2006/02/14 City Council Resolution (5)RESOLUTION NO. 2006 -45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH
BERRYMAN & HENIGAR, INC.
FOR ENGINEERING PLAN AND MAP CHECKING SERVICES
WHEREAS, the City desires to obtain engineering plan and map checking services; and
WHEREAS, Berryman & Henigar, Inc. submitted a proposal indicating they have the
experience and expertise to provide said services; and
WHEREAS, Berryman & Henigar, Inc. provides similar services to the City for building
plan checking.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that an agreement with Berryman & Henigar, Inc. for engineering plan and map
checking services is approved, and the City Manager is authorized to execute this
agreement in substantially similar form to the attached agreement for and on behalf of the
City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 14`" day of Februaa, 2006
/,ATTEST:
City Clerk p
City o ohnert Park
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement is made and entered into on this date, February 14, 2006, by and between
the City of Rohnert Park, hereinafter referred to as the "City," and Berryman & Henigar, Inc.,
hereinafter referred to as the "Consultant."
WHEREAS, the City requires engineering plan review and map check 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 Proposal to Provide Civil Engineering Plan Review and Map Check Services, dated December
30, 2005 attached as Exhibit "A" within the time frames stated therein.
2. COORDINATION. Consultant shall assign to
personally participate in said project 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 Fee Schedule attached as Exhibit "B."
B. Consultant shall submit itemized statements for work performed. City shall
make any payment due within thirty (30) days after approval of the invoice by City. Said payments
to be made upon completion of agreed upon work, or in proportion to services performed as agreed
upon by the Consultant and the City Engineer, or designee.
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.
4. TERM. The term of this Agreement shall be from the date of its execution until the
completion of the work contemplated by this Agreement and its final acceptance by City 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: ENGINEERING DIVISION
CITY OF ROHNERT PARK
6750 COMMERCE BOULEVARD
ROHNERT PARK, CA 94928
TO CONSULTANT: TODD BAILEY
BERRYMAN & HENIGAR, INC.
6150 STONERIDGE MALL ROAD, SUITE 370
PLEASANTON, CA 94588
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.
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 relating 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 sole 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. .
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.
24. ATTORNEY FEES, APPLICABLE LAW AND FORUM. In the event either party
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.
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 parry 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 ROMERT PARK: CONSULTANT:
By: / By:
Name: (Date) Name: (Date)
Title: Title:
Per Resolution No. adopted By:
by the City Council on Name: (Date)
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Acity Attorney
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EXHIBIT "A
SCOPE OF WORK
AND
SCHEDULE OF PERFORMANCE
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December 30, 2005
City of Rohnert Park
Engineering Department
Attn: Richard F. Pedroncelli
6750 Commerce Boulevard
Rohnert Park, CA 94928 -2486
SUBJECT: PROPOSAL TO PROVIDE CIVIL ENGINEERING PLAN REVIEW AND
MAP CHECK SERVICES
Dear Mr. Pedroncelli:
Bureau Veritas /Berryman & Henigar (BV/BH) is pleased to submit the enclosed proposal to
provide Civil Engineering Plan Review and Map Check Services for the City of Rohnert Park.
We have also included in this proposal information on our extensive design, construction
management, and field inspection experience and capabilities for your consideration. As you
review our proposal, we would like to draw your attention to the following benefits:
• Unsurpassed Plan Check and Map Check Expertise. BV/BH offers 27 years of public
agency as- needed plan check and map check expertise. Our long- standing plan check
relationship with over 20 California agencies is a testament to our ability to provide high
quality plan review services. We are presently providing as- needed plan check support
services to the Cities of Sacramento, East Palo Alto, Pleasant Hill, Oakley, Elk Grove, Galt,
Merced, and several counties.
• Dedicated Civil Plan Review Specialists. BV/BH's dedicated civil plan check engineers
will verify that plans and calculations comply with codes, standards, conditions of approval,
Clean Water Act requirements, and engineering standards of practice, as well as review for
maintainability and constructability. Our plan checkers place the review process as their
highest priority and will deliver the highest quality of checks possible.
• Electronic Plan Review Capability. Using BV/BH's electronic document submittal and
archiving (EDSA) digital workflow program, our plan reviewers are equipped to perform plan
reviews electronically if so desired by the City.
Our Team members have worked with local governments performing civil engineering services for
many years in several North Bay and Sacramento area jurisdictions including the City of Mill Valley,
Town of Corte Madera, City of Santa Rosa, City and County of Sacramento and the Sacramento
Regional County Sanitation District (SRCSD).
BV /BH is confident that we can provide the City of Rohnert Park with the same responsive, quality
services we have provided to other local jurisdictions in California for over twenty years. Our Team
truly appreciates the necessity for obtaining positive results when undertaking public construction and
understands what is required to deliver a timely and cost effective project.
Berryman & Ilenigar, Inc.
A Bureau Veritas Company
6150 Stoneridge Mall Road, Suite 370
Pleasanton, CA 94588
Alain: (925) 468 -7400
Fax: (925) 468 -7413
If you have questions or need any additional information, please do not hesitate to contact me at
(925) 468 -7400 or by email: todd .bailey @us.bureauveritas.com.
Sincerely,
Bureau Veritas / Berryman & Henigar
Todd Bailey, P.E.
Project Manager
i SCOPE OF SERVICES
0 BV/BH provides civil engineering plan review
services to Jurisdictions. Plans are reviewed
for compliance with Jurisdiction requirements
and grading quantities are verified for
accuracy. Plans are further evaluated in
' relationship to hydrology calculations and
proper site drainage. In addition, plans are
1 evaluated for compliance with adopted NPDES
` standards, related BMP's, and erosion control
measures. Our civil construction services are
performed by highly qualified and experienced
construction inspectors. Based on our
1 workloads, our staff will be available to work in
your jurisdiction providing construction
inspection support on a mutually agreed upon
standing schedule.
Grading Plan Review
In our plan check procedure, project plans are
thoroughly reviewed under the supervision of a
registered civil engineer. The plan check
manager signs a statement of responsible
charge, stating compliance with Jurisdictions'
requirements, and review in consideration of
standard engineering practices. The
suggested tasks of the plan checker are as
follows. The actual review may include all
or part of the tasks depending on the
project. (These tasks may be amended and
finalized in conjunction with the City's
established procedures).
General Tasks
• Review plan sets for conformance with
the project's conditions of approval,
tentative map and City standards
• Check plans for clarity, general
acceptability, format and completeness
• Check ties, general mathematics and
design criteria
• Check plans against associated
easement documents, subdivision or
parcel maps, right -of -way documents,
and title reports
• Review proposed drainage patterns
against existing drainage patterns,
checking for diversion
• Review plans for compliance with
previous comments and correction of
previous discrepancies
• Review general notes, title block,
signature block, benchmark data,
quantities, basis of bearings and other
general title sheet requirements
• Check for underground alert notification
requirements in plans
• Summarize plan check comments and
submit a written correction list to the City
• Obtain approvals from other
departments /outside agencies, if required
• Compare the various plans to verify that
there are no significant discrepancies
Improvement Plan Review
• Check plans for compliance with general
design criteria established by City
standards for streets, curbs, gutters,
sidewalks, street lights, approaches, storm
drain and flood control systems,
underground water and sewer utilities,
signing and striping
• Check plans against improvements
required by subdivision resolution and
tentative map
• Check data shown on plan against
significant record data (previously approved
plans)
• Check sight distance, line -of -sight and
possible need for clear space easements
• Review pavement structural section for
compliance with soils report
recommendation
• Review hydrology /hydraulic study against
storm drain system; check street
capacities, pipe capacities, hydraulic grade
SCOPE OF SERVICES
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Berryman & Henigar
lines, velocities, inlet or outlet control and
other hydraulic factors
• Compare storm drain systems, water and
sewer utilities with the City's master plan
• Review plans for possible utilities conflicts
• Check bonding estimate against plans
Grading Plan Review
Review plans for conformance with soils
report
' ■ Review plans for compliance with City
codes and ordinances
■ Review hillside setback distances
■ Review for location of terraces, interceptor
drains and brow ditches
1 • Review for daylight lines and cut/fill
! transition lines to make sure finished grade
properly meets existing grade, and top and
! toe of slopes are properly shown
1 ■ Review for requirements for permission to
grade letters for offsite grading
I • Review erosion control at outlets for storm
drain and freeboard at inlets
• Review erosion control plans for
compliance with Best Management
Practices
■ Review driveway slopes for minimum and
maximum slopes
■ Review side yard and rear yard cross
sections
l • Review pad, finished floor, HP elevation
1 and minimum /maximum slope of swales
i ■ Review extra depth footing location and
depth and utility lateral locations
• Compare grading plan with improvement
I. plans
Subdivision Map Review
I
Subdivision maps are reviewed under the
supervision of a licensed land surveyor for the
procedure of survey, mathematical closure,
I compliance with the Subdivision Map Act, the
Land Surveyor's Act, the tentative map, the
conditions of approval, and a current title, report.
Some of the specific items that are reviewed or
checked are as follows:
U. Title sheet format and certificates
• Current legal description (consisting of title
report and T.M.)
• Correct assessors parcel being subdivided
(per title report and T.M.)
• Closure of subdivision boundary and
individual lots against traverse
• Closure of easements and right -of -way
against traverse
• Verify lot areas against traverse
• Correct mathematics
• Clarity of drafting
• Proper delineation and identification of
record data
• All appropriate data in title report shown on
map
• Proper reference to adjacent recorded
maps and ties thereto
• Proper reference and ties to found /set
monumentation
• Minimum lot sizes meet requirements of
zoning or T.M.
• Calculated, recorded, and measured
distances agree, or variance noted on the
map
• Subdivision or parcel map in substantial
conformance with T.M.
• On -map items identified by the subdivision
resolution are properly satisfied
• Boundary tied to California Coordinate
System, where required
• Verify ownership shown on map against
title report
We will ensure that all construction documents,
including various drawings and calculations,
comply with codes, standard conditions of
approval, tentative map, and your agency's
standards of practice. We can also offer value -
added and ancillary services, including map
checking and technical support on drainage
planning,
design, and
water quality
issues.
SCOPE OF SERVICES
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Berryman & Henigar
BV /BH Construction Management Services
Group includes over 60 engineers,
construction managers, resident engineers,
office engineers, contract administrators,
inspectors, schedulers, and materials testers
who have administered public works,
water /flood control, utilities, and building
projects for all levels of government throughout
the western United States.
We can provide experienced inspection and
construction administrators for as- needed,
part- time /short -term to full- time /long -term
contract assignments, and frequently operate
as an extension of the client's staff. The
primary goal of any construction project is to
deliver a high - quality product completed within
the scheduled period of time, without
unnecessary costs or time - consuming claims.
The principal responsibility of the Construction
Manager is to develop a system and a program
for controlling the construction process such
that these objectives are accomplished.
Our experienced Project Team has developed
a methodology for construction management
including quality control, reporting, schedule
control, documentation and document control
procedures that have been time - proven in over
$300 million worth of construction projects.
Our staff is cross - trained to provide many
services for maximum flexibility,
projects.
BV/BH provides full construction inspection
services for agencies. All inspection services
are provided by highly qualified and
experienced construction inspectors. We can
provide inspection services for a single project
that may be complex or unique due to its type
of construction or size; or we can provide staff
to handle all inspection services for an agency.
In either case, our staff understands that they
represent the agency and are committed to
provide the highest level of customer service
possible while ensuring that work is in
conformance with the requirements of the
agency and applicable codes.
Based on our workloads, our staff will be
available to work in your jurisdiction providing
construction inspection support on a mutually
agreed upon standing schedule.
Roadway and Utility Design
Our Project Team provides utility, roadway and
pavement rehabilitation design, and related
services. We have successful working
relationships with municipal clients and
roadway related agencies including Cities,
Counties, Caltrans, and MTC. Our services
include:
SCOPE OF SERVICES
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Preliminary Studies including: analysis of
alignment alternatives, site investigation
(inspection and evaluation of existing
conditions), and data collection.
Identification and resolution of issues
involving drainage (hydraulic analyses),
traffic (flow, rerouting, calming), utilities,
landscape, etc.
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■ Preliminary and final design plans,
' specifications and cost estimates
■ Base drawing preparation
Drainage (Hydraulic and hydrologic)
investigations
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Creek culverts
■
Sound walls / noise barriers
■
Retaining walls
■
Team management (landscape architects,
geotechnical engineers, pavement
deflection testing, materials testing, etc.
`
including team meetings with affected
'
agency and other applicable agency staff)
■
Efficient communication with City staff
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Utility coordination
1 ■
Community liaison
■
Permit acquisition
■
Presentations at City Council meetings
1
and other public gatherings
■
Funding assistance
■
Preparation of bid documents
■
Bid and award process assistance
■
Contract administration
Drainage System Services
Our staff has assisted local governments with
the operations, design and regulation of
stormdrain systems. Members of our staff have
served as city engineers for various cities in
the Northern California area. In that capacity,
our team has established procedures to map
and identify stormdrain facilities, including
pipes, stormdrain structures, channels, creeks,
and detention basins.
Master plans were created to identify the
current and anticipated capacity of the
stormdrain systems. Capital improvement
programs for drainage systems were
established and brought to council for
approval. Mapping and identification reports
were used to help the maintenance staff create
a structured and methodical maintenance
procedure. As NPDES regulations have
evolved, these same documents have been
used to help the local governments comply
with their permit regulations.
Our staff has remained current on new NPDES
permit requirements and has assisted the cities
of Pleasanton and Emeryville with the review
of developments for compliance with the new
C.3 permit procedures.
Our staff has designed stormdrain systems for
large subdivisions and for local governments
throughout northern California. The work has
utilized rational analysis (through the use of
StormCad and manual
techniques), unit
hydrographs (through the
use of HEC -HMS) and
hydraulics (through the
use of HEC -RAS and
other methods) for the
design of collection
systems and detention
basins; and the analysis
of receiving streams and
rivers.
Pavement Rehabilitation and Management
Systems
Our Public Works staff has developed expertise
in pavement rehabilitation projects and
Pavement Management Systems (PMS). We
can perform site specific, local and citywide,
design and construction administration
management services, pavement condition
analyses for new and rehabilitation projects,
including roadways, parking lots, bike and
pedestrian trails. We assist municipalities with
asset
SCOPE OF SERVICES
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management
including
pavement,
signing and
striping, and
work order
management.
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1 Performance of Reviews Electronic Document Submittal and Archive
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BV/BH has implemented procedures that
facilitate making a quality service available to
you. BV/BH can provide pre - labeled mailing
bags for use by City staff and can provide
overnight courier service that will facilitate
pickup and delivery. For larger projects, we
can perform the initial plan check at our office,
and, at completion, review the plan check with
your Engineering Department at your location.
Subsequent rechecks can be coordinated
directly between the plan checker and
developer's engineer as the City directs.
The plan check staff maintains a Jurisdictional
Information Sheet (example available on
request) that addresses all pertinent
information needed by the plan check staff
such as ordinance and design
manuals /standards required, plan format,
approval format, fee structure, method of
transmittal, contact person and any special
policies. Changes made by the City are
incorporated and redistributed to all staff with
the updated amendments.
BV/BH will strive. to maintain efficient
turnaround times on all reviews since this is
largely a measurement of our performance. It
is one of the categories on our questionnaire,
which is given to our applicants.
BV/BH has established procedures and
infrastructure for the electronic submittal of
plans and documents using Adobe Acrobat
Professional. Utilizing electronic documents
for plan and document submittals decreases
the time and cost associated with the transport
and delivery of paper documents. Secure
online methods of file transfer (FTP) of
Portable Document Format (PDF) files allow
for the seamless integration of electronic
documentation into the plan review workflow,
and _ authentication and accountability with
electronic signatures and approvals. This is
especially critical on large scale projects where
efficiently managing, tracking, and reviewing
documents are crucial in meeting schedules.
BV/BH is able to review materials up to 95%
faster —in hours instead of days or weeks while
at the same time, significantly reducing
document management costs for large
projects.
EDSA was submitted for several national
competitions and received the Merit Award in
CELSOC's 2006 Engineering Excellence
Award Competition. It was also heralded as
Adobe's Success Story of the Year.
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BV/BMs PlanTrackPartnerTm — An Online
Tracking System
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A value added tool we can provide to clients is
our PlanTrackPartnerTM system. This system
allows our clients to track the status of plans
and inspection approvals throughout the
construction process via a secure Internet site.
We have found online project management
and collaboration to be extremely helpful in
both the design and project review phases of
projects by augmenting the communication
process and keeping all members informed by
the click of a button.
Each team member is given a user name and
password that allows access to the system.
Our plan reviewers also have access to the
site for collaboration purposes. Built -in
software viewers allow the team members to
view plan review submittal information without
having any additional software on their
computers. This allows our Project Manager to
coordinate with any member of the team by
phone or in person, referring to detailed
aspects of the project by accessing the site
with them. Once the system is accessed, the
user can see where their plans are in the plan
review process, who is reviewing them, when
they are due to be finished, and the preliminary
comments. We have found this to be a
valuable way to maintain present information
and project history.
As you can see on the screenshots, the
website interface is set up to be user friendly.
The labeled buttons on the right side of the
screen provide access to delivery and
document status and stakeholder information
is displayed on the left side of the screen. We
have set up the City with access to sample
data for your evaluation. The following is the
weblink, username, and password information
needed to access the website. Please feel
free to contact our office if you have any
questions regarding the use of
PlanTrackPartner.
http : / /plantrack.uslaboratories.com
username: sampleuser
password : sample
SCOPE OF SERVICES
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EXHIBIT "B"
COMPENSATION RATES AND CHARGES
FEE SCHEDULE
1 Classification Hourly Rate
1 Principal 175.00
Project Manager 145.00
1 Project Engineer 135.00
1 Senior Engineer 125.00
Electrical Engineer 120.00
1 Plan Check Engineer IV 115.00
1 Plan Check Engineer III 100.00
Plan Checker II 95.00
1 Certified Electrical Plans Examiner 85.00
Construction Inspector 80.00
1 Survey Manager 145.00
1 Project Surveyor 135.00
1 Associate Office Surveyor 110.00
Assistant Office Surveyor 95.00
► 3 -Man Crew 260.00
2 -Man Crew 205.00
1 -Man Crew 110.00
1
1 Permit Specialist 55.00
i Clerical / Word Processing 45.00
I
Professional Reimbursement
The hourly billing rates include the cost of salaries of the BV/BH employees, plus sick leave,
I vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect
I overhead costs and fee (profit). All employees classified as "non- exempt" by the U.S. Department
of Labor will be compensated at 1 -1/2 times salary, as per State and Federal wage and hour laws.
Billing rates will be calculated according for these overtime hours.
i
I Communication Fee:
Project Labor times 3.0% which includes telecommunications, faxes, standard U.S. Mail, mobile
phones, and internet access and hardware.
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at
cost plus fifteen percent for items such as:
a. Maps, photographs, reproductions, printing, equipment rental and special supplies related
to the work.
b. Consultants, soils engineers, surveyors, contractors, and other outside services.
FEE SCHEDULE
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c. Rented vehicles, local public transportation and taxis, travel and subsistence.
d. Specific telecommunications and delivery charges.
e. Special fees, insurance, permits, and licenses applicable to the work.
f. Outside computer processing, computation, and proprietary programs purchased for the
work.
Reimbursement for employee -owned vehicles used in connection with the work will be at the rate
of $0.50 per mile.
Other in -house charges for prints, reproductions and equipment use, etc. will be at standard
company rates.
The foregoing Schedule of Charges Is incorporated into the agreement for the services provided,
effective January 1, 2006 through December 31, 2006, and will be adjusted thereafter.
FEE SCHEDULE
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EXHIBIT "C"
INSURANCE REQUIREMENTS
EXHIBIT C
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees or
subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form
CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,
code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
I. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage including operations, products and completed operations. If
Commercial General Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self- Insured Retentions
Any deductibles or self - insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured
retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as insureds
with respect to liability arising out of automobiles owned, leased, hired or borrowed by or
on behalf of the contractor; and with respect to liability arising out of work or operations
performed by or on behalf of the Contractor including materials, parts or equipment
furnished in connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance, or as a separate
owner's policy.
Insurance Requirements in Contracts J49 Revised 7/00
Per REMIF Binder, Chapter Five, Exhibit 5
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees and volunteers.
Any insurance of self - insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not contribute with
it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall
not be canceled by either party, except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Waiver of Subrogation
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, officials, employees and volunteers for losses paid under the terms of this policy which
arises from the work performed by the named insured for the City.
NOTE: You cannot be added as an additional insured on a worker's comp policy.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting
coverage required by this clause. The endorsements should be on forms provided by the City or on
other than the City's forms, provided those endorsements or policies conform to the requirements. All
certificates and endorsements are to be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
Insurance Requirements in Contracts 3-50 Revised 7/00
Per REMIF Binder, Chapter Five, Exhibit 5
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
agr \Consult.
Signature