2012/09/25 City Council Resolution 2012-114RESOLUTION NO. 2012 -114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH VALI- COOPER & ASSOCIATES, INC FOR PROJECT MANAGEMENT OF
THE_WILFRED AVENUE WIDENING PROJECT NO. 2010-05
WHEREAS, the City desires to construct the Wilfred Avenue Widening Project No.
2010 -05;
WHEREAS, project management services are needed to move the project forward in an
expeditious manner;
WHEREAS, inspection and construction management services will be needed during
construction;
WHEREAS, the Wilfred Avenue Widening Project contains project complexities
including property acquisition, permitting, utility relocation and coordination with multiple
agencies.
WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the
city's purchasing functions shall be governed by the city's purchasing policy; and
WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.61), staff
set forth to identify a qualified team that can assist the City with the construction management of
such a complex project; and
WHEREAS, a request for proposals was distributed via email to various consultants in
the area and posted on the City of Rohnert Park's website.
WHEREAS, the City received two proposals on September 13, 2012, which staff
reviewed using the following criteria: (1) Quality of construction management team including
RE, inspector and administrative personnel and ability to appropriately commit staffing to the
project, (2) experience managing projects including property acquisition and utility relocations,
(3) experience working with multiple agencies including Cities, County, utilities and regulatory
agencies and (4) experience doing constructability reviews and solving constructability problems.
Two consultants were interviewed by staff.
WHEREAS, Vali- Cooper & Associates, Inc, is qualified and experienced to provide
such services, has submitted a proposal for inspection and construction management services,
and has been selected by staff as the most appropriate construction manager for the said projects;
and
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 Vali- Cooper & Associates,
OAK #4844 - 7508 -0465 v 1
Inc, a California Corporation, and the City of Rohnert Park, a municipal corporation, for Project
Management Services for Wilfred Widening Project No. 2010 -05 ( "Agreement ").
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
and incorporated by this reference as Exhibit A, subject to minor modifications by the City
Manager or City Attorney.
BE IT FURTHER RESOLVED that if any action, subsection, sentence, clause or
phrase of this Resolution or the Agreement approved by this Resolution shall be held invalid or
unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity
of the remaining portions of this Resolution or the Agreement approved by this Resolution that
can be given effect without the invalid provisions.
DULY AND REGULARLY ADOPTED this 25`" day of September, 2012.
ATTEST:
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City Clerk
CITY OF ROHNERT PARK
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OAK #4844 - 7508 -0465 v]
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT FOR CONSULTANT SERVICES ( "Agreement ") is made and
effective as of the day of , 2012, by and between the City of Rohnert Park,
a municipal corporation ( "City"), and Vali Cooper & Associates, Inc., a California
corporation, ( "Consultant "), with reference to the following facts:
A. City has detennined that it is necessary and appropriate to engage a consultant to
carry out the services described herein; and
B. Consultant has represented itself as being fully qualified and available to perform
the consultant services necessary to complete the work in a timely manner; and
C. City desires to contract with Consultant and Consultant is willing to perform the
consultant services, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. SERVICES.
1.1 Basic Services. City hereby retains Consultant to perform the services described
and set forth in the attached Exhibit A ( "Basic Services "), which is incorporated
by this reference as though set forth in full. Consultant hereby agrees to perform
said services within the designated time frames and accepts this retention.
Consultant shall complete the Basic Services according to a schedule of
performance which is also set forth in Exhibit A.
1.2 Additional Services. In addition to the Basic Services, City may elect to have
Consultant perform additional services that are beyond the current scope of the
project, but within the expertise of Consultant ( "Additional Services "). Such
Additional Services shall be mutually agreed to in advance and specified in a
writing, which shall also specify the basis for the Consultant's fee for such
additional services. Basic Services and Additional Services are referenced
collectively as "Services."
2. PERFORMANCE.
2.1 Standard of Performance. Consultant shall faithfully, competently and
diligently perform the obligations and responsibilities required by this Agreement,
applying prevailing standards of professionalism and good workmanship utilized
by persons engaged in providing similar services as are required of Consultant
hereunder in meeting its obligations under this Agreement.
2.2 Labor and Materials. Consultant shall furnish, at its own expense, all labor,
materials, equipment, tools, transportation and services necessary for the
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successful completion of the Services. Consultant shall give its attention and
supervision to the fulfillment of the provisions of this Agreement by its
employees and subcontractors and shall be responsible for the timely performance
of the Services required by this Agreement.
2.3 Time of Performance. The Services of Consultant 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.
2.4 Review of Service. Consultant shall furnish City with reasonable opportunities
from time to time to ascertain whether the Services of Consultant are being
performed in accordance with this Agreement. All work done and materials
furnished shall be subject to final review and approval by City; Consultant is not
providing final approval or review, which is solely City's function and role. City
review and approval of such work and Services shall not, however, relieve
Consultant of any of its obligations under this Agreement.
2.5 Contract Administration.
2.5.1 City. The City Manager or his /her designee shall represent the City in all
matters relating to the administration of this Agreement. The City
Manager or his /her designee shall have the authority to act on the City's
behalf to review and approve all products submitted by Consultant and
may execute all necessary documents to authorize Consultant to perform
Additional Services as provided for herein.
2.5.2 Consultant. Consultant shall assign Connie Preston Fremier to have
overall responsibility for the progress and execution of this Agreement for
Consultant.
3. TERM. This Agreement shall be effective as of the date first above written and shall
continue until all Services to be provided by Consultant are completed, as per City's
acceptance of said project, unless terminated earlier as provided for herein.
4. COMPENSATION.
4.1 Basic Services. For Basic Services, City shall pay Consultant compensation in
accordance with the payment rates and schedule as set forth in Exhibit B, attached
hereto and incorporated herein by this reference as though set forth in full, as full
compensation for all labor, materials, equipment, tools, transportation, and
services. Payment by City under this Agreement shall not be deemed a waiver of
unsatisfactory work, even if such defects were known to City at the time of
payment.
4.2 Additional Services. Consultant shall not be compensated for any services
rendered in connection with its performance of this Agreement which are in
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addition to those set forth herein, unless such additional services are authorized in
advance and in writing in the method provided for herein.
4.3 Invoices. Each and every payment by City shall be subject to City's receipt of an
invoice outlining the items for which payment is requested. Payment to
Consultant as to any undisputed fees shall be made, after verification of
Consultant's performance, within thirty (30) days of receipt of invoice. If City
disputes any of Consultant's fees, it shall give written notice to Consultant within
thirty (30) days of receipt of an invoice of such disputed fees.
4.4 Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in
accordance with the requirements and intentions of this Agreement. All work
done and al materials furnished, if any, shall be subject to the project manager's
inspection and approval. The inspection of such work shall not relieve Consultant
of any of its obligations to fulfill the Agreement as prescribed.
4.5 Withholding. City reserves the right to withhold future payment to Consultant if
any aspect of the Consultant's work is found to be substantially inadequate. City
shall notify Consultant in writing of deficiencies believed to be substantially
inadequate within thirty (30) days after receipt of product.
4.6 Taxes/Insurance/Licenses. Consultant shall be solely responsible for the
payment of any federal, state, or local income tax, social security tax, workers'
compensation insurance, state disability insurance, and any other taxes,
assessments and premiums or insurance contributions which Consultant is
responsible for paying under federal, state or local law by reason of or in
connection with the Services to be performed by Consultant. At all times during
the term of this Agreement, Consultant shall have in full force and effect all
licenses necessary for the performance of Services hereunder, including without
limitation, business licensing from City, all at the sole cost of Consultant.
4.7 No Overtime or Premium Pay. Consultant shall receive no premium or
enhanced pay for work normally understood as overtime, i.e., hours that exceed
forty (40) hours per work week, or work performed during non - standard business
hours, such as in the evenings or on weekends except as required by the
Department of Industrial Relations for Prevailing Wage Inspection Services.
Consultant shall not receive a premium or enhanced pay for work performed on a
recognized holiday. Consultant shall not receive paid time off for days not
worked, whether it is in the form of sick leave, administrative leave, or for any
other form of absence.
4.8 Litigation Support. Consultant agrees to testify at City's request if litigation is
brought against City in connection with Consultant's work product. Unless the
action is brought by Consultant or is based upon Consultant's negligence, City
will compensate Consultant for the preparation and the testimony at Consultants
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standard hourly rates, if requested by City and not part of the litigation brought by
City against Consultant.
5. RECORDS.
5.1 Financial Records. Consultant shall maintain complete and accurate records
with respect to sales, costs, expenses, receipts and other such information required
by City that relate to the performance of services under this Agreement.
Consultant shall also maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible.
5.2 Access to Records. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records; shall give
City the right to examine and audit said books and records; shall permit City to
make transcripts therefrom as necessary; and shall allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be maintained for a period of
three years after receipt of final payment.
5.3 Original Records. Upon completion of, or in the event of termination or
suspension of this Agreement, all completed and incomplete original agreements,
data, documents, designs, drawings, exhibits, maps, models, computer files,
reports, studies, surveys, notes, and other work, materials or documents prepared
or used to prepare Consultant's work product in the course of providing the
Services pursuant to this Agreement ( "Consultant Work Product ") shall become
the sole property of City. City may duplicate, disclose, disseminate, use, reuse or
otherwise dispose of Consultant Work Product in whole or in part in any manner
it deems appropriate, without the permission of Consultant. With respect to
computer files, Consultant shall make available to the City, at Consultant's office
and upon reasonable written request by City, the necessary computer software and
hardware for purposes of accessing, compiling, transferring and printing computer
files. Consultant may retain copies of such Consultant Work Product as a part of
its record of professional activity.
6. TERMINATION.
6.1 Termination for Convenience. City may at any time terminate this Agreement
or any portion thereof for any reason by giving Consultant at least seventy-two
(72) hours prior written notice of such termination. Upon receipt of said notice,
Consultant shall immediately cease all work under this Agreement, unless the
notice provides otherwise. If City suspends or terminates a portion of this
Agreement, such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
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6.2 Termination for Cause. City may terminate this Agreement with cause,
effective immediately upon written notice of such termination to Consultant,
based upon the occurrence of any of the following events:
■ Material breach of this Agreement by Consultant;
■ Cessation of Consultant to be licensed, as required;
■ Failure of Consultant to substantially comply with any applicable federal,
state or local law or regulation;
■ Filing by or against Consultant of any petition under any law for the relief
of debtors; and,
■ Filing of a criminal complaint against Consultant for any crime, other than
minor traffic offenses.
If this Agreement is terminated by City for cause and it is later determinated that
the termination was wrongful, such termination automatically shall be converted
to and treated as a termination for convenience as provided for herein.
6.3 Suspension. City shall have the authority to suspend this Agreement and the
Services contemplated herein, wholly or in part, for such period as it deems
necessary due to unfavorable conditions or to the failure on the part of the
Consultant to perform any provision of this Agreement.
6.4 Payment Upon Termination. In the event this Agreement is terminated or
suspended, with or without cause, pursuant to this Section, City shall pay
Consultant for the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to City.
Upon termination of the Agreement, Consultant will submit an invoice to City as
provided for herein.
6.5 Third Parties. City shall not be obligated or liable for payment hereunder to any
party other than Consultant.
7. INSURANCE. Consultant shall maintain prior to the beginning of and for the duration
of this Agreement insurance coverage as specified in the attached Exhibit C, which is
incorporated by this reference as though set forth in full.
8. INDEMNIFICATION.
8.1 Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent
permitted by law, Consultant shall indemnify, protect, defend and hold harmless
City and any and all of its officials, employees and agents ( "Indemnified
Parties ") from and against any and all liability (including liability for claims,
suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs
and expert witness fees) ( "Claims "), to the extent same are caused, or alleged to
have been caused, in whole or in part by any act or omission, negligent or
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otherwise, of Consultant, its officers, agents, employees, subcontractors or
consultants or any entity or individual for whom Consultant shall bear legal
liability in the performance of professional services under this Agreement. For
design professionals, Consultant shall, to the fullest extent permitted by law,
indemnify, protect, defend and hold harmless any Indemnified Parties from and
against any and all Claims which arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant, or as may be
provided by statute in Civil Code § 2782.8.
8.2 Indemnification for Other Than Professional Liability. Other than in the
performance of professional services as specified in Section 8.1 and to the full
extent permitted by law, Consultant shall indemnify, defend and hold harmless
any Indemnified Parties from and against any Claims, where the same arise out
of, are a consequence of, or are in any way attributable to, in whole or in part, the
performance of this Agreement by Consultant or by any individual or entity for
whom Consultant is legally liable, including but not limited to, officers, agents,
employees, subcontractors or consultants of Consultant. The only exception to
Consultant's responsibility to indemnify, defend, and hold harmless the
Indemnified Parties from Claims, is due to the active negligence or willful
misconduct of City or its elective or appointive boards, officers, agents and
employees.
8.3 Scope of Obligation. Consultant's duty to indemnify, protect, defend and hold
harmless as set forth herein shall include the duty to defend as set forth in
California Civil Code § 2778. This indemnification obligation is not limited in
any way by any limitation on the amount or type of damages or compensation
payable by or for Consultant under worker's compensation, disability or other
employee benefit acts or the terms, applicability or limitations of any insurance
held or provided by Consultant and shall continue to bind the parties after
termination/completion of this agreement. This indemnification shall be
regardless and not in any way limited by the insurance requirements of this
contract. This indemnification is for the full period of time allowed by law and
shall survive the termination of this agreement.
8.4 City Liability. The City has no liability or responsibility for any accident, loss,
or damage to any work performed under this Agreement whether prior to its
completion or acceptance or otherwise with the exception of active negligence
or willful misconduct of City or its elective or appointive boards, officers,
agents and employees. No member of the City and no other officer, elected
official, employee or agent of the City shall be personally liable to Consultant or
otherwise in the event of any default or breach of the City, or for any amount
which may become due to Consultant or any successor in interest, for any
obligations directly or indirectly incurred under the terms of this agreement.
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9. RELEASE OF INFORMATION.
9.1 Confidentiality. All information gained by Consultant in performance of this
Agreement shall be considered confidential and shall not be released except to the
City, directly or indirectly, by Consultant without City's prior written
authorization. Consultant, its officers, employees, subcontractors or sub-
consultants shall not voluntarily provide declarations, letters of support, testimony
at depositions, response to interrogatories or other information concerning the
work performed under this Agreement unless requested by the City Attorney or
authorized in writing by the City Manager. Response to a subpoena or court order
shall not be considered "voluntary" provided that Consultant shall give City
prompt written notice of any such court order or subpoena.
9.2 Notice and Cooperation. Consultant shall promptly notify the City Manager and
City Attorney in writing if Consultant, its officers, employees, agents, or
subcontractors or consultants should be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order or subpoena from any person or
party related to this Agreement and/or Consultant's related Services. City has no
obligation to, but may exercise discretion to represent Consultant and/or be present at
any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully
with City and to provide the City an opportunity to review any response to discovery
requests provided by Consultant. However, City's right to review any such response
does not grant or imply a right of City to control, direct, dictate or rewrite said
response.
10. RELATIONSHIP TO CITY.
10.1 Independent Contractor. Consultant is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services
under this Agreement on behalf of Consultant shall at all times be under
Consultant's exclusive direction and control. Neither City nor any of its officers,
employees or agents shall have control over the conduct of Consultant or any of
Consultant's officers, employees or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of
City. Consultant shall not incur or have the power to incur any debt, obligation or
liability whatever against City, or bind City in any manner.
10.2 No Employee Privileges. No City employee benefits shall be available to
Consultant in connection with the performance of this Agreement. Except for the
fees paid to Consultant as provided in the Agreement, City shall not pay salaries,
wages or other compensation to Consultant for performing services hereunder for
City. City shall not be liable for compensation or indemnification to Consultant
for injury or sickness arising out of performing services hereunder.
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10.3 Not an Agent. Consultant, its officers, employees and agents shall not have any
power to bind or commit the City to any decision.
10.4 Consultant Duty to City. Consultant understands and agrees that its
responsibility to provide complete and accurate Services is owed solely to City
and that its accountability under this contract shall likewise be solely to City and
not to any City applicants or any other third person or entity.
10.5 Interest of Consultant. Consultant represents and warrants to City that it
presently has no interests, and covenants that it shall not acquire any interests,
direct or indirect, financial or otherwise, which would conflict with the
performance of the services to be provided by Consultant under this Agreement.
Consultant further covenants that, in the performance of this Agreement, no
subcontractor or employee having such an interest shall be employed by
Consultant. Consultant certifies that no one who has or will have any financial
interest under this Agreement is: (a) an officer or employee of City, or (b). an
officer or employee of the applicant and any of its consultants.
10.6 Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in
connection with the award, terms or implementation of this Agreement, including
any method of coercion, confidential financial arrangement or financial
inducement. No officer or employee of City will receive compensation, directly
or indirectly, from Consultant, or from any officer, employee or agent of
Consultant, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling City to any and all remedies at law or
in equity.
10.7 Statement of Economic Interest. If City determines Consultant comes within
the definition of Consultant under the Political Reform Act (Gov't Code § 87100),
Consultant shall complete and file and shall require any other person doing work
under this Agreement to complete and file a "Statement of Economic Interest"
with the City Clerk disclosing Consultant and /or other such person's financial
interests.
10.8 Nonexclusive Agreement. Consultant 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
Consultant as City desires.
11. GENERAL PROVISIONS.
11.1 Incorporation of Recitals. The recitals set forth above, and all defined terms set
forth in such recitals and in the introductory paragraph preceding the recitals, are
hereby incorporated into this Agreement as if set forth herein in full.
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11.2 Further Assurances. City and Consultant each agree to cooperate with one
another, to use their best efforts, to act in good faith, and to promptly perform
such acts and execute such documents or instruments as are reasonably necessary
and proper to consummate the transactions contemplated by this Agreement.
11.3 Notices. All notices, requests, demands, and other communications under this
Agreement shall be in writing and shall be deemed to have been duly given on the
date of service if personally served or on the second day after mailing if mailed by
first -class mail, registered or certified, return receipt requested, postage prepaid
and properly addressed as follows:
To City:
City of Rohnert Park
Attn: City Manager
130 Avram Avenue
Rohnert Park, CA 94928
To Consultant:
Vali Cooper & Associates, Inc.
Attn: Connie Preston Fremier
2175 Francisco Blvd, E Ste A
San Rafael, CA 94901
Any party may change their address for the purpose of this paragraph by giving
the other party written notice of the new address in the above manner.
11.4 Compliance with Laws.
11.4.1 Legal Responsibilities. Consultant shall keep itself informed of local,
state and federal laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service
pursuant to this Agreement. The Consultant shall at all times observe and
comply with all such laws and regulations. Any corrections or updates to
Consultant's services that may be come necessary as a result of a change
in said laws and regulations shall be made at Consultant's expense.
11.4.2 Licenses. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses and permits required by law for
the performance of services described in this Agreement. Permits and /or
licenses shall be obtained and maintained by Consultant without additional
compensation throughout the term of this Agreement.
11.4.3 Labor Conditions. City is a public entity in the state of California, and
therefore, City and Consultant are subject to the provisions of the
Government Code and the Labor Code of the state of California,
including, but not limited to, the provisions which (a) require every
employee to be insured against liability for workers compensation or to
take self - insurance and (b) require every employer to adopt a written
injury and illness prevention program. All provisions of law applicable to
public contracts and/or this Agreement are incorporated herein by this
reference and are made a part of this Agreement to the same extent as if
they were fully stated in the Agreement and shall be complied with by
Consultant. Consultant certifies that it will comply with such provisions
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before commencing performance of the Agreement and at all times in the
performance of the Agreement.
11.4.4 Labor Requirements. Consultant shall abide by all federal and
California laws and regulations regarding wages, including, without
limitation, the Fair Labor Standards Act and the California Labor Code,
which, in part, require Consultant to pay the general prevailing wage rates.
11.4.5 Discrimination. No person shall be excluded from employment in the
performance of this Agreement on the grounds of race, creed, color, sex,
age, marital status, sexual orientation, or place of national origin.
Consultant shall comply with all local, state, and federal laws relating to
equal employment opportunity rights.
11.4.6 City Not Responsible. The City and its officers and employees shall not
be liable at law or in equity occasioned by failure of the Consultant to
comply with this Section.
11.5 Assignment. Consultant shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of
City, which shall have the sole discretion to consent to any proposed assignment.
Because of the personal nature of the Services to be rendered pursuant to this
Agreement, only Consultant shall perform the services described in this
Agreement.
11.6 Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators,
assigns and subcontractors of both parties.
11.7 Waiver. No waiver of a provision of this Agreement shall constitute a waiver of
any other provision, whether or not similar. No waiver shall constitute a
continuing waiver. No waiver shall be binding unless executed in writing by the
party making the waiver.
11.8 Time is of the Essence. Time is of the essence of this Agreement
11.9 Force Maieure: If performance of a Party of any portion of this Agreement is
made impossible by any prevention; delay; or stoppage caused by acts of God,
government, or other forces or events beyond the reasonable control of the party
obligated to perform, performance by that party for a period equal to the period of
that prevention, delay or stoppage is excused.
11.10 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.
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11.11 Construction of Terms. All parts of this Agreement shall in all cases be
construed according to their plain meaning and shall not be construed in favor or
against either of the parties. If any term, provision, covenant or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, in whole or in part, the remainder of this Agreement shall remain
in full force and effect and shall not be affected, impaired or invalidated thereby.
In the event of any provision shall be adjudged invalid, void or unenforceable, the
parties hereto agree to enter into a supplemental agreement to effectuate the intent
of the parties and the purposes of this Agreement.
11.12 Severability. If 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(s) 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 has not been contained herein.
11.13 Controlling Law. The City and Consultant understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of
the parties to this Agreement and also govern the interpretation of this Agreement,
with venue proper only in the County of Sonoma, State of California.
11.14 Attorneys Fees. In the event any action is brought to enforce or interpret the
terms of this Agreement or for damages on account of the breach hereof, the
prevailing party therein shall be entitled to recover from the other party its costs
and expenses incurred in connection therewith, including without limitation,
reasonable attorneys fees and the costs and expenses of litigation.
11.15 Authorization. All officers and individuals executing this and other documents
on behalf of the respective parties hereby certify and warrant that they have the
capacity and have been duly authorized to execute said documents on behalf of
the entities indicated.
11.16 News Releases /Interviews. All Consultant and sub - consultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited
unless expressly authorized by City.
11.17 Entire Agreement / Amendment. This Agreement, along with its attached
exhibits, which are incorporated herein by this reference, constitutes the entire
Agreement between the parties and supersedes all prior and contemporaneous
agreements, representations and understandings of the parties. This Agreement
may be altered, amended or modified only by a supplemental writing executed by
the parties to this Agreement and by no other means. Each party waives any
future right to claim, contest, or assert that this Agreement was modified,
canceled, superseded, or changed by any oral agreement, course of conduct,
waiver or estoppel.
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11. 18 Counterparts. This Agreement may be executed in counterparts, each of which
shall remain in full force and effect as to each party.
IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the
date first written above.
"CITY"
City of Rohnert Park
By:
City Manager
Per Resolution No. 2012 - _adopted by the
Rohnert Park City Council at its meeting of
September 25, 2012.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
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"CONSULTANT"
Vali Cooper & Associates, Inc.
(Name, Title)
EXHIBIT A
TASKS TO BE PERFORMED
Page 13 of 19
Scope of Work
for the
Rohnert Park Golf Course Drive West/Wilfred Avenue Roadway
Project No. 2010 -05
The CONSULTANT and the CONSULTANT Project Manager's overall responsibility and
scope of work is to deliver the Rohnert Park Golf Course Drive West/Wilfred Avenue Roadway
Project (PROJECT) through construction. The CONSULTANT will act on behalf of the City as
an adjunct to staff and work to move the project forward in as expeditious a manner as possible.
Kimley -Horn is responsible for developing the plans and specifications for the project.
Generally, excluding funding and environmental permitting, the CONSULTANT will be
responsible for all items required to complete the construction of the roadway and deliver it to
the City which are not included in the scope of work of Kimley -Horn. Additionally, the
CONSULTANT will be responsible for coordinating and expediting the work of these
consultants as well as the City, County and regulatory agencies.
The CONSULTANT shall provide all necessary services required for a complete project,
excluding funding. Any approvals or signatures required by City staff will be presented to the
City by the CONSULTANT as completed staff work and ready for signature.
Meetings with City Representatives
The CONSULTANT Project Manager will meet with City staff to discuss project details,
establish goals, review the project schedule and coordinate efforts. The CONSULTANT will
schedule meetings with the City, twice monthly, to cover all areas of the project and schedule.
Each Friday by noon, the CONSULTANT Project Manager shall send the City a weekly update
by e -mail that includes work accomplished that week, outstanding critical issues, the element of
work that is critical path and a two -week look ahead schedule of critical work items.
Council Packages and Updates
The CONSULTANT Project Manager shall write a memo to the Rohnert Park City Council on a
quarterly basis updating them on the progress of the project. The Project Manager is responsible
for providing all resolutions and staff reports as needed for City Council approval for all aspects
of the work needed to complete this roadway project.
Project Management
The CONSULTANT Project Manager will be responsible for expediting all aspects of this
project, including the work of others, with which they have no contractual arrangement. Project
Manager will serve as an adjunct to City staff as the owner's representative.
The CONSULTANT Project Manager will create and maintain a detailed project schedule using
MS Project or similar software. This schedule shall be updated weekly. The schedule shall
include all tasks and milestones needed to bring the roadway widening project to completion.
The CONSULTANT Project Manager will be responsible for tracking, managing and expediting
the work o£
• The roadway designer, Kimley -Horn
• The consultant working for the Federated Indians or Graton Rancheria hired for
environmental permitting
• The City of Rohnert Park Staff
• Right -of -way acquisition experts
• Utility owners including, but not limited to, PG &E, cable, telecom, and City of Santa
Rosa (recycled water pipeline in Golf Course Drive/Wilfred Avenue)
• The CONSULTANT Project Manager's own staff and sub - consultants.
Design Review and Value Engineering
At each of the design submittals, the CONSULTANT shall provide review of the design
consultant's work.
Review of the 60% submittal shall include a field review of the proposed alignment and
comparison with the topographic information included on the drawings. This review shall note
conflicts with utility separation and conflicts with existing features and any other problems that
may arise in construction. The construction cost estimate shall be checked and verified. The
CONSULTANT shall review the plans for proper design, conformance with City and County
Standards and Low Impact Development (LID) Standards. The. plans shall be checked for
internal consistency. The plans shall be checked for requirements outlined in environmental
studies. The consultant will provide recommendations based on funding levels on how the
project should be bid or split.
Review of the 90% design will include adequacy of notes and details for constructability and a
review of the specification thoroughness of the contents, testing requirements and methods, and
any potential conflicts with the design drawings. A thorough constructability review shall be
done including bid items and amounts, staging, traffic control, haul routes and storm water
requirements. The Stormwater Pollution Prevention Plan (SWPPP) shall be checked for
consistency with the plans and adequacy in meeting the General Construction Permit (GCP).
At the 100% design review, the CONSULTANT Project Manager will ensure all previous
comments have been properly addressed, that the project is ready to bid and that all requirements
outlined in environmental documents or permits are addressed.
At each stage, the CONSULTANT Project Manager will prepare a letter of findings and
recommendations. Each consecutive review shall ensure that previous comments have been
properly addressed.
Coordination with Utility Companies
The CONSULTANT Project Manager will coordinate with outside utility companies to ensure
that all existing facilities, both underground and overhead, are identified accurately during the
design phase. The CONSULTANT shall coordinate with PG &E, AT &T and Comcast to ensure
Page 2 of 4
that any utilities impacted by the project are relocated prior to or during project construction. If
any agreements are needed between the City and the utilities, the CONSULTANT shall prepare
such agreements. The CONSULTANT shall draft a proposed agreement for review by the City.
Upon approval by the City, the CONSULTANT will negotiate and complete the agreement with
the utility.
Implement a Mitigation Monitoring Plan
The CONSULTANT will oversee implementation of the mitigation monitoring plan resulting
from the environmental analysis. The CONSULTANT shall use the environmental documents
and arrange for required mitigation including timeframes, order of precedence and management
checks to implement the plan. Environmental monitoring will be conducted by AES and
Huffman - Broadway. The CONSULTANT shall oversee the mitigation monitoring plan during
all phases of the work to ensure environmental compliance except for any monitoring and
reporting that is required to take place after construction completion of PROJECT.
Permitting
The Federated Indians of Graton Rancheria will hire a separate consultant to provide
environmental permitting, including the General Construction Permit. The Project Manager will
coordinate with that consultant as needed to complete the project. The cost of obtaining all
permits, including all permit fees, is not included.
Bid, Contract and Construction Assistance
The CONSULTANT will provide services required to bid and award the construction of the
project including, but not limited to, creating bid sets, advertising the project, bidding the project,
conducting pre -bid meeting, writing and issuing addenda, evaluating awards, and writing staff
reports and resolutions for award.
Review and Monitor General Construction Permit
The CONSULTANT will provide services required to review and monitor the General
Construction Permit (GCP) for storm water protection. The CONSULTANT shall provide a
QSP or QSD to oversee functions required to meet the requirements of the GCP and the project
SWPPP. Construction Management
After award of the construction project contract by City Council, the CONSULTANT shall
provide Construction Management Services to include contract administration, construction
management, field inspection to observe and document daily construction activities, and
geotechnical observation and material testing. The construction manager will provide Resident
Engineer services as required.
Optional Services:
Property Acquisition
The newly widened roadway will encroach onto existing properties in the County and City that
are outside of the existing right -of -way. If determined needed by the City, the CONSULTANT
Page 3 of 4
shall provide all work required to acquire these properties for the project working with the
County and City, except the signing of completed documents by the City or County and the
following:
• Legal opinions and services as necessary
• Environmental reports
• Direction as to administrative settlements, negotiating authority and condition of title
acceptance
The cost of property acquisition services will be negotiated once the scope of right of way
services are more defined and will be paid on a time and material basis.
Construction Staking
At the request of the City, Construction Staking can be provided. A cost estimate for this work
will be negotiated once it is determined if construction staking is needed.
Page 4 of 4
Work Plan
The following table describes the CONSULTANT'S assigned personnel responsible for the scope
of services:
Bill •
q
PROJECT MANAGEMENT - SERVICES
... -_
Improved
Development ment Team
p
monitor project t issudest�act on
p
Guy Preston
Agenda, Minutes, and
(PDT) Meetings
items, and to track the status of
communications
Action Items
project deliverable
Project Schedule
Track project tasks and
Manage,
monitor, and
Development &
milestones needed to bring to
track project
Guy Preston
CPM Schedule
Tracking
project to a timely completion
deliverable
Identify types of risks,
Manage,
Risk Management
probability, and Impacts to
monitor, and
Guy Preston
Risk Management
project
control project
Plan
risk
Prepare quarterly memo's to
Clear and timely
Quarterly Reports to
City Council
City Council, Staff Reports, and
communication
Guy Preston
City Council, Staff
Reports and
Updates & Reports
Resolutions for Items requiring
and actions with
Resolutions as
Council action
City Council
needed
Prepare weekly updates of
Weekly Staff
work accomplished &
Clear and timely
Emails to City staff
Updates
outstanding issues. Identify
communication
Guy Preston
each Friday by noon
critical path tasks and a 2 -week
with City staff
look ahead schedule.
DESIGN, ENVIRONMENTAL &PERMIT REVIEW, VALUEENGINEERING,
&MITIGATION SERVICES
Review all design deliverables
Consolidated
including plans, specifications,
Conformance
comments to the
Design Review
cost estimates and technical
with City,
PM Team
consultant design
reports. Review and
County & LID
team at 60 %, 90%
consolidate comments from all
Standards
and 100% design.
stakeholders
Improved
Evaluate and assess the most
project quality &
effective scope for design and
increased
Written
cost effective construction
probability of
recommendations to
Value Engineering
method. Provide
delivering
PM Team
City /County staff and
recommendations on phasing
critical
Consultant Design
to meet funding and
segments within
team
deliverability
schedule
constraints
Reduce
Review the adequacy of the
construction
Written
Constructability
Plans and Specifications for
risks, change
orders and
recommendations to
Review
constructability and any
delivery delays.
PM Team
City /County staff and
potential conflicts with the
More biddable
Consultant Design
design.
and buildable
team
project
•
•
Review all environmental
Compliance
deliverables including CEQA
with
environmental
Consolidated
Environmental
technical memorandum and
regulations and
comments to the
PM Team
Review
technical reports. Review and
reduce impact
consultant
consolidate comments from all
to project
Environmental team
stakeholders
schedule
Review permit applications and
Reduce
draft permits for accuracy, with
permitting
Comments to the
Permit Review &
special attention on avoidance
impacts to
PM Team
consultant design
Coordination
and minimization measures
project
team and City and
and required mitigation
schedule and
County staff.
constructabilit
Provide RFP for all required
Reduce
RFP & Contracts for
Mitigation Services
mitigation credits, draft
mitigation cost
PM Team
the purchase of
contracts, and obtain agencies'
and avoid
mitigation credits
approvals
project delays
RIGHT`OF W 8� AY UTILITY SERVICES
Coordinate with utility
Ensure
Utility Relocation
companies to identify and
conflicting
Notices to Owners
Services
arrange for the relocation of
utilities are
ARWS
and Utility
conflicting facilities
relocated in a
Agreements
timely manner
Optional Services - provide
Ensure
Property Acquisition
appraisal, acquisition, and
possession of
Appraisal Reports,
Services - Optional
relocation services for
required rig ht-
ARW S
acquisition
Service
properties needed to construct
of -way is
documents, relocation
project
obtained in a
documents
timely manner
O" ASE SERVICES ; g 3
r
RE develops
Prepare bid documents for
early
advertisement. Verify cost
relationship with
Bid Process & Pre-
estimates and schedule.
City and
Agenda & Meeting
bid Conference
Manage conference to extent
designer.
VC &A
Documents, Q &A to
requested by the owner.
Provide
Coordinate bidder questions
clarification for
bidder comments.
with designers.
bidders to help
reduce cost.
Pre - Construction
Outline project specifics, inform
Establish
protocol and
Agenda Meeting
Conference
contractor of project
roles and
VC &A
Minutes
administration procedures.
responsibilities.
Implement system for
organizing, tracking, filing, and
Contract
managing paper /electronic
Better record
Administration
correspondence including
keeping.
Paper Files
System- Document
letters, information requests,
Improved claim
VC &A
Digital Files
Control
submittals, contract, reports,
resolution
Correspondence Logs
progress payments, and
capabilities.
change orders, etc.
CONSTRUCTION PHASE SERVICES
Resident Engineer Manage the project and Project is VC &A Successful project
Minaccordance
enforce with the
administered
Contract Plans, Special
and constructed
Ensure funding
Provisions, City Standards, and
properly.
reimbursements
County Standards (where
Minimizes City
applicable)
exposure and
cost. Ensures
that City is
reimbursed for
Federal Funds
— if applicable.
Conduct weekly meetings to
Maintains
dialogue
VC &A
Agenda Meeting
Weekly Meetings
discuss schedule, current, and
between team
Resident
Minutes
past issues.
members.
Engineer
Schedule surveyor to be
Provides timely
VC &A
Construction
provided by others. Coordinate
staking for
Inspector
Staking
construction staking request.
contractor to
N/A
Review staking notes.
prevent delays.
Construction
Provides timely
Staking — Optional
Provide Construction Staking
staking for
URS
Field Surveying
Service
contractor to
Staking Notes
prevent delays.
Provides timely
Testing Reports
Schedule, coordinate and
testing and day
to day
VC &A
Materials are provided
Materials Testing
perform timely testing and
coordination
Inspector
and placed in
reporting
with contractor's
accordance with City
progress to
Brunsing
& Caltrans
prevent delays.
Specifications.
Ensures
materials being
VC &A
Inspection Reports
Schedule, coordinate and
provided are in
Inspector
and Materials are
Source Inspection
perform timely testing and
compliance with
provided and placed
reporting of source inspections
specifications
Brunsing
in accordance to
and contract
Specifications.
plans.
Provides
solutions to
Analyze issues, seek
actual
VC &A
Design Clarifications
Issues Management
appropriate advice, and give
conditions
Resident
Contract Change
recommendations.
found in field.
Engineer
Orders
Minimizes
delays.
Monitor contractor's schedule
Better project
Weekly Reports
weekly. Notify parties of actual
coordination.
VC &A
Schedule Reports
Schedule
or potential deviation from
Fewer delays.
Resident
Recommendations
schedule. Work with project
Fewer time
Engineer
"As- built" Schedule
team to correct noncompliance
related
and construction
with schedule.
disputes.
photos /videos
Monitor project funding.
Effective use of
Monitor project budgets.
funds. Early
warning of
VC &A
Budget Reports
Cost Control
Review contract item
potential
Resident
Cost Estimate
payments, material quantities,
funding
Engineer
Reviews
and change order payments.
problems.
Change Orders
Review potential change orders
Change orders
VC &A
Independent Cost
!�SERVICE�- FUNCTION
•
for contractual and technical
reflect fair price
Resident
Estimates
merit. Prepare independent
for added or
Engineer
Change Orders Ready
cost estimate and schedule
deleted work.
for Execution
analysis of work. Negotiate and
Change Order
prepare change orders for
Summary Reports
execution. Keep the City
appraised of impact of
cumulative change orders.
Identify potential claims issues.
Review claims for merit,
documentation, and make
Disputes are
VC &A
Dispute Avoidance
Potential Claims/
recommendations and
avoided or
Resident
Procedures
Dispute Resolution
implement procedures for
resolved quickly
Engineer
Recommendations
reducing the likelihood of
reducing cost.
disputes and claims. Assist in
the resolution of disputes.
Ensures work
and materials to
be used are in
accordance to
Process, review, coordinate,
appropriate
and monitor review of
standards and
VC &A
Submittal Log
Submittal Review
submittals and distribute
details. Timely
Resident
Submittal Packages
between appropriate parties
reviews
Engineer
(City and Designers)
minimize
schedule
impacts and
cost.
Timely
responses
minimize cost.
Design Clarifications
Process and coordinate RFI
Ensures work is
VC &A
RFI Log
(RFI)
review with design engineer.
being
Resident
RFI Responses
constructed
Engineer
properly as
intended by
designers.
Traffic control
plans provide
Review contractor's plans for
adequate traffic
Review Traffic
detours, shutdowns and access
management
and make
VC &A
Resident
Reviewed Traffic
Control Plans
for emergency vehicles.
provisions for
Engineer
Control Plan
Coordinate with City.
contingencies.
Provides for a
safer project.
Observe and monitor all
aspects of project. Notify
Photography and
contractor when work is not in
Completed
Video tapes Project
Quality Control/
compliance. Prepare daily
project meets
VC &A
Files
Daily Inspection
Inspection
inspection reports. Provide
expectations for
Inspector
Reports
photographic and video
quality and
documentation of construction
functionality.
Develop Construction
process. Encourage and stress
Quality Control
quality in the constructed
Program Manual
9 L9 Lai
•
f
/
product.
Communicate with local
Verbal and Written
residences and business
Minimizes
Notices Delivered to
community regarding
public
VC &A
Residences and Local
Public Relations
temporary construction
complaints. RE
Resident
Businesses
impacts, such as traffic
will be point of
Engineer
Attend community
changes, noise, limited access
contact.
meetings
and construction schedule_
Review and enforce
Minimize or
Permit /
requirements stipulated in
eliminate
VC &A
Daily Inspection
Environmental
permits issued regulatory
violations of
Resident
Reports
Compliance
and environmental agencies.
permit
Engineer /Inspector
Correspondence
requirements.
Ensures
Progress Payment
Review contractor's payment
accuracy of
VC &A
Vouchers
Daily Inspection
Progress Payments
requests. Verify contractor pay
quantities and
Resident
Reports
items. Prepare payment
payment.
Engineer
Quantity Calculation
documentation for execution.
Controls project
Sheets
cost.
Correspondence
Prepare monthly reports
Keeps parties
VC &A
Monthly Status
highlighting project progress,
informed on
Resident
Monthly Report
Reports
CCOs, cost issues, and
project status.
Engineer
schedule.
Review and monitor contractor's
safety program for compliance
VC &A
with Cal /OSHA. Notify contractor
Jobsite is safer.
Resident
Accident Reports
Site Safety
if unsafe condition is observed.
Avoids litigation.
Engineer /
Monthly Reports
Notify City if contractor refuses to
Inspector
rectify unsafe condition..
Investigate accidents.
,x
CLOSEOUT PHASE SERVICES
Changes are
VC &A
"As- Built" Drawings
Collect, review, and transmit
incorporated
Resident
Data for Record
contractor's data to engineer.
into record
Engineer
Drawings
drawings.
Project is
completed
Make final inspections. Prepare
according to
punchlist. Verify that required
contract
VC &A
Final Walkthrough
certificates of compliance. and
documents. All
Resident
Punchlist
as -built drawings have been
paperwork
Engineer
delivered.
required of
contractor is
delivered.
Process final progress payment
Paperwork is
to contractor. File Notice of
completed.
Project Completion
Completion. Prepare final
Audit trail is
VC &A
Final Progress
Payment
Report
report. Deliver project records
completed.
Resident
Notice of Completion
to the City. Prepare reports in
Ensures
Engineer
accordance to Local
Federal
Final Report
Assistance Manual.
reimbursement.
Notes for construction management services:
• All consultant personnel provided to the City are employees of VC &A and /or agents (sub -
consultants) and work under the direct supervision and control of VC&A.
• VC &A shall perform all services in accordance with City criteria and guidelines.
• VC &A daily reports, extra work diaries, materials testing reports, and other reports to be
used on the project will be in compliance with agreed upon format with the City. VC &A can
utilize our CATS Manual for this purpose. .
• VC &A reports, calculations, measurements, test data, and other documentation will be
prepared on forms specified by or otherwise acceptable to the City.
• VC &A staff is provided with a company vehicle, cell phones, computers /laptops.
• An office trailer for the construction management team is not considered as part of this
scope.
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PAYMENT SCHEDULE
Page 14 of 19
GC PRESTON, P. C.
Engineering Program /Project Management
C PRESTON,, a ■
Engineering Program /Project Management
Fee Schedule - 2012/2013
Personnel Hourly Billing Rate
Guy C Preston, Project Manager $215
Explanation of Rates
1. Rate is valid through 2013. Rate beyond 2013 will be calculated using an annual
escalation of 5 %.
2. Rate includes use of home office, local office, all communications, and use of
computers.
3. Rate includes travel from GC Preston, P.C. home office to local office in Marin
County. Any additional travel will be charged at time plus $0.75 /mile.
4. Other miscellaneous direct cost will be charged at actual cost.
BRUNSING ASSOCIATES, INC.
SCHEDULE OF PROFESSIONAL FEES
California
PROFESSIONAL SERVICES:
(Engineer, Geologist, Scientist)
Hourly Rate
Assistant
$ 80
- $ 95
Staff
$ 95
- $110
Project
$110
- $125
Senior
$125
- $140
Principal
$150
- $200
Expert Consultant
$200
- $350*
TECHNICAL SERVICES:
Assistant Technician
$ 65
- $ 75
Technician
$ 75
- $ 85
Senior Technician
$ 85
- $ 95
Supervisory Technician
$ 95
- $105
Special Laboratory Testing or Sample Preparation
$ 85
- $ 95
ADMINISTRATIVE SERVICES:
Project Administrator
$ 75
- $ 90
Project Manager
$105
- $120
Project Superintendent
$110
- $125
Administrative Assistant
$ 65
- $ 80
SUPPORT SERVICES:
Clerical
$ 55
- $ 60
Data Processing
$ 65
- $ 75
Computer (CAD) Drafting
$ 85
- $ 95
Telephone Calls At cost
Postage At cost
Copies, per page $ .10
Oversize prints $3.00 or cost plus 15% admin fee
*Expert Consultant rates are increased by 50 percent for deposition,
arbitration, or court testimony.
Professional fees 9/10
1Y. iGeorecMGEOTECH SCHEDULE OF CHARGES AND WD PROFES'SIOAW FEES SPro(essimml Fees Sched -S'epi 2010.doc
BRUNSING ASSOCIATES, INC.
SCHEDULE OF PROFESSIONAL FEES
California
VEHICLES:
Auto Mileage
$.75 /mile
Truck, 2 Wheel Drive
$12.00 /hour
Truck, 4 Wheel Drive (any off - surface road travel)
$16.00/hour
MISCELLANEOUS EXPENSES:
Subsistence
$140.00
Subcontractor /Subconsultant Charges and Materials
cost plus 15% admin. fee
OVERTIME PREMIUM FOR TECHNICIAN SERVICES:
Multiply Hourly
Rate By
Over 40 hours per work week or over 8 hours in one day
1.50
Up to 8 hours on Saturdays and Sundays
1.50
Over 12 hours in one day, over 8 hours on Sundays, and work on Holidays
2.00
Travel time, or two hours technician time, will be charged for services cancelled without
sufficient notification to change scheduling
NOTE:
Rates shown for Technical Services and Laboratory Testing include the report of routine test results including up to % hour
of review and preparation by Professional Staff, per report. Where complexity of results requires more then % hour of
review and preparation, or when engineering analysis, conclusions or recommendations are provided, additional fees will be
charged at the appropriate hourly rates.
Professional fees 9/10
IV:IGeotec.MGE07ECH SCHEDULE OF CHARGES AND PROFES'SIOA4tL F£ES!Projessionaf Fees Sched -Sept 2010.dor
GEOTECHNICAL LABORATORY TESTING
SCHEDULE OF CHARGES
California
SOILS TESTS
Cost/Test
Moisture and Density Tests
Moisture, Cal 226* $ 15.00
Moisture/ Density (Liner Sample) ASTM D 2937 20.00
Unit Weight, ASTM C 29, Cal 212 60.00
Compaction, ASTM D 698 & D 1557
4 -inch mold, with assumed Specific Gravity for Rock Corrosivity 235.00
6 -inch mold, with assumed Specific Gravity for Rock Corrosivity 285.00
California Impact, Cal 216 300.00
Maximum & Minimum Index Density, ASTM D 4253 & 4254 360.00
Classification Tests
Sieve Analysis
Coarse and fine aggregates, ASTM C 117 & C 136, Cal 202
100.00
Fine soils, with wash through #200 sieve, ASTM D 422 & D 1140
100.00
Wash through #200 sieve, ASTM D 1140
70.00
Hydrometer Analysis
ASTM D 422
160.00
RWQCB
70.00
Bulk Density (chunk sample), RWQCB
70.00
Specific Gravity
(Aggregate), ASTM C 127 & C128
140.00
(Fine soils), ASTM D 854
80.00
Atterberg Limits (Plasticity Index) ASTM D 4318
150.00
Organic Content ASTM D2974
80.00
Note:
* Agency abbreviations for testing standards:
Cal - State of California, Department of Transportation (Caltrans)
ASTM - American Society for Testing Materials
RWQCB - California Regional Water Quality Control Board
SCPHD - Sonoma County Public Health Department
ISRM - International Society of Rock Mechanics
USBR - United States Bureau of Reclamation
03/12
GEOTECHNICAL LABORATORY TESTING
SCHEDULE OF CHARGES
California
Volumetric Tests
Free Swell, USBR
Costs/Test
Strength Tests
110.00
Pocket Penetrometer
$ 7.00
Torvane Shear
12.00
Direct Shear (saturated and consolidated), ASTM D 3080
390.00
Intact sample
190.00
Remolded sample (requires additional compaction test)
225.00
Unconfined Compression, ASTM D 2166
80.00
Triaxial Compression (undrained and unconsolidated),
200.00
ASTM D 2850
340.00
Intact sample
120.00
Remolded sample (requires additional compaction test)
175.00
Volumetric Tests
Free Swell, USBR
35.00
Shrink - Swell, SCPHD
110.00
Expansion Index, ASTM D 4829
Untreated Samples
350.00
Treated Samples
390.00
Modified Expansion Index, 90% relative compaction at
optimum moisture (compaction curve additional)
370.00
Consolidation, ASTM D 2435
Single Load
200.00
Complete Study
340.00
Permeabili , Tests
Permeability (constant head), ASTM D 2434
Intact sample 285.00
Remolded sample (requires additional compaction test) 325.00
Permeability ( Triaxial cell), ASTM 5084
Intact sample 285.00
Remolded sample (requires additional compaction test) 325.00
Pavement Section Design Tests
Stabilometer Resistance Value (R- Value), Cal 301
Untreated sample 290.00
Sample with gravels 325.00
Lime, cement - treated sample 350.00
Sand Equivalent, ASTM D 2419, Cal 217 100.00
Durability, Cal 229 145.00
California Bearing Ratio (per point), ASTM D 1883 825.00
03/12
2
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MATERIALS LABORATORY TESTING
135.00
SCHEDULE OF CHARGES
90.00
California
225.00
Split Tensile Strength, ASTM D 3967
Costs/Test
Asphalt & Concrete Aggregate Tests
245.00
Organic Impurities in Sand, ASTM C 40
$ 100.00
Cleanness Value, Cal 227
145.00
Percent Crushed Particles, Cal 205
100.00
Absorption, Cal 538
100.00
Los Angeles Rattler (500 Revs.), ASTM 131, Cal 211
260.00
Sulfate Soundness (per sieve), ASTM C 88, Cal 214
105.00
Asphalt Tests
Asphalt Content, Ignition Furnace, Cal 382
145.00
Gradation (on extracted sample)
140.00
Marshall Stability, ASTM D 1559
300.00
Concrete and Masonry Tests
Cement, grab sample, retained for 60 days 25.00
Compression, Concrete or Mortar Cylinders, ASTM C 39 35.00
Compression, Grout Prisms, ASTM C 942 50.00
Compression, Gunite Cylinders 45.00
Compression, Concrete Block or Brick 65.00
Untested Cylinder Processing and Curing 20.00
Unit Weigh of Concrete (in Cylinders) 35.00
Flexure, Concrete, 6x6x24, ASTM C 293 120.00
Drying Shrinkage (3 samples per test, 28 day drying). ASTM C 157 450.00
Compression, Masonry Prism 120.00
Rock Core Tests
Grain Size analysis, ASTM D 422
135.00
Unconfined Compressive Strength, ASTM D 2938
90.00
Direct Tensile Strength, ASTM D 2936
225.00
Split Tensile Strength, ASTM D 3967
130.00
Third Point Loading (Flexural Strength), ASTM D 1635 or C 78
245.00
Brazilian (flexural strength), ISRM
125.00
Metals Tests
Reinforcing Steel, tensile & bend tests
110.00
Structural Steel, tensile tests
110.00
Structural Steel, bend tests
80.00
High Strength Bolts, Proofload tests (ASTM F606)
75.00
High Strength Bolts, ultimate strength tests
85.00
High Strength Bolts, hardness tests
55.00
03/12
3
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CITY OF ROHNERT PARK DEVELOPMENT SERVICES
Golf Course Drive West/ Wilfred Avenue Widening
Requirements:
Ending:
A. Submittal of appraisal reports.
Principal Consultant
B. Negotiations are concluded upon delivery of Memorandum of Settlement to
Managing Consultant
Client or advisory from AR/WS to Client that negotiations have reached an
Consultant 1
impasse and eminent domain should be considered.
Consultant II
C. Close of relocation file through submission of claims or substitute
Consultant III
agreement with displacee.
NOTES:
1. Figures are based on information provided to AR/WS as of the date of this estimate.
2. Assumes CEQA, and if necessary, NEPA compliance has been met.
3. Subject to AR/WS Assumptions and Limitations, contained herein.
4. The Budget has been prepared based upon 8 -month project duration. An extended or
reduced project schedule will increase the estimated budget.
5. A 20% contingency is recommended but is not included in the above figures.
CONFIDENTIALITYNOTICE: This information is intendedonlyforthe use of the recipient. Anydisclosure, copying, distribution oruse of any of
the information contained in this document is strictly prohibited.
AR/WS 2012 Fee Schedule
Fees include direct and indirect expenses and profit.
Vah6 Cooe.er & AsuKiates, Inc. 90
catisi�tp"n�ni� �w tiutaectxrr:.T
Service
Hourly Rate
Principal Consultant
$200.00
Managing Consultant
$185.00
Consultant 1
$150.00
Consultant II
$130.00
Consultant III
$115.00
Right of Way Technician
$80.00
Administrative Support
$65.00
Appraisal Reports
Lump Sum
Appraisal Services (Hourly)
$200.00
Subcontractors
Cost 1 10%
Depositions, Court Appearances, Arbitrations /
Mediations, Hearings, and Testimony (including
preparation)
$275.00
Fees include direct and indirect expenses and profit.
Vah6 Cooe.er & AsuKiates, Inc. 90
catisi�tp"n�ni� �w tiutaectxrr:.T
Ll
CITYOF ROHNERT PARK DEVELOPMENT SERVICES
Golf Course Drive West/ Wilfred Avenue Widening
Vali Cooper & Associates, Inc.
Fee Schedule - 2012
Principal
$200-$246
Project Manager
$165-$220
Resident Engineer /Construction Manager
$150-$205
Assistant Resident Engineer (Prevailing Wage)
$140-$165
Assistant Resident Engineer (Non- Prevailing
$115-$165
Wage)
Project Controls /Scheduler
$110-$180
Office Engineer
$110-$180
Construction Inspector (Prevailing Wage)
$140-$165
Construction Inspector (Non- Prevailing Wage)
$95-$165
Administrative
$55-$96
Technician
$55-$96
Explanation of Rates
1. Rates are valid through 2012. All rates are straight -time rates and subject to negotiation based on
the nature of a specific assignment. Rates beyond 2012 will be calculated using an annual
escalation of 5 %.
2. Resident engineers may or may not be licensed engineers in the State of Califomia, as required by
the project.
3. Our employees are compensated in conformance with prevailing wage requirements and the
Califomia Labor Code. We bill for our services in the same manner.
4. The above rates do not include vehicles, other project - specific direct costs, and associated markups.
Vali Cooeer &Assodat es, Inc. 91
..._ CClYST+.f.1'T�C4J& R4..PJ �LAUkttv'Ef�frf
CITY OF ROHNERT PARK DEVELOPMENT SERVICES
Golf Course Drive West/ Wilfred Avenue Widening
URNS CORPOR.A110i
13:AY AREA OPERATIONS
2012 SC'..HE PliLE OF FEES YF N- D CHARGES
The following describes thc basis for comppnsation for services 'p .rfortn6d durilig die, fiscal year =. Q2.
This Schedule of Fee §:and Charges Swill lac adjusted annually` on January• lst to reflect merit acid econto.nik
-•alaly inerease3, Arid chariggps in the :expected level and node of operations for the new year. The new
Schedule of lees and C'hagp -es )v111 gpply to 4Nisting <irid new assi��'nmenL�.
PERSONNEL CHARGES.
The charge for all time recttrii-ed in the p rformarice: of
the Scope of SerWiees, including office, field =arid travel
time; will .bc at the lint Pricc fjourly Ratcs st fbttli
belmN, for the labcor classificaficin indicr +ted.
I:ab"C lassillcation Hourty Rates
t lcrk 73
Word Prooecsoriptiiiecr Aciistant'fid or-
95
CAbD Tedirucian/lllualritor
8
Project AdinirustvatcarController
g3
Technician*
81
Sr. (Ar)D Technic4.n1$T, TllirstritorMesigt er "
1 17
St. TecbniL*ifx*
l 1'13
Sr, i)esikncr /Lab, t told, or CM)D Sirperyisoi
t3
Staff Profitinal
94
Professional
l 17
lkoieEl. Professional
13
8criioi Proj ct kirolsianal
7U5
Wgjcct 'ulttaag+<r
174
Senior Pi6j& b h?•air gef
113,
PrincijW Professional /Praiact Direlsto
:254
Char-Res Rir con ac' personnel under QkS.slipeTNision
and using TiRS facilities will be made according to the
Hourly rate cor spouding to their classi:ficatioti. 'When,
staffs are perforziris g Field itiiirk tirr projects,' ;t niinirnurr+
daily charge of a hours Ml apply.
tVlien UItS staff appe r as ouurt
trials, arbibativrt hearurls oral d lr� itacins, lheir Time
will be charged ot.S:I75 per hour,
Overtime fii+_,ur$ tvoiked in euuessof eight ($j houss per
clay) li}r.exempt p r<rmnel will be charged at the ;above
straight time hourly, rate. Overtone by nor( - exempt.
permrnrel (ctassiHcations : id r tilicd by rrn asterisk
will be charged al 1.3 times the above hourly rates..
Slr„cial proje,ce accoitnting reporting and financial
services. including submimcm of invi)ice suppbrting
cic>cum rttaticitt itiTl be char
gedat the rate ofa cleric:
(I[F-5 'LABOR -AT6RY SER rICTS
7'lie, charges fcix laboratory, testine Nrftmnei at URS
kircilitics srl forth in the occompanfing SignWt Tcstijig
T.,abs Fee Schedule,
OTIfFR PROJECT CHARGES
Subcontracts arul oflr:a Non- S.dary E\miscs
The cost of services subcontracted by I MP to others and
other eutaidc casts incurred by URS that arc directly,
identifiable to the project, will he charged at cyst plat
2p?e etid l r14�, re+pecti.Vely;
(:anuiiurucafieiis
't't+e costt of counnunications including telephone
(excluding coll.irlar phone ), telex, facsir litc, postage,
and eiJier incidUiital cysts %,U be charged at a flat ral of
Af. ?o N tcdal vros;.latiof dwg
complit'ers.
The xloge for us~ or CLnipu(er -Aided Desigri acrd
fh tli%ng fCA[)t?) -. gr ip #ric5 generit cn1, modclirrg'
al pliaatiens, CieGgr >a}luc intmulition Systellis {Gls), .
andsiriular teclurical comp idrig is- $23.00 perhoctr.
In addition to rite abovj!& the fclli)wing cfi irg s Kilt appty'
to pints gernerated ltv the Cr1 t)1) and CI SSystzmY..
plot Si e
p~a " r
b %t fir:
Smaller 115an D -site
S3aSQ
Sy,OO
D -sirx
Sti:OQ
SI.3:11Q'
Linger dam D -aaze.
S1.0olli
n.59/x-
Document Renrodnction
In -house reproduction %iill.be citarg s a $6.10 per pago
for black and white,- and,51.QQ. perpage for ocilor,
speci.ilind Em4patent
The use of spe6iliz J t,; RS equioxmt (including
acllnlar phones) Will be the fixed rental ratty t.OnsisCiit'
witli prevailing rirarket ratcs.
Vehicles and, Mileage
The nfileagr charges lbr personal vehicles used Lit
project itt ignrnerrts Will be 'die current. 11ul<e §6 iste
established by the tritenril Revenue Soviet tin' tax
pirrjwsi;s.
URS owned vehicles used on project assigtunents will be
charged at $3:5 per day, u 'Ith a minimum: charge of one-
halfday.
This Fce Schedule 'contaigs my7dentic l buslrie s
6rJ�rniauon and is not io he copied or• thwribWed %i'
pose other other• lbarr Tyre Jig- intended :in this cordract:
Vali Coof er & Assocwtr s, Inc 92
CP�,i'Si'>3J:EerM di4x+GW UANMN.+FxY•rT
ac..rrxrrmnan w -s.�
EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in
conformance with the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Consultant
agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the
insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form
CG 00 0l or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits are subject to review but in
no event less than $2,000,000 (Two Million Dollars) per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two
Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -
owned auto endorsement to the general liability policy described above. If Consultant or Consultant's
employees will use personal autos in any way on this project, Consultant shall provide evidence of
personal auto liability coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Any such coverage provided under
an umbrella liability policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is detennined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be applicable to City for
injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required herein. Limits
are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered
Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $2,000,000 (Two Million Dollars) per claim and in the
aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Page 15 of 19
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A_M. Best's rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City
agree to the following with respect to insurance provided by Consultant.
1. Consultant 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 20 10 or an approved equivalent. If
completed operations coverage is excluded, the policy must be endorsed to include such coverage.
Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant,
or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss.
Consultant agrees to waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. The workers compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
elected officials, employees, agents, and volunteers for losses paid under the terins of this policy
which arise from the work performed by the named insured for the City.
4. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations limits the application of
such insurance coverage.
5. None of the coverages required herein will be in compliance with these requirements if they include
any limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
6. No liability policy shall contain any provision or definition that would serve to eliminate so- called
"third party action over" claims, including any exclusion for bodily injury to an employee of the
insured or of any contractor or subcontractor.
7. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant 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.
Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to Consultant's
general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
Page 16 of 19
9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of
coverage. Consultant agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to snail written notice of cancellation imposes
no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Consultant or any subcontractor, is intended to apply first and on a primary,
noncontributing basis in relation to any other insurance or self insurance available to City.
11- Consultant agrees to ensure that subcontractors, and any other party involved with the project who
is brought onto or involved in the project by Consultant, provide the same minimum insurance
coverage required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for review.
12. Consultant agrees not to self - insure or to use any self - insured retentions or deductibles on any
portion of the insurance required herein and further agrees that it will not allow any contractor,
subcontractor, Architect, Engineer or other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self - insure its obligations to City. If
Consultant'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
Consultant, which may include reduction or elimination of the deductible or self - insured retention,
substitution of other coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Consultant ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards perfonmance of this Agreement.
15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Consultant will renew the required coverage annually as long as City, or its employees or agents
face an exposure from operations of any type pursuant to this agreement. This obligation applies
whether or not the agreement is canceled or tenninated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
17. Consultant shall provide proof that policies of insurance required herein expiring during the tern of
this Agreement have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate
of insurance and/or additional insured endorsement as required in these specifications applicable to
Page 17 of 19
the renewing or new coverage must be provided to City within five days of the expiration of the
coverages.
18. The provisions of any workers' compensation or similar act will not limit the obligations of
Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity
defenses under such laws with respect to City, its officers, elected officials, employees, agents, and
volunteers.
19. Requirements of specific coverage features or limits contained in this section are not intended as
limitations on coverage, limits or other requirements nor as a waiver of any coverage normally
provided by any given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or insured to be
limiting or all- inclusive.
20. These insurance requirements are intended to be separate and distinct from any other provision in
this agreement and are intended by the parties here to be interpreted as such.
21. The requirements in this Section supersede all other sections and provisions of this Agreement to
the extent that any other section or provision conflicts with or impairs the provisions of this Section.
22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any
way with the project reserves the right to charge City or Consultant for the cost of additional
insurance coverage required by this agreement. Any such provisions are to be deleted with
reference to City. It is not the intent of City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
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.
Page 18 of 19
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the and a duly
authorized representative of the firm of ,
whose address is , and that neither I
nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or
other consideration, any firm or person (other than a bona fide employee working
solely for me or the above consultant) to solicit to secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to employ
or retain the services of any firm or person in connection with carrying out the
Agreement; or
C) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for me or the above consultant) any fee, contribution,
donation, or consideration of any kind for, or in connection with, procuring or
carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal
and civil.
Date Signature
Page 19 of 19
OAK H4852- 2155 -5210 Q