 36-inch diameter pipeline.
The project also included demolishing and reconstructing
an existing Emergency DechloTination Facility. The final
phase of construction included the abandonment of ap-
proximlicely 40,000 lineal feet of the existing.pipeline in
place by pumping the empty pipe "I of"cemen't groim
Dublin Canyon For remain Segment- Ibis $23.4 million
stretch installed eight miles of 36-inch diameter forcerriain.
While primarily an open cut project, the installation dill
include four microturincling segiritnts, two of which vvere
interstate freeway crossings.
Western Terminus- $1.1 million projimtoompleres the final
segment of pipeline. The pipeline alignment is primarily
in tidal marshes along the San Francisco Bay and is being
installed by horizontal directional drilling. The project also
includes connection to the outFJI pipingsystem.
Attachment "D"
Mike Jaeger, P.E.
Construction Manager
Mr. Jager has worked in the engineering profession with. an emphasis in construction
since 1 985. , He is a Vice president of the firm. He has experience in engineering and
construction management on pipeline, water recycling plants, wastewater plants and
building facility remodel construction projects. He lias worked for public agencies and
as a professional consultant, participated in design review, pro vided biddability and
con's(Rictability reviovsand project parinering Facilitation,
EXPrRIENCE:
Napa State Hospital Recycled Water Pipeline Project
NAPA SANITATION DISTRICT
Mr. Jaeger is the Construction Manager for this $3A million project, which is constructing
a recycled. water pipeline through Napa Valley College and the Napa State Hospital. '14he
work includes approximately 5,800 feet of 24-inch diameter recycled waterniain by open-
cut method, approximately 260 feet or24-inch diameter recycled water main by bore
mid jack, approximately 5,000 feet of 2-inch diameter conduit, combination air/N-acuurn
valves, blowoffs, cathodic protection systems and test stations, traffic control and turnouts
with merers. Ilie project is partially funded by the American Recovery and Reinvestment
Act of 2009, There are several project constraints that the construction management team.
is Billigating, including traffic into both Napa V21ley College and Napa State Hospital,
construction under the heavily traveled Highway 121 and the protection of the nesting
bird habitat as well as spatial- status and heritage trees. In addition, the existing pipelines
must maintain continuous operation and export pumping from the District's treatment
Plant,
Capital Improvements Master Plan Priority 2
Phase I and Streetscape Trunk Sewer Projects
CASTRO VALLEY SANITARY DISTRICT
Mr. Jaeger is the Construction Manager for thew multiple projects, which consist of
installing approximately 11,100 lineal feet of 8 -inch to 27-inch diameter pipeline. The
Phase 1 project is a combination of threeseparate projects identified in the Master Plan.
Thm projects are being constructed in busy commercial and residcritial areas. The
Streetscape trunk sewer segment is replacing the existing sewer in am4jor aertial roadway
in Castro Valley.
Ultraviolet Disinfection
City of Palo Alto
Aft. Jaeger is the Constr ucdon. Manager far to Altds $6.6 million new UV disinfection
facilitty. A portion of an existing building will become the electrical MCC room for the
new LJV facility. %X/ork includes driving cif concrete support pile foundation, construction
of a concrete and steel reinforced s"ctare atop the piles, installation of 84-.inch diameter
pipe construction of a new concrete diversion strocnire, installation of 4 SOY electrical
Power sprern for all new equipment and new mechanical equipment including sluice
gates, PUMPS and various sized Rate valvm
Competent Person
Confined Space
First Ai&CPR
Attachment "D"
Pa eAnFQ
Lower Northwest Interceptor Program-
West Sacramento Force Main Project
SACRAMENTO REGIONAL COUNTY SANITATION
DISTRICT
ML Jaeger was the Construction Manager for Elie Districts
$62.5 million Wa sr Sacramento Force Main project, -The
Project included the installation of 32,000-lineal fect. of
60-inch diameter force main via. open cut method and
8,000-lineal feet via rurineling. Several storm drain pipes
ranging in size from 24-inch to 78-inch replaced open
channels in the City of NV sr Sacramento. 'runnel methods
included microtunneling and horizontal direction
drill (HDD) methods, The pipeline traversed busy
thoroughfares, residential neighborhoods, a locA high
school and local business districts.
LAVWMA Export Pipeline Project - Castro Valley/
Lewelling Segment
LIVER( ORE- AMADOR VALLEY WATER MANAGEMENT
AGENCY
Mr. Jaeger was the Construction Manager for this segment
of the LAVWMA Export Pipeline Project. This segment
installed approximately eightmilcs of 36-inch diameter
pipeline. The pipe materials inducted welded steel;
mortar lined, high density polyethylene and reinforced
concrete cylinder pipe. -Approximately 40% of the pipeline
was installed by microtunneling mid 60% by open cut
consiruction.'The pipeline traversed biny thoroughfares,
residential neighborhoods and business districts. The project
also included the demolitionand reconstruction ofan
existing Emergency Dt6lorination Facility
LAV-WMA Export Pipeline Project-
Dublin Canyon Form Main Segment
LIVERMORE-AMADOR VALLEY WATER MANAGEMENT
AGENCY EXPERIENCE PRIOR TO JOINING THE COVELLO GROUP.
Mr, Jaeger was Elie Construction Manager for this segment
of the LAVWMA Export Pipeline project which installed
eight miles of 36-diameter mortar lined welded stelipe
including four micro - tunneling lengths (two of which were
freellvay crossings); work within private eaacrnents,- work
along a major thoroughfare; and significant clivironmtrital
concerns.
operation and service of the station. 'The work included replacing
all existing pumps, motors and V'FDs with new equipment
consisting of six 300 hp pumps Nvith close coupled motors, VFDs
and all the necessary mechanical, electric -al and control systems to
operate the station remotely via a SCADA system. The project
also Included a new standby diesel generator with an automatic
transfer switch, various site improvements and the seismic
upgrade of the -above ground portion of the ki cility.
Water Recycling Facility
CITY OF WATSONVILLE
Mr, Jaeger was the Construction Manager on Elie City's $24.5
million project which installed 1,770 linear feet of 16-inch
to 24-inch diameter pipe, constructed a facility to produce
a new recycled. Water supply oF4,000acre -feet per year, that
combines 7,000 acre-feet per year of blended recycled, surface
and groundwater supplies. The treatment process includes
advanced sedimentation, filtration and UV disinfection. A
new 21kV service drop/switchgear and power distribution
system was also constructed.
PARTNERING FACILITATION EXPERIENCE:
* East Bay Municipal District (EBMUD). Folsom South
Canal Pumping Plants and Folsom South Canal Pipeline
Project No. 1
* EBMUD: Folsom South Canal Connection Pumping
Plants PmJect
• EBMUD: Folsom Sour I li Canal Con"CC6611 Pipelines
Project
• EBMUD- Folsom South Canal Connection Pipelines
Project - Spec 1955
• EBMUD: Moraga. Road Pipeline Project - Spec 1981
• EBMUD: Gravity Sewer South In terceptor Relocation
and Pump Station H Site Modifications
Newark Pump Station
UNION SANITARY DISTRICT
Mr. Jaeger was the Project Manager for this $1.0inillion
prq)ect, This project consisted of rehabilitating an odsting,
operatiing, raw sewage pwnp station, -,Wile mainmining full
............
Various Projects
UNION SANITARY DISTRICT
VAile employed by the Union Sanitary District, Mr.
Jaeger }vas the Coach Coordinator for the Maintenance
Group at die Wastewater Treatment Plant and provided
engineering support at the plant for numerous projects,
including upgrade to influent pump station, new
4drninistration building, existing building remodels, air
scrubber compressor system analysis, remote pump station
impr.ovenicnts and 12-milt force main vacuum and air release
valve improvements.
I
Attachment "D"
Sala McGuite
Office/Fleld Engine(,r
Mi. McGuire has worked in the engineering profession with ar, emphasis in construction
since 2004. Her background includes project cost estimating, 16'alUe engineering for
g
architectural inefficiencies, georodinical engineering and structural engineering design.
She has experience working with pipeline, water resource, Structural and architectural
projects, Her skills include heavy sequencing and coordination, addressing field
issues with. the Contractor, providing contract administration, managing comphince,
coordinating submittal reviews, administering monthly progress paynienrs and being
responsible for many other day-to-day activities. Prior to joining Covello, Sala worked
as an Engineering and Operations Project Assistanr and Project Engineer where she
performed qw-inciry nuke-offs for project inf Mtructure, completed Land Use Permits and
tested culvert designs.
EXPERIENCE:
Napa State Hospital Recycled Water Pipeline Project
NAPA SANITATION DISTRICT
Ms. McGuire will be the Office/Field Engineer for this project, which is constructing
a one
-mile section of 24--inch pipeline which is extending the existing recycled water
pipeline through Napa Valley College and the Nal"', State Hospi .. "ibis project has
spceificrequiremenis due to the American Recovery and Reinvestment Act of 2009
AR A).
LIVERMORE-AMADOR VALLEY WATER MANAGEMENT AGENCY (LAVWMA)
Western Terniinimus Pipeline
Ms. McGuire, is the Office/Field Engineer for this $4.6 million project, wliich is the fina.1
segment of the 1_0WNIA Export Pipeline Program. This project consists of installing
.1,800 lineal f of piptli nc and a connection to the ou &I piping system. This pipeline
alignment is being installed in tidal marshes along the San Francisco Bay by horiyonral
dirccrionil drilling.
CASTRO VALLEY SANITARY DISTRICT
Mastor PlAnPriorlty 2 Phase, I Pr9jqd.
Ms. M cGwire is the Office/Rield Engineer for this $ 1.1 million project, which is
constructing a combination of three separate projects identified its dit 10astcr plan
incUing Like Chabot Road \Vm, Lake Chabot Road East and a Priority I Quail Aventie
replacement project. The pipe is 4,400 linear lect of 8-inch to 12-inch clay pipe. This
project was needed to provide capacity for histor-irAly surcharging areas and hydraulic
capacity during ten year peak xvet weather events. The hydraulic capacity provided by the
new sewers through the Master Plan Priority 2 Phase I Project area is sirtillar to,and will
replace the hydraulic c3pacity provided by the improvernents identified in the Mosrer. Plan.
Attachment "D"
Page 6 of 8
SOUTH BAYSIDE SYSTEM AUTHORITY
Capital Improvements Program
Ms. McGuirc is providing Office/Engi necring supporr
services for several Capital Improvements Projects for the
South Bayside System Authority, such as the Administration
Building and %-u-ious pump station projects. In addition to
addressing field issues', providing contract administration
and coordinating submittal reviews, she is developing a
standard set of specifications for the Authority to use on
several projects.
EXPERIENCE PRIOR TO JOINING THE COVELLO GROUP, INC,-
SUFFOLK CONSTRUCTION COMPANY
Boston, Massachusetts
As a Project Engineer Ms. McGuire developed project
estim:,ares, managed badgers and emluated changes in the
contract documents fora $121 million commercial project.
In addition, she implemented new soft-ware (Vola Systefus),
as a key tool for construction quality control on $260
million assisted living center project. She instructed over 30
colleagues in developing program function and monitoring
Program results.
Community Planning& Engineering
HONOLULU, HAWAII
Ms_ McGuire perforated drainage analysis ofa 350 lot
subdivision in Maui to assist in a land development
project for the native. Hawaiian community. She used
HEC,RAS to test culvert designs and analyze flow of
water to avoid construction of homes and roads in
flood areas and performed quantity take-offs for project
infrastructure.
Blue Sky Communications
PAGO PA O, AMERICAN SAMOA
As. an.E,,n&ecx*ng and Opmeipris Project Assjstant� Ms.
McGuire assisted in several company development projects
by communicating directly with the American San,=
Government, the Federal Aviation Administration (FAA),
and the Federal Communications Commission (FCC)
regarding land use and air space issues. She was involved with
resolving issues inhibiting the construction of new buildings
and communication rowers. Ms. McGuire also,irnaintaincd
contact with project bidders, cornpleted-LandUse Permits,
and obtained clearance for rowers from FAA, and FCC.
Water Quality Testing Fieldwork
PCOC REDONDO, BRAZIL
ks a R�mta rcher, Ms. McGuire conducted res, m.-ch on %viter
quality of low-income families in a small rural community
located In Brazils northeast region. In addition she educated
to about proper %,ater trearment procedures to reduce
the number of water related illnesses and corm nued research
6.m February to June 2004 in Cambridge to improve
filtration devices and the note- electric , incubators used to store
the specimens during field testing.
I I
Attachment "D"
Clay Kuzma, CCM
Offico./Fleld Engineer
Mr. Kuzma has worked in the engineering industry since 2003. For the past Few years,
lie has been fulfilling the role of both the Field Engineer and Inspector on collection
system improvements, pump station improvements and trearni,ent plant projects. He
has strong field engineering skills and is very knowledgeable about the construction
process which enables him to e.fkctively troubic-slioot construction issues in the field.
Clay has experience working with pipelines, recycled water and wastewater treatment
plants, buildings and roads. His responsibilities include correspondence administration,
holding,.veekly progress meetings with the construction team, scheduling reviews,
coordinating submittal reviews, the IU-I process and administering monrlily progress
payments as well as many other day-to-day field activities. Clay also assists with
coordinating the photo documentation and record documentation with our Inspectons.
EXPERIENCE:
Recycled Water Expansion to Novato North Service Area
NORTH MARIN WATER DISTRICT
Mr. Kuzma is the OfficelField Engineer for this $3.5 million project, which is part of the
North Bay Water Reuse Authorl Vs North Bay Recycling Program (N B%Xqzp). 'This project
consists of installing approximately 26,650 lineal feet of 8 -inch and 12-inch PVC pipeline
in the Novato ,North. Service Area and improving and re-coating of an existing 500,000
gallon above groun4 water storage tank. 'The work is being pe4rmcd in residential and
business arm throughout the City of Novnto.'fl)e Project -is partially funded by [lie
American Recovery and Reinvestment Act of2009 (ARRA) and State Revolving Fund
loan.
2010-2012 Sewer Improvements
NOVATO SANITARY DISTRICT
lield Engineer act project, which includes
.Mr. Kuzma is the OfficeIr ine for this malti-contn
the installation ofsewer piping, service later-As and ancillary Facilities at multiple locations
around the City of Novato.
• Ph=A- Installedl,200 finear feet of S-Mch PVC. 0-900 gravity sewer using open
cut insaillarion; construction value $459,000.
• Phas,- B - Installed 1,600 linear Feet of 244ricb and 18-inch PV(,' C-905 gravii qr sawer
using open cut installation; construction value $248,000.
• Mase C — Installed 3;000 linear feet of 24-inch, 16-inch, 12-inch and 8-inch sewer.
In addition, 360 linear knet of 24-inch clay pipe was installed using microtunneling
and 140 linear feet of H DPE pipe was installed using pipe bursting. The balance was
PVC C-9001905 pipe installed via open cut. Construction value $1,806,000.
• Phase D — Installed 6,490 linear feet of 8-inch and 6-inch HDPE force main sewer
using horizontal direction drill method. Construction value $720,000.
• Phase F — Inst3lkd 1,024 linear feet of 18-inch PVC 0905 gnvity sewer using open
car installation; construction value $395,000.
• Phase(; - Installed 1300 linear Feet of 10" PVC 0900 gmvity sewer using open art
installation; construction value $418,000.
Attachment "D"
Page of
NNW
Recycled Water Facility
NOVATO SANITARY DISTRICT
Mr, Kuzma is the Office/Field Engineer for this $5.2
million recycled water facility project. 'flit project is parr
of t4c North Bay \Xatcr Reuse Authority program. the
ficibry will utilize multiple sand filters to treat up to 1.4
mgd of secondary effluent to produce recycled watts for
distribution by the North Marin Water District in the
Novato community. Sodium hypochloritc will be used for
disinfection. 'Me Project is partially funded by the Amcr!=
Recovery and Reinvestment Act of 2009 (AR RA),
Ellis Creek Water Recycling Facility
CITY OF PETALUMA
Mr. Kuzma provided Office/Field Engi necring services for
the Cit/s riinv $117 million %ter Recycling Facility Project
and provided oversight to the City and the Project'ieam. -nie
completed facility treats an average dry weather wastewater
flow of 67 n4. *The project constructed a new wastewater
facility with aeration basins, headworks, oxidation ditches,
secondary clarifiers, tertiary treatment with sand.filttation
and UV disinfection and solids treatment with digesters,,
G T1 I and screw press,. The plant includes 30 acres of
polishing werlands with a trail access and 30 acres of
treatment wetlands, In addition., this Project won the 2010
NXateReuse Award of Med t arid the American Public. Work
Association (APWA)Northern California Chapter 2009
Project of The Year Award.
SANITARY SEWER REPLACEMENT
CITY OF PETALUMA
Mr. Kuzma was an Office/Field. Engineer for this $715,000
project which replaced sanitary sewer mains and manholes,
reconnected service laterals, trench paving and traffic
control. Pipe instillation ranged from 8-inch diameter to
16-inch diaMCICL Pipe replacement included open cut
and pipe bursting. The Work was completed in congest . ed
business and residential areas throughout the City of
Petaluma.
WESTERN OAKS, HAMILTON #2 & #3 PUMP STATIONS
NOVATO SANITARY DISTRICT
Mr. Kuzma was the Off ce/Pield Engineer on this
$1,265,000 project. The project consisted of upgrades
to three existing pump stations. 'The upgrades included
demolition and reconstruction of the existing stations using
duplex submersible sewage pumps. 1his project included
installation of temporary pumping systems, demolition
and. removal of equip meat, reconnection to force mains,
excavation, structural concrete, pipehralve pits and
mechanical work, installation of new non-clog submersible
sewage pumps, electrical and control systems, painting and
reconstruction of sidewalks, driveways and asphalt paying.
.Rush Creek & Deer Island Pump Stations
NOVATO SANITARY DISTRICT
to Kuzma was the Off cefField Engineer on this $700,000
project. The project consisted of upgrades to two existing
pump stations. The upgrades included demolition and
reconstruction of the existing stations using duplex
subinersible sewage pumps. This project included installation
of temporary pumping systems,, demolition and removal
of equipment, reconnecdon to force mains, excmition,
structural concrete, pipe/ aloe pits and niechani -a work,
installation of new non--clog submersible sewage pumps,
electrical and control systems., painting and reconstruction of
sidewalks, drivew•ays and asphalt pavin&
Wastewater Facility Upgrade
NOVATO SANITARY DISTRICT
Mr. Kuzma provided Officr/Ficld Engineering support
services for the Facility Upgrade Program which constructed.
several projects including a farce main, pump station and
new wastewater trcatmcm & cilities within the existing
treatment site, 'Me 11,000 foot 104nch and 16-inch HDPE
and PVC pipeline was constructed to connect the new pump
station to the District's new trearment. plant. Approximately
2,000feet of pipeline was installed via horizontal directional
drill under Novato Creek and two bore and jack operations.
The new 7.0 mgd treatment facilities include she following;
new htadworks, primary clarifiers, aeration basins, secondary
clarifiers, LTV disinfection, GBT;uid digester.
Stafford Treatment Plant -Check Valve and Flow Meter
Replacement Project
NORTH MON WATER DISTRICT (NMWD)
Mr. Kuzma provided InspecrorlQuali ty Control services
to NMWD for this project which included structural
and mechanical modifications to the Stafford Reservoir/
Treatment Plant. Replacement ofseveral Check Vilves,
Flow Meters and Force Main Piping vveze necessaq to ready
the plant to accept higher than expecredwet weaffierflows.
EXHIBIT E
Design Consultant Requirements
-21-
11266510 80078/0012 Revised: 1/10/11
Exhibit E
Design Consultant Requirements
The Consultant agrees to the following standards and practices in performance of
engineering design duties.
1. The consultant shall assign one project manager who is responsible for the overall
completion of the project and fulfillment of these requirements.
2. Reimbursable expenses shall be considered to be included in the not to exceed
price. Consultant project managers are expected to stay within the not -to- exceed
price. It is the responsibility of the consultant to document any work outside the
agreed upon scope of work including the cost of such work. Work outside the
scope of work completed without prior authorization by the City is done at risk by
the consultant.
3. All plan check design drawings shall be submitted full size (34" x 22" or
equivalent) for review, unless otherwise requested by the City.
4. A minimum of two copies of the plans and specifications will be submitted for
each plan check.
5. The specification will use the latest version of the City of Rohnert Park
boilerplate Contract Document and Specifications for the project. The consultant
will receive the most current version of the specification from the Engineering
Administrative Assistant for each design project via email. This shall be modified
by the City for insurance requirements, contract time, liquidated damages and
environmental mitigation measures.
6. The Division 1 technical specifications shall include a project description. The
project description will generally describe the location, and the extents of the
project and what work is included in the project. This description shall be suitable
for insertion into legal documents and council summary packages. It shall provide
a quick overview of the project that a lay person can understand.
7. Technical specifications shall include a description of bid items. If the technical
specifications are in CSI format, a list of bid descriptions shall be included in the
Division 1 sections. The bid descriptions shall match the bid line items.
8. Division 1 shall include a complete consolidated list of submittals for the project.
9. Electronic documents sent to the City for review shall be in Word format.
10. Plans and specifications shall, as much as possible and within good engineering
practice, refer to the City of Rohnert Park Manual of Standards, Details and
Specifications which can be downloaded from the City's website at
www.rpcity.org . When Standard Details are incorporated they shall be by
reference rather than shown on the plans.
11. The consultant shall note the need for any permitting through the State or other
entities including Caltrans, Corps of Engineers, RWQCB, BAAQMD, SCWA,
and the County of Sonoma. Consultant is responsible for initiating contact with
the permitting agency, meeting with the permitting agency as needed and
completing all permit applications as completely as possible prior to sending to
the City for signature.
12. The consultant shall note the need for any easements or rights of way required for
the project including private landowners, Caltrans, SCWA, and the County of
Sonoma. Consultant is responsible for initiating contact with the other entity and
completing all easement or right of way forms, including property descriptions as
needed, as possible prior to sending to the City for review.
13. The consultant shall develop a project checklist which includes all project
paperwork requirements resulting from permitting, easements and funding
agreements.
14. At least 45 days prior to bid opening, the consultant shall provide a draft staff
report for presentation to City Council requesting to authorize advertisement for
bids.
15. The consultant shall complete all noticing and bidding of the project. This
includes mailing notices to the City's five required Trade Journals /Plan Check
Houses. Notice shall be mailed at least 30 days prior to the bid opening.
16. The consultant shall snake bid copies of the bidding documents, plans and
specifications, distribute these and collect payment for the plans and
specifications to offset their cost.
17. The consultant shall arrange for and conduct the pre -bid meeting, if such a
meeting is deemed necessary.
18. The consultant shall provide all addenda for the bid package as needed, using the
City's addendum form available on the City's website.
19. After issuance of final addenda and prior to issuance of the Notice to Proceed, the
consultant will produce ten (10) conformed sets of plans and drawings that
incorporate all the addenda. This shall be done by making the changes on the full
size drawings adding the addenda to the front of the specifications books.
Consultant shall note the changes on the drawings and in the appropriate place in
the Specifications by using the Delta symbol (A). All addenda shall also be bound
into the front of the specifications book, behind the front cover and before the
cover page, with most recently issued addendum on top. Addenda pages shall be
printed on different color paper than the specifications.
20. Before bid date, consultant shall provide all electronic files to the City. The
project plans shall be in pdf format in one file folder with a separate document for
each page. Specifications shall be in Word fonnat; the Engineer's Estimate shall
be in Excel fonnat.
21. After bidding the consultant will check the bids for conformance with the contract
and bid requirements and determine the responsiveness of each bidder. This
includes checking any applicable licenses and qualifications. This shall include
checking as required, references to determine required experience. The consultant
shall analyze the bids to determine the lowest responsive bidder and continent on
any large discrepancies between the engineer's estimate and the low bid. The
consultant shall create the bid table in Excel format, recommend selection of the
lowest responsive bid, and justify the rejection of any bids as needed. The
consultant shall create a staff report for submission to the City Council providing
recommendations for award and or rejection of bids.
22. The consultant shall review submittals pertaining to the project and provide
comments, rejection, or stamp "No Exceptions Taken" as appropriate.
23. The consultant shall review submittals and RFls pertaining to the project and
provide responses and guidance as required.
24. After construction is complete, the consultant will create Record Drawings (as-
built drawings) based on the contractors marked up set of plans, in electronic
format and scan the as -built drawings into pdf format and deliver one copy on
bond paper and electronic as -built drawings to the City.
The requirements for as -built plans are as follows:
a. The As- Builts shall include the contractor's name, address, phone number and
approximate date of project completion.
b. Archived Plans shall be of the originally approved plans (Conformed Plans),
including signatures of approval, with all contract change order(s), field
directives and as -built information added over the originally approved
information.
c. Archived Plans shall be provided in an electronic format such as Adobe PDF
or Tiff file formats, a minimum of 200 Dot per Inch resolution, optimized to a
file size not to over burden the typical computer workstation or take more than
5 seconds to open on said workstation.
d. The entire set of plans may be in one file or one file for each sheet but not
both, in order to comply with number 3 above.
e. The Archived Plans shall not be made directly from the electronic drawing
files, because this introduces a chance for error or something changed, deleted
or otherwise different from the originally approved plans. As a secondary
option, the Archived Plans made be provided in duplicate; one set of the
originally approved plans (conformed plans) and a second set of the electronic
drawings revised to include contract change order, field directives and as -built
information added (no deletions) to the plans, then provided in one of the file
formats described in number 3 above.