2007/10/09 City Council Resolution 2007-169RESOLUTION NO. 2007-169
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A MASTER AGREEMENT WITH
COASTLAND CIVIL ENGINEERING
FOR ON -CALL CONSTRUCTION MANAGEMENT AND
ENGINEERING DESIGN SERVICES
WHEREAS, the City desires to obtain on -call construction management and
engineering design services; and
WHEREAS, Coastland Civil Engineering submitftd a proposal indicating they
have the experience and expertise to provide said services, end
WHEREAS, Coastland Civil Engineering provides sim�Rar services to the City
for building plan, engineering map and plan checking and inspection services.
NOW THEREFORE BE IT RESOLVED by the City Couneil of the City of
Rohnert Park that:
1. The Master Agreement by and between Coastland Civil Engineering and the City
of Rohnert Park for ongoing on -call construction management and engineering
design services is hereby approved.
2. The City Manager is hereby authorized and directed to execute this agreement in
substantially similar form to the attached agreement for and on behalf of the City
of Rohnert Park.
3. The City Engineer /Director of Public Works is authorized to manage said
agreement on behalf of the City.
DULY AND REGULARLY ADOPTED this 9"' day of October, 2007.
A'
MI. � r/4' IMI'mme - ms
Clerk
CITY OF ROHNERT PARK
Mayor
BREEZE: AYE MACKENZIE: ABSENT SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
i
MASTER AGREEMENT FOR SERVICES
This Agreement is made and entered into on this date, , 2007,
by and between the City of Rohnert Park, hereinafter referred to as the "City," and Coastland Civil
Engineering, Inc., hereinafter referred to as the "Consultant."
WHEREAS, the City requires construction management and design services on an as=
needed basis; and
WHEREAS, the Consultant is qualified and experienced to provide such services.
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
1. SCOPE OF WORK. Consultant shall perform those services described as Tasks in
the Scope of Work and Schedule of Performance attached as Exhibit "A" within the time frames
stated therein.
2. COORDINATION. Consultant shall assign Scott Reynolds to personally participate
in said design projects and to coordinate the activities of the Consultant. Consultant shall assign
Paul Klassen to personally participate in said construction management projects and to coordinate
the activities, of the Consultant.
3. COMPENSATION.
A. City shall pay Consultant as compensation in full for such services and
expenses at the rates set forth in the Standard Hourly Rates and Charges attached as Exhibit "B ",
which may be updated annually as provided for in Section 4 "TERM". Progress payments will. be
tied to completion of tasks so all payments are proportional to the work completed. Payment by
City under this Agreement shall not be deemed a waiver of defects, even if such defects were
known to the City at the time of payment.
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within .thirty (30) days after approval of the invoice by City.
Payment will be made in full for general municipal engineering and development review services.
C. Payments due and payable to Consultant for current services are 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 Consultant 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.
843801v4 80078/0012 JH- S:05 -g
4. TERM. The term of this Agreement shall be from the date of its execution until
June 30, 2012 unless terminated earlier as provided herein.
5. NOTICES. All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed
as follows:
TO CITY: CITY ENGINEER
CITY OF ROHNERT PARK
6750 COMMERCE BLVD.
ROHNERT PARK, CA 94928
TO CONSULTANT: COASTLAND CIVIL ENGINEERING
1400 NEOTOMAS AVENUE
SANTA ROSA, CA 95405
ATTENTION: SCOTT REYNOLDS
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving notice pursuant to this Paragraph.
6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. 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 Consultant 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.
7. CITY'S RIGHT TO TERMINATE /SUSPEND CONTRACT. At any time and for
any or no reason, City shall have the right to terminate this Agreement, take possession of the
Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as
they are complete and acceptable to the City, and pay the Consultant such equitable proportion of
the total remuneration as the work satisfactorily done by the Consultant at the time of such
discontinuance bears to the whole of the work required to be done by the Consultant under the terms
of this Agreement.
8. CORRECTION OF WORK. The performance of services or acceptance of
information furnished by Consultant shall not relieve the Consultant from obligation to correct any
defective, inaccurate or incomplete work subsequently discovered and all such work shall be
remedied by the Consultant on demand without cost to the City.
9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions for
delays beyond the Consultant's control. Time extensions will be equal to the length of the delay or
as otherwise agreed upon between the Consultant and the City. In such event, compensation as set
forth in the Scope of Work shall be subject to renegotiation upon written demand of either party to
the Agreement.
2
843801 v4 80078/0012 JH- S:05 -g
10. RECORDS OF PERFORMANCE. Consultant shall maintain any 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 make these records available for inspection,
audit, and copying by the City. All data, documents, discussions, or other information developed or
received by or for Consultant in performance of this Agreement are confidential and not be
disclosed to any person except as authorized by City or as required by law.
11. SUBCONTRACTING. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government Code
Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and
dollars amounts of all contracts and subcontracts relaxing to preparation of the report.
12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole
or in part, without the written consent of the City.
13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall
indemnify, hold Harmless; release and defend City, its officers, employees and agents from and
against any and,- all actions, claims; demands, damages, disability, losses, expenses including
attorney's fees and other defense costs and liabilities of any nature that may be asserted by any
person or entity including Consultant, in whole or in part, arising out of Consultant's activities
hereunder, including the activities of other persons employed or utilized by Consultant in the
performance of this Agreement (including design defects and regardless of City's approval, use or
acceptance of the work or work product hereunder) excepting liabilities due to the active negligence
or willful misconduct of City. 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.
14. . INSURANCE. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit C to this Agreement.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a
material inducement to entering into this Agreement. Consultant agrees to use reasonable care and
diligence in its profession in rendering services under this Agreement. Consultant agrees that the
acceptance of his work by City shall not operate as a waiver or release of said obligation of
Consultant. The absence, omission, or failure to include in this Agreement, items which are
normally considered to be a part of generally accepted professional procedure or which involve
professional judgment shall not be used as a basis for submission of inadequate work or incomplete
performance.
16. LITIGATION SUPPORT. Consultant agrees to testify at City's request if litigation
is . brought against City in connection with Consultant's report. Unless the action is brought by
Consultant or is based upon Consultant's negligence, City will compensate Consultant for the
preparation and testimony at Consultant's standard hourly rates, if requested by City and not part of
the litigation brought by City against Consultant. .
3
843801v4 80078/0012 JH- S:05 -g
17. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee working for
the Consultant, to solicit or secure this Agreement; and that he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or making this
Agreement. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability, or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee.
18. CONFLICT OF INTEREST. Consultant (including principals, associates, and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered by
this contract or any other source of income, interest in real property or investment which would be
affected in any manner or degree by the performance of Consultant's services hereunder.
Consultant 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.
19. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes
within the definition of Consultant under the Political Reform Act (Government 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 Clerk of the City of
Rohnert Park disclosing Consultant and/or such other person's financial interests.
20. MERGER. This Agreement shall constitute the entire Agreement between the
parties and shall supersede any previous agreements, whether verbal or written, concerning the same
subject matter. No modification of this Agreement shall be effective unless and until evidence by a
writing is signed by both parties.
21. DEFAULT. If Consultant should fail to- perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, City may terminate this Agreement by giving Consultant written notice of such
termination, stating the reason for such termination. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an
amount which bears the same ratio to the total fees specified in the agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damage, if any, sustained by City by virtue of the breach of the Agreement by
Consultant.
22. NO WAIVER OF BREACH; TIME. The waiver, by City of any breach of any term
or promise contained in this Agreement shall not be deemed to be a waiver of such term or
provision or any subsequent breach of the same or any other term or promise contained in this
Agreement. Time is of the essence in carrying out the duties hereunder._
23. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
4
8438010 80078/0012 JH- S:05 -g
24. ATTORNEY FEES, APPLICABLE LAW AND FORUM. In the event either parry
brings an action or proceeding for damages arising out of the other's performance under this
Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to
recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such
action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted
according to California law, and any action to enforce the terms of this Agreement or for the breach
thereof shall be brought and tried in the County of Sonoma.
25. INDEPENDENT . CONTRACTOR. The parties intend that Consultant, in
performing the services specified herein, shall act as an independent contractor and shall have
control of the work and the manner in which it is performed. Consultant is not to be considered an
agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus
or similar benefits City provides its employees. In the event City exercises its right to terminate this
Agreement, Consultant expressly agrees that he /she shall have no recourse nor right of appeal under
rules, regulations, ordinances or laws applicable to employees.
26. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on
amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes
and other obligations, including, but not limited to, state and federal income and FICA taxes.
Consultant agrees to indemnify and hold the City harmless from any liability which it may incur to
the United States for to the State of California as a consequence of Consultant's failure to pay, when
due, all such taxes and obligations.
27. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its
performance under the Agreement either directly or indirectly on the grounds of race, color,
religion, sex, age, national origin, or other prohibited grounds in its employment practices, and shall
take affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to race, color, religion, sex, age, national origin, or other prohibited grounds.
28. COMPLIANCE WITH LAW. Consultant shall comply with all applicable federal,
state and local laws, rules and regulations affecting the Consultant and his/her work hereunder.
Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications
and approvals of whatsoever nature which are legally required for Consultant to practice
Consultant's profession and to do the work hereunder. Consultant represents and warrants to City.
that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally required for Consultant to
practice his/her profession and do the work contemplated by this Agreement.
29. TITLE TO DOCUMENTS: Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in the City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts,, computations, and other data prepared
or obtained under the Agreement shall be made available, upon request, to the City without
restriction or limitations on their use. Consultant may retain copies of the above - described
information but agrees not to disclose or discuss any information gathered, discussed or generated in
any way through this Agreement without the written permission of City during the term of this
Agreement or until ninety (90) days after receipt of final payment from City.
843801v4 80078/0012 7H -S:05-g
30. INTERPRETATION. Notwithstanding the fact that one or more provisions of this
Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be
interpreted as though they were 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.
31. EXECUTION. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement,
it shall not be necessary to produce or account for more than one such counterpart.
32. AUTHORITY. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ROHNERT PARK: CONSUL
Name:
Title:
/ By:_
(Date) Name:
Title:
Per Resolution No. 2007- adopted By:
by the City Council on Name: '(70
Title: �a4
r
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
/ -1 f7
Ve)
-/7 7
(Date)
6
843801 v4 80078/00/2 JH- S:05 -g
EXHIBIT , "A"
SCOPE OF WORK
AND
SCHEDULE OF PERFORMANCE
7
843801v480078/0012
JH- S:05-g
� A � v
A
EXHIBIT "A" - continued
Even though each project is unique, the following provides a general Scope of Services to illustrate
our approach to providing design services.
After receiving a. RFP for a particular project, our design team will closely review the scope provided
and, as part of our proposal, break it down into well defined tasks and subtasks. These tasks will
illustrate our knowledge of the effort necessary to provide a comprehensive set of construction
documents for the project.
TASK 1 - MELTING WITH CITY STAFF
We propose that a project design kickoff meeting be held with
City representatives to ensure that the City's needs, interests
and goals are taken into consideration prior to the beginning of
design. At this time we will discuss project details, establish
g P j _ <
goals, review the project schedule and coordinate efforts. Once the project is started, we propose to
have regular meetings with staff to assure the project proceeds as desired.
TASK 2 - BACKGROUND INFORMATION
In an effort to provide a comprehensive review of the background information, we propose to collect
and review available background data relating to the project. in addition, we will take photographs
and video the site, observe existing conditions and identify unusual or special conditions that could
affect the design or construction.
If additional studies, modeling or reports are necessary or otherwise requested by the City for facility
sizing or locating they will be completed under this task.
TASK 3 - COORDINATION wITH UTILITY COMPANIES
To complete the background research and mapping needs we will notify and coordinate with all utility
providers in the area to obtain mapping of their facilities. This will ensure that all existing facilities,
both underground and overhead, are identified accurately during the design phase. This task will
include writing letters to PG &E, SBC and Comcast informing them of the project and requesting their
facility drawings. in an effort to accurately locate utilities on the design drawings, we will also request
that they field locate their underground facilities. We will also request that the City mark out storm
drain, sewer and water facilities. Under this task we will prepare submittal packages to each of the
utility companies so they can verify the accuracy of their facilities and the need for relocation.
COASTLAND CITY OF ROHNERT PARK
Q Ii.';i,i PRO, OF 7 -,N( fN RING- MK -SIGN. AN I)
TASK 4 — SURVEY & WGRT OF WAY
A detailed topographic survey shall be prepared for the design
drawings. The survey data, including right of way information,
will follow City requirements. The exact detail of what is
included in the surveys and right of way will be outlined in the
project specific proposal under this task. Surveying and
mapping may be provided by another consultant.
TASK 5 — GEOTECIINICAL
EXHIBIT "A" - continued
f
i
s
Under this task we will identify the need for geotechnical analysis including borings, trench structural
section recommendations, bearing pressure data or shoring recommendations. Our team can
evaluate records to determine the potential for soil contamination within the limits of the work. If
contamination is found to exist, appropriate. safety and disposal plans can be prepared.
TASK 6 — PRELIMINARY CONCEPT PLANS
Under this task we will prepare preliminary concept plans for the project. All background mapping
and research pertinent to the work will be included in the submittal. As part of the submittal, we will
prepare preliminary technical specifications (outline of sections), including general and special
provisions and an estimate of probable construction cost. Copies of the submittal package will be
provided to the City.
Once we are assigned a project, under this task we will identify
the detail of work to be provided. Typically concept plans are 65
percent complete. All design will be in accordance with City
guidelines.
As part of this task we will coordinate and submit appropriate plans to necessary agencies for
permitting purposes. We will coordinate and obtain necessary permits. Due to the potentially long
permit lead times, this effort will begin early in project development.
As part of this task we will meet with City staff to discuss and review their comments.
COASTLAND CITY OF RORNERT PARK
QLALI FICA 'i' O.NS TO I3R0�'fI}i �. \' {;.1��:L;i2i'tiC.; st?: iGN A11D
C�( %ti;�7'Ri %C.TO:ti ��:iy:+,Gi• ;11�:;"tiT'. ��V >.'c:. "1.C>! 'ii;'::',li'r.
TASK 7 — PUBLIC PARTICIPATION
Similar to previous contracts we have completed for the City, we
propose to assist the City with sending project notices to
homeowners and businesses that will be affected by the work.
Typically this will include three notices with the first notice
informing them of the project. The second notice will inform them
that bid documents are complete and the third notice will inform
them that a contractor. has been selected and a preliminary construction schedule is available. We
EXHIBIT "A" - continued
Will work with the City to develop an appropriate mailing list and will attend public meetings as
necessary.
TASK S - 90% PS & E
For the 90% submittal we will address all City and other agency comments received on the
conceptual submittal. The 90% plans will include all specific details for the construction of the project.
The submittal will include plans, technical specifications and a cost estimate.
Once again we will meet with City staff to discuss and review their comments and the submittal
provided to the required agencies for permitting purposes.
TASK 9 - FINAL (100 %) PS & E
For the Final (100 %) submittal we will address all comments. received on the 90% submittal. This
submittal will include final bid documents as requested by the City. An updated engineer's estimate
will accompany the final submittal. Final documents will be forwarded on to permitting agencies if
required.
TASK 10 — BID AND CONTRACT SUPPORT
During the bidding process, we will answer any questions that may arise during bidding and will
expeditiously prepare any addenda necessary to clarify the construction documents. Following the
bid opening, we will assist the City with review of the bids and provide a recommendation of award.
TASK 11- ENVIRONMENTAL
We will work with City staff to prepare appropriate environmental documentation for the project. This
task will be developed based on the specific needs of the particular project.
COASTLAND CITY OF ROHNERT PARK
1.....<['li.. "ii4i;ti ii3(r+ilil C;ltvFiltifi DESIGN :'fi)
I
EXHIBIT "A" - continued
D V_ N P SON
To meet the impending needs of the City, we have assembled a strong, well- prepared and cohesive
z
team ready to serve the City_ We are offering a highly qualified design team capable of successfully
completing a large range of challenging projects from the conceptual design stage through
construction and final acceptance of improvements.
Our team has been assembled to provide the City the best approach and the most appropriate
qualifications for the City's upcoming projects. Team members have been selected for their
demonstrated experience working for cities and counties with similar needs as the City of Rohnert
Park, availability to respond to the City's needs with minimum notice, and expertise on roadway,
parks, pathways, sewer, water, drainage and related projects. We will form a creative partnership
with the City of Rohnert Park to produce successful projects responsive to the City's needs, while
controlling costs and meeting the project schedule.
j Relevant qualifications, education, and representative experience of our team's key personnel are
contained on the following pages. Detailed resumes have been provided in Appendix A.
Figure 1: Design Team Organizational Diagram
#y Qf Rohner# Park
Public Works Department
Darrin Jenkins, PE_.
City Engineer / Public works Director
Principal-In- Charge
and QA/QC
Project Manager Scott Reynolds, PE
Vice President
Heidi Utterback, PE
Supervising Engineer
Project Design
Design Engineers
Karen Sullivan, PE
Danielle DuGre, PE
Allison Thomasson
CAD Designers
Joe Machado
Jim Krautner
COASTLAND CITY OF ROHNERT PARK
Qt:.`s .i� V1'i(NS TO :CMr FNGfNEFRIN D SIG\ A I)
. ii:\ ti' T< 2i': ��fi):'V's'Itiiti:�txksit•1I; \? f3oSili:i�it3it,i�: ??ilC`l� -ti
ilo-,�R-
,;731
I
BE
a,
wellp
up
Milk
IND,
fil'I'll I
m:
- - AN k "
a El- (07,
EXIRBTT "N'- continued
i
as
CONS T1
RUCTION MANAGEMENT SCOPE OF SERVICES
3
In order to ensure successful delivery of a project, we will provide construction management and
inspection with the methodology described in the following work tasks. Coastland will adapt or revise
these tasks as required to meet the City's formats and standards. These methods have proven to be
successful for us and we typically implement them as a company standard for our client's projects.
To assist our construction management and inspection staff, Coastland uses the Expedition "Contract
Control Software" by Primavera to create, store, organize and track project information and
correspondence.
Please note that the following task list is for capital projects and
many tasks related to construction management would not be
needed for private development projects, which will primarily be
inspection services.
TASK No. 1 - TEAM MEETING
To start a project off. properly, we propose a kick-off meeting with the City, designer, and other team
members to introduce our staff to City staff and to familiarize ourselves with the City's current policies
and procedures. We will establish at the outset, the lines of authority and communication,
responsibilities of team members, and requirements of other City Departments that may have
jurisdiction. The goal of this effort is to make everyone involved with the project keenly aware of the
City's organization, needs, expected business conduct, and most importantly, to provide a framework
for rapid and effective communication and resolution of issues that will arise. We will formulate
procedures after the kick -off meeting, and obtain additional input from the City to facilitate
coordination between all the entities that will be involved with a given project.
TASK No. 2 - PRE- CONSTRUCTION
Our pre- construction services include logistics, coordination and conferences with the Contractor,
City, and .other private and public entities that will be involved in the project. Prior to setting up the
pre - construction conference, Coastland will review the contract documents for relevant discussion
points, such as public safety, potential problems, changes, and miscellaneous issues. The
conference will provide other affected entities the opportunity to convey their agendas and concerns.
We will discuss project safety and establish a Public Relations program for notification and to address
the Public's questions and concerns. The pre- construction services that Coastland typically provides
are listed below.
COASTLAND CITY OF ROHNERT PARK
T R z NCNEdt JEltiNQUALILIC S P : `
CON STRUC T 10N 3Iet;:yAGF_r: 1 E N T NSi'c:CTIC)A' S E R V i C ES
EXHIBIT "A" - continued
➢ Produce pre- construction. conference invitations, agenda items, and v-1
meeting minutes. Agenda item s will include lines of communication,
public relations, safety, submittals, change procedures, payments,
progress schedules, contract time, requests for information, and
other applicable items.
➢ Take pre - construction digital photos and video of the project site and
adjacent properties.
➢ Familiarize staff with any right -of -way or right of entry issues and
secure copies of any right -of -way agreements.
Set up the project files in accordance with City standard formats for administration.
➢ Develop and distribute a project submittal log and discuss "order of work' requirements for the
contractor.
TASK No, 3 — CONFLICT RESOLUTION AND CLAIM MITIGATION
Coastland will attempt to prevent claims from being filed and resolve conflicts during construction in
order to keep the additional costs down and to minimize City staff involvement in the project.
The starting point to avoid conflicts or notice of potential claims is a clear, biddable set of plans and
specifications. If there is time before advertising, we can accomplish this with a constructability/
biddability review of the PS &E to search for problems that could lead to change orders or claims. If
Coastland can perform this review prior to bid opening, we can assist in issuing correction
addendums.
We can resolve conflicts quickly by keeping the lines of
communication open, being open and responsive with the
contractor.
In Coastland's opinion the most important meeting to foster
communications and to resolve conflicts quickly is the progress
meeting. We have found that most conflicts (or just RFI's) can be
thoroughly discussed and defused at these meetings. The key is to foster a good, working rapport
with the contractor and convince him that we can be trusted and will be honest and professional in
these negotiations with him.
COASTLAND CITY OF ROHNERT PARK
QUAL1F1 A'riw4S ";O IRON IDE 1_!:,NGI ri =;FRi.NG Di "'[CN AND
CONSTPUC'"I ION :; IAN VG I N ' 1 r SP .C'.'I'1C %N 'SEUtVICES
EXHIBIT "A" - continued
In order 'to be effective in conflict resolution, the Construction Manager and Inspector must be
intimately familiar with the project plans, specifications, the District Standards, and any nuances
specific to the project_
Coastland will maintain consistent inspection and thorough documentation of the contractor's field
activities so that we know exactly what, when, where and why an issue or conflict occurred and not
have to rely on memory or the contractor's version of what happened_
These tasks help reduce the likelihood of change orders during
construction or post- construction claims from the contractor,
however; if claims are filed at the completion of the project we will
have the documentation to assist in any negotiations.
If we cannot negotiate a resolution of a dispute and receive a
Notice of Potential Claim from the contractor, we will be ready to support the City's position.
Coastland maintains accurate and thoroughly documented project information as backup for claim
resolution. Coastland will continue negotiations while tracking and logging all correspondence, as-
built progress schedules, and other backup documentation.
TASK No. 4 - PUBLIC RELATIONS PROGRAM
Depending on the type and location of the project the following services may be provided:
➢ Set up a Hot Line if requested by the City.
➢ Prepare and distribute public notification to Public Safety, Transit Agencies, United States Post
Office, Garbage Company, and others as required.
➢ Prepare information for press releases as required.
➢ Conduct public informational meetings if required.
➢ Review and approve the Contractor's Traffic Control Plans.
➢ Log and respond to complaints in a timely manner.
➢ Record the contractor's activities as they relate to public safety, public convenience, and to
ensure that the Contractor provides the required notifications.
TASK No. 5 — CONSTRUCTION MANAGEMENT
Our goal is to ensure that construction and contract administration are performed in compliance with
City requirements and the project plans and specifications. The Construction Manager will be
responsible for complete oversight of projects, including coordination of material testing, construction
COASTLAND CITY OF ROHNERT PARK
EXIIIBIT "A" - continued
staking. We will be responsible for keeping the City informed of the progress of the project, changes
that may be needed, pay estimate input and releasing information to the public. In addition our 1A
Construction Manager will complete all "contract administration paper work" in a timely, accurate and
orderly fashion. I I ;l
Coastland uses the Expedition Contract Control Software by Primavera as a centralized system for
document control, to create, store, organize, track, and tie together project information. Expedition
has proved to be critical in providing team members with ,
information needed including submittal logs, progress payments,
RFI logs, "issue logs ", progress schedule management, contract
change order logs and "Notice of Potential Claim" Management.
TASK No. 6 - ScHEDULE MANAGEMENT
Once Coastland receives the initial construction schedule from the
Contractor, it will be reviewed for accuracy, reasonableness, and to verify that it meets time lines,
order of work, and contract requirements in the Special Provisions. Progress schedules will be
reviewed weekly to make sure the Contractor is meeting the critical dates. If he fails to meet critical
dates, it will immediately be brought to his attention and remedies
to get back on schedule will be discussed. Schedule updates may
be required once a month or more. Weekly Statements of
Working Days will be issued with care taken determining the
"Controlling Item of Work ". We will negotiate any time extensions
for the Contractor due to.change orders, weather, or other delays.
TASK NO.. 7 - DAILY FIELD INSPECTIONS AND DOCUMENTATION
Coastland will provide daily, on -site inspections of the construction activities to ensure that the
contract work conforms to the contract documents and City Standards.
We will provide documentation of the work in the form of daily reports and photographs of
construction activities. We will also document proposed change orders and claims, important
conversations, safety and issues or accidents, extra work in progress, materials testing performed,
information for "as- built" drawings, quantities for progress payments, environmental concerns and
hazardous materials. Photos and videos will be submitted to the City on a monthly basis. We will
ensure that erosion control measures will be implemented in a timely manner and in accordance with
approved erosion control plans.
OCOASTLAND CITY OF ROHNERT PARK
Q AL1F!C Tfi) "`;j , o ,,?O) Ii)' -'7: 1:1N:;IN TERINc. DESIGN AND
TASK No. 8 - MATERIALS TESTING
During construction, we propose to coordinate the required
materials testing to ensure compliance with the contract documents
and with the City's standards.
Coastland's inspector will coordinate and schedule sampling and
testing between the contractor and the materials tester. Frequency
of testing will be in accordance with the City's standards.
TASK No. 9 - CONSTRUCTION STAKING
Staking will be done in accordance with City standards
and the Contractor.
TASK NO. 10 — SUBMITTAL MANAGEMENT
EXHIBIT "A7- continued,
We will coordinate the effort with City staff.
➢ At the pre - construction conference, the contractor, will be given a Submittal Log of all required
submittals and the due dates.
➢ Submittals will be stamped, logged and distributed to the proper design consultants.
➢ We will review submittals for conformance with the contract documents.
➢ Expedition software will generate a submittal log that tracks the status, time lines, approvals, re-
submits and "ball in court" at various times during the review process.
➢ Submittals will be forwarded to the designer when appropriate.
➢ Submittals will be filed by submittal numbers and approved copies will be distributed to the City,
project members, and the contractor.
TASK NO. 11 - "REQUESTS FOR INFORMATION" MANAGEMENT
➢ The contractor will be required to submit all Requests for Information regarding the project in
writing.
➢ Using Expedition software, the Construction Manager will generate the RFI form that has the
request on top of the form and eventually the answer on the bottom. If the RFI results in a change
order, it will be linked into the change order log using this software.
➢ If the Construction Manager cannot answer the RFI himself, he will forward it on to the designer.
The Construction Managers will make sure that the designer responds to the RFI in a timely
manner.
➢ The Construction Manager will generate a weekly RFI log that lists the "Ball -in- court', status,
description, and if an RFI results in a potential change order.
COASTLAND CITY OF ROHNERT PARK
NS TO PROVIDE GIN E2ING ��Iitii � I) QI ALIFICATIO
CONSTRUCTION IINIANWGENIENT / I'rSPic'rION SERVICES
EXHIBIT "X'- continued g
I�
TASK No. 12 - CHANGE ORDER MANAGEMENT
➢ In addition to reviewing the bid documents and field conditions, our Construction Manager will use
RFI Logs, Field Directive Logs, Potential Change Order Logs, meeting minutes, and discussions
with the City representatives, to determine if a Change Order (CO) is warranted.
➢ If a change order is warranted, the Construction Manager will negotiate with the Contractor to
produce the best construction method for the change at the lowest cost.
➢ We will coordinate design - related change orders with the Design Team.
➢ Unless the City desires their own format, the Change Order
will be generated with the Expedition format with the
appropriate City, Contractor and Coastland signature lines. �' M
➢ An Expedition Change Order Log will be created that will
show Change Order number, description, status, approved ;
date, start and completion dates and cost.
TASK No. 13 - PROGRESS PAYMENT MANAGEMENT
➢ The Construction Manager will request a breakdown of lump sum items from the Contractor as
needed.
➢ We will check the Special Provisions regarding maximum bid amounts for certain lump sum items
and the requirements regarding payment for materials on
hand.
➢ Coastland inspectors will field measure and record quantities
of work and materials and change order pay records will be
maintained.
➢ On a monthly basis, Coastland will prepare and process
payment recommendations to Public Works.
TASK NO. 14 - MEETINGS
➢ In addition to the pre- construction meeting, Coastland will conduct utility coordination meetings,
and progress meetings, including preparing invitations, agenda and minutes.
➢ The progress meetings will include discussions on progress schedules, delays to the work,
changes, pay estimates, public relations, safety, utility relocation work, submittals, RFI's and other
critical issues.
➢ We work to foster honest, open communication at these weekly meetings which helps in timely
resolution of disputes and potential claims.
COASTLAND CITY OF ROHNERT PARK
QUAJ.7F,t: "N iN5 "i'O �' R0 1D3 , �1N .1NErz ii�G DFs[(iN A ID
{'ONS"1R CTIO N i.iNspF.C. `ION -SER 'iCEs
:a
EXHIBIT "A" - continued
TASK NO. 15 - REPORTS
It is important to keep the City informed regarding public relations, progress of the work and costs of
the project_ We will keep the City informed and document all construction issues as follows:
Daily Inspection Reports
➢ Progress Meeting Minutes
➢ Weekly Progress Report if required
Monthly Status Report if required
A
➢ Final Project Report
The Monthly Status Report will provide the City with information on construction activities for the
month, change order cost summary, pay estimate cost summary and contract time summary.
TASK NO. 16 - PROJECT CLOSEOUT
i
The Inspector will keep a "record set" drawings to document changes from original design plans.
Once construction is completed to the satisfaction of the City, we
will compile all pertinent files and related information for
permanent record for the City, including logs, operations and
maintenance manuals., and start-up documentation. We can .
furnish the City with the following:
➢ Record drawings
➢ All contract files and records
➢ Final report
COASTLAND CITY OF ROHNERT PARK
QUALIFICATIONS''r 3 DESIGN AND
CONSTRUCTION MANAGEMENT/ INSPECTION SERVIC3 S
EXHIBIT "A ', continued
i3
CONNSTRUI.-TION' M__ -A
T
With the largest construction management and inspection team in Sonoma, Mendocino, Napa and
Lake Counties, Coastland manages and inspects over $35 million of public construction contracts
(CIP and private development) annually in the North Bay. Coastland's staff understands public
contract and construction law and we know that team effort, leadership, and commitment are
essential to delivering complex public works projects.
To serve the needs of the Public Works Department, we will provide top- quality construction
management and inspection services and we are actively recruiting and training additional personnel
in anticipation of Public Works' capital improvement challenges that lie ahead.
Figure 2: Construction Management / Inspection Team Organization Diagram
Public Works Department
Darrin Jenkins, PE
City Engineer / Public Works Director
and QA/QC
Paul Klassen, PE
Construction Services Manager Chief Operating Officer
Gene Harris
Construction Management
Mike Janet
Steve Cleveland
Rick Brandes
Reuben Jacobsen
Gene Harris
Construction Inspection
Steve Cleveland
Mike Janet
Ray Jacobs
Reuben Jacobsen
Mark Stinson
Rick Brandes
Mike Lawson
Bart Myklebust
Rich Gordon
Wally Kolb
Kris Kuntz
John Mountain
COASTLAND CITY OF ROHNERT PARK
'.ONSTRIJC J MN �'� � GE-M NT; INSPi?f'T ON SERVICES
EXIIUBIT "B"
COMPENSATION RATES AND CHARGES
8
84380lv4 80078/0012 JH- S:05 -g
EXHIBIT "B"
Coastland's current Schedule of Hourly Rates is below. It is our understanding that the exact Scopes of
Work and associated fees Will be determined upon assignment of projects. This fee schedule includes
each position classification required, and all reimbursable fees and. expenses.
= SGI�EDUL- E- OF- HOITiti;�'-�tATES
July 01, 2007 through June 30, 2008
PROFESSIONAL SERVICES
Principal Engineer
$155- 175/hour
Supervising Engineer,
$130- 145/hour
Senior Engineer
$100- 135/hour
Associate Engineer
$90 -1 10/hour
Assistant Engineer
$75- 95/hour
Junior Engineer
$70 -85 /hour
Principal Designer
$90-130/hour,
Engineering Assistant
$90 -115 /hour
Senior Engineering Technician
$80 -95 /hour
Engineering Technician
$70- 85/hour
Engineering Aide
$50 -70 /hour
Resident Engineer
$100- 140/hour
Construction Manager
$100- 135/hour
Construction Inspector's
$85 -110 /hour
Building Official
$110 -135 /hour
Building Plan Check Engineer
$100- 135 /hour
Building Inspector
$80 -95 /hour
Plans Examiner
$85- 110/hour
Building Technician
$65 -80 /hour
2 -Man Survey Crew
$180- 200 /hour
CLERICAL
$50 -70 /hour
VEHICLE.
$10- 14/hour
MILEAGE
$0.60 /mile
OUTSIDE SERVICES
Cost+ 15%
MATERIALS
Cost + 15%
• Computer time is included in the hourly rates used above.
• Consultation in connection with litigation and court appearances will be quoted separately.
• Additional billing classifications may be added to the above
listing during the year as new positions
are created.
Includes services subject to prevailing wage rates.
EXHIBIT "C"
INSURANCE REQUIREMENTS
9
843801 v4 80078/0012
JH- S:05 -g
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 01 or the exact equivalent. Defense. costs must be paid in addition. to limits. There shall be
no cross liability exclusion for claims. or suits by one insured against another. Limits are subject to,
review but in no event less than $2,000,000 per occurrence. .
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any
Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000
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 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Any such coverage
provided under an umbrella liability policy shall include a drop down provision providing primary .
coverage above a maximum $25;000 self - insured retention for liability not covered by primary but
covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There shall be no
cross liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of 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 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 per claim and in the aggregate.
The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's
duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
10
843801v4 80078/0012 JH- S_05 -g
carriers in the state of California and with an A.M_ Bests rating of A- or better and a rrainirnun2
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 elected officials, employees and
agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992.
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 worker's compensation policy is to be endorsed with a waiver of subrogation. The ,
insurance company, in -its endorsement, agrees to waive all rights of subrogation against the
City, -its officers, officials, employees and volunteers for losses.paid under the terms of this
policy which arise from the work performed by the named insured for the City.
4. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations limits the application
of such insurance coverage.
5. None of the coverages required herein will be in compliance with these requirements if they
include any limiting endorsement of any kind that has not been first submitted to City and-
approved of in writing.
6. No liability policy shall contain any provision or definition that would serve to eliminate so-
called "third party action over" claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
7. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in
scope of coverage (e.g. elimination of contractual liability or reduction of discover_ y period)
that may' affect City's protection without City's prior written consent.
8. Proof of compliance with these insurance requirements, consisting of certificates of- insurance
evidencing all of the coverages required and an additional insured endorsement to
Consultant's general Iiability 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:
11
843801A 80078/0012 7H- S:05 -g
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 mail written notice of
cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by 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 performance 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 terminated 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
term of this Agreement have been renewed or replaced with other policies providing at least
12
843801v4 80078/0012 JH- S:05 -g
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 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 employees, officials and agents.
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`'agamst 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.
13
843801v4 80078/0012 JH- S.:05 -g
+ P
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am Ak and a duly
authorized representativ of the firtnof,( t
whose address is and that
neither I nor the above firm I he e repre ent 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
criminal and civil. I
agr \Consult.
applicable State and Federal laws, both
14
843801v4 80078/0012 JH- S_05 -g