2013/09/10 City Council Resolution 2013-129RESOLUTION NO. 2013 -129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT FOR THE EAST SIDE TRUNK
SEWER PHASE II PROJECT NO. 2007-02 WITH GHD FOR CONSTRUCTION
MANAGEMENT SERVICES
WHEREAS, On June 25, 2013, Council directed staff to proceed with the construction
of the East Side Trunk Sewer Project No. 2007 -02 ( "Project ");
WHEREAS, on July 12, 2013, staff issued a Request for Proposals ( "RFP ") for the
Project to identify a qualified consultant that can assist the City with the construction
management of the Project;
WHEREAS, the City received four proposals on August 8, 2013; and
WHEREAS, the City project team chose GHD for an award of contract due to their (1)
quality of team and ability to staff the Project, (2) experience and expertise in this particular type
of work, (3) Public outreach plan and (4) understanding of the Project as demonstrated in the
selection process.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rohnert
Park authorizes and approves an Agreement by and between GHD, a California corporation, and
the City of Rohnert Park, a municipal corporation, for design review and value engineering and
construction management and related services for the East Side Trunk Sewer Project No. 2007-
02, for a not -to- exceed cost of $845,900.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute such an Agreement in substantially similar form to Exhibit A, which is
incorporated herein by this reference, subject to minor modification by the City Manager and
City Attorney, on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City
of Rohnert Park this 10 "' day of September 2013.
ATTEST:
I
d,% F ,
Anne Buergler, City Clem
(19
Attachment: Contract
CITY OF ROHNERT PARK
i
Pam Stafford, Mayor VA3
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AHANOTU:NeBFLFORTL: MACKE,NZIE: 0iYE CALIANAN:_PiYC-— STAFFORD: two
AYES: ( 5 ) NOES: ( 0 ) ABSENT: ( O ) ABSTAIN: ( 0 )
City of Rohnert Park
130 Avrani Ave.
Rohnert Park, CA 91928
DESIGN PROFESSIONAL SERVICES AGREEMENT
RE: EAST SIDE TRUNK SEWER CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT is entered into as of the 101" day of September, 2013, by and between the
CITY OF ROHNERT PARK ("City"), a California municipal corporation, and GI-ID, Inc.,
( "Design Professional "), a California corporation.
Recitals
WHEREAS, City desires to obtain construction management services in connection with
East Side'ITrunk Sewer Project No. 2007 -02; and
WHEREAS, Design Professional hereby represents to the City that Design Professional is
skilled and able to provide such services described in Section I of this Agreement; and
WHEREAS, City desires to retain Design Professional pursuant to this Agreement to
provide the services described in Section I of this Agreement,
Agreement
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. Subject to such policy direction and approvals as the City may
determine from time to time, Design Professional shall perform the services set out in the "Scope
of Work and Schedule of Performance" attached hereto as Exhibit A.
2. Time of Performance. The services of Design Professional are to commence upon
receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
satisfactory evidence thereof, to City. The services of Design Professional are to be completed
not later than December 31, 2014, Design Professional shall perform its services in accordance
with the schedule set out in the "Scope of Work and Schedule of Performance" attached hereto
as Exhibit A. Any changes to the dates in this Section or Exhibit A must be approved in writing
by the City.
3. Conil)nsation and Method of Pa t1y cent.
A. Compensation. The compensation to be paid to Design Professional,
including both payment for professional services and reimbursable expenses, shall be at the rate
and schedules attached hereto as Exhibit B. However, in no event shall the amount City pays
Design Professional exceed Eight Hundred Forty -five Thousand Nine Hundred Dollars and no
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cents ($$45,900,00). Payment by City under this Agreement shall not be deenied a waiver of
unsatisfactory work, even if such defects were known to the City at the time of payment.
B. Timing of Payment.
(1) Design Professional shall submit itemized monthly invoices for
work performed. City shall make payment, in full, within thirty
(3 0) days after approval of the invoice by City.
(2) Payments due and payable to Design Professional for current
services must be within the current budget and within an available,
unexhausted and unencumbered appropriation of the City. Itt the
event the City has not appropriated sufficient funds for payment of
Design Professional services beyond the current fiscal year, this
Agreement shall cover only those costs incurred up to the
conclusion of the current fiscal year; payment for additional work
is conditional upon future City appropriation.
C. Changes in Compensation. Design Professional will not undertake any
work that will incur costs in excess of the amount set forth in Section 3(A) without prior written
amendment to this Agreement.
D, Standard of Quality. City relies upon the professional ability of Design
Professional as a material inducement to entering into this Agreement. All work performed by
Design Professional under this Agreement shall be in accordance with all applicable legal
requirements and shall meet the standard of duality ordinarily to be expected of competent
professionals in Design Professional's field of expertise,
E. Taxes. Design Professional shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance contributions,
Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes; or
other taxes or assessments now or hereafter in effect and payable by reason of or in connection
with the services to be performed by Design Professional.
E. No Overtime or Premium Pay. Design Professional shall receive no
premium or enhanced pay for work normally understood as overtime, i,e,, hours that exceed forty
(40) hours pet work week, or work performed during non - standard business hours, such as in the
evenings or on weekends, unless specifically required by the applicable task order and authorized
by City in writing. Design Professional shall not receive a premium of enhanced pay for work
performed on a recognized holiday. Design Professional shall not receive paid time off for days
not worked, whether it be in the form of sick leave, administrative leave, or for any other forth of
absence.
G. Litigation Support. Design Professional agrees to testify at City's request
if litigation is brought against City in connection with Design Professional's report. Unless the
action is brought by Design Professional or is based upon Design Professional's negligence, City
will compensate Design Professional for the preparation and the testimony at Design
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Professional's standard hourly rates, if requested by City and not part of the litigation brought by
City against Design Professional.
4. Amendment to Scone of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the Design Professional. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either Harty to the Agreement. Failure of the Design Professional to secure City's written
authorization for extra or changed work shall constitute a waiver of any and all right to
adjustment in the contract price or time due, whether by way of compensation, restitution,
quantum meruit, etc, for work done without the appropriate City authorization.
5. Duties of City. City shall provide all information requested by Design
Professional that is reasonably necessary to performing the Scope of Work. City retains all rights
of approval and discretion with respect to the projects and undertakings contemplated by this
Agreenrcnt.
6. Ownership of Documents.
A. The plans, specifications, estimates, programs, reports, models, and other
material prepared by or on behalf of Design Professional under this Agreement including all
drafts and working documents, and including electronic and paper forms (collectively the
"Documents "), shall be and remain the property of the City, whether the Services are completed
or not. Design Professional shall deliver all Documents to City, upon request at (1) the
completion of the Services, (2) the date of termination of this Agreement for any reason, or (3)
request by City in writing, or (4) payment of all monies due to Design Professional.
B. The Documents may be used by City and its officers, elected officials,
employees, agents; and volunteers, and assigns, in whole or in part, or in modified form, for all
purposes City may deem advisable without further employment of or payment of any
compensation to Design Professional, If City desires to modify Documents before using them,
City shall obtain written consent from Design Professional for any such modification, and such
consent shall not unreasonably be withheld. If City modifies Documents without obtaining
written consent from Design Professional, Design Professional shall not be liable to City for any
damages resulting from use of such modified Documents, provided that the Design Professional
was not a proximate cause of such damages.
C. Design Professional retains the copyright in and to the intellectual property
depicted in the Documents subject to Design Professional's limitations and City's rights and
licenses set forth in this Agreement. City's ownership interest in the Documents includes the
following single, exclusive license from Design Professional: Design Professional, for itself, its
employees, heirs, successors and assigns, hereby grants (and if any subsequent grant is necessary,
agrees to grant) to City an irrevocable, perpetual, royalty -free, fully paid, sole and exclusive
license and right to use and exercise any and all of the copyrights or other intellectual property
rights that Design Professional may author or create, alone or jointly with others, in or with
respect to the Documents, including without limitation all analysis, reports, designs and graphic
representations. City's license shall include the right to sublicense, shall be for all purposes with
respect to each right of copyright, and shall be without restriction.
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D. Design Professional shall include in all subcontracts and agreements with
respect to the Services that Design Professional negotiates, language which is consistent with this
Section 6.
E. All reports, information, data, and exhibits prepared or assembled by
Design Professional in connection with the performance of its Services pursuant to this
Agreement are confidential until released by the City to the public, and the Design Professional
shall trot make any of these documents or information available to any individual or organization
not employed by the Design Professional or the City without the written consent of the City
before any such release, This provision shall not apply to information that (1) is already in the
public domain, (2) was previously known by Design Professional, (3) Design Professional is
required to provide by law, or (4) reasonably required by Design Professional to conduct its
defense in a legal or similar proceeding, so long as Design Professional notifies City in writing
before use of such information.
7, Employment of Other Design Professionals, Specialists or Experts.
A. Design Professional will not employ or otherwise incur an obligation to
pay other consultants, specialists or experts for services in connection with this Agreement
without the prior written approval of the City. Any consultants, specialists or experts approved
by City are listed in Exhibit D.
B. Design Professional represents that it has, or will secure at its own
expense, all personnel requited in performing the Services. All of the Services required
hereunder will be performed by the Design Professional or under Design Professional's
supervision, and all personnel engaged in the work shall be qualified to perform such services.
C. Design Professional shall make every reasonable effort to maintain
stability and continuity of Design Professional's Key Personnel assigned to perform the Services.
Ivey Personnel for this contract are listed in Exhibit D.
D. Design Professional shall provide City with a minimum twenty (20) days
prior written notice of any changes in Design Professional's Key Personnel, provided that Design
Professional receives such notice, and shall not replace any Key Personnel with anyone to whom
the City has a reasonable objection.
E. Design Professional plans to retain the subconsultants listed in Exhibit D,
who will provide services as indicated in Exhibit D.
F. Design Professional will not utilize subconsultants other than those listed
in Exhibit D without advance written notice to the City. Design Professional will not utilize a
subconsultant to whorn the City has a reasonable objection. Subconsultants providing
professional services will provide professional liability insurance as required in Exhibit C unless
the City waives this requirement, in writing.
8. Conflict of Interest.
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A. Design Professional understands that its professional responsibility is
solely to City. Design Professional warrants that it presently has no interest, and will not acquire
any direct or indirect interest, that would conflict with its performance of this Agreement.
Design Professional shall not knowingly, and shall take reasonable steps to ensure that it does
not, employ a person having such an interest in the performance of this Agreement. If Design
Professional discovers that it has employed a person with a direct or indirect interest that would
conflict with its performance of this Agreement, Design Professional shall promptly disclose the
relationship to the City and take such action as the City may direct to remedy the conflict.
B. Design Professional (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this contract
or any other source of income, interest in real property or investment which would be affected in
any manner or degree by the performance of Design Professional's Services hereunder. Design
Professional further covenants and represents that in the performance of its duties hereunder no
person having any such interest shall perform any services under this Agreement,
C. Design Professional is not a designated employee within the meaning of
the Political Reform Act because Design Professional;
(1) Will conduct research and arrive at conclusions with respect to
his /her rendition of information, advice, recommendation or counsel independent of the control
and direction of the City or of any City official other than normal contract monitoring; and
(2) Possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation or counsel (FPPC Reg, 18700(a)(2)),
9. Interest of Members and Employees of City. No rnenlber of the City and no other
officer, elected official, employee, agent or volunteer of the City who exercises any functions or
responsibilities in corulection with the carrying out of any project to which this Agreement
pertains, shall have any personal interest, direct or indirect, in this Agreement, nor shall. any such
person participate in any decision relating to this Agreement which affects its personal interests
or the interest of any corporation, partnership or association. in which he /she is directly or
indirectly interested.
10. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee, agent or volunteer of the City shall be personally liable
to Design Professional or otherwise in the event of any default or breach of the City, or for any
amount which may become due to Design Professional or any successor in interest, or for any
obligations directly or indirectly incurred under the terms of this Agreement.
11, Indemnity.
A. To the fullest extent permitted by law (including, without limitation,
California Civil Code Sections 2782 and 2782.8), Design Professional shall defend (with legal
counsel reasonably acceptable to City), indemnify, and hold harmless City and its officers,
elected officials, employees, agents, and volunteers (collectively "Indemnitees ") from and against
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any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of
an employee of Design Professional or its subconsultants), expense and liability of every kind,
nature and description (including, without limitation, fines, penalties, reasonable court costs and
reasonable attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses
incurred in connection therewith, and costs of investigation), that arise out of, pertain to, or relate
to the negligence, recklessness, or willful misconduct of Design Professional, any subconsultant,
anyone directly or indirectly employed by them, or anyone that they control (collectively
"Liabilities "). Such negligence, recklessness, or willful misconduct includes without limitation
the. failure of Design Professional to disclose information known by Design Professional to be
material to performing the Services. Such obligations to defend, hold harmless and indemnify
any Indemnitee shall not apply to the extent that such Liabilities are caused by the negligence,
active negligence, or willful misconduct of such Indennnitee. Notwithstanding any provision of
this .Agreement to the contrary, the extent of Design Professional's obligation to defend,
indemnify, and hold Harmless shall be governed by the provisions of California Civil Code
Section 2782.8.
13, Neither termination of this Agreement nor completion of the Services shall
release Design Professional from its obligations under this Section 11, as long as the event giving
rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective
date of any such termination or completion.
C. Design. Professional agrees to obtain executed indemnity agreements with
provisions identical to those set forth in this section- from each and every subconsultant or any
other person or entity involved by, for, with or on behalf of Design Professional in the
performance of this Agreement, If Design Professional fails to obtain such indemnity obligations
from others as required, Design Professional shall be fully responsible for 'all obligations under
this Section. City's failure to monitor compliance with this requirement imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder, The obligation to
indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of
Design Professional and shall survive the termination of this Agreement or this section.
D. Design Professional's compliance with the insurance requirements floes
not relieve Design Professional from the obligations described in this Section 11, which shall
apply whether or not such insurance policies are applicable to a claim or damages.
12, Design Professional Not an Agent of City. Design Professional, its officers,
employees and agents shall not have any power to bind or commit the City to any decision.
13. Independent Contractor, It is understood that Design Professional, in the
performance of the work and services agreed to be performed by Design Professional, shall act as
and be an independent contractor as defined in Labor Code 3353 and not an agent or employee of
City; and as an independent contractor, Design Professional shall obtain no rights to retirement
benefits or other benefits which accrue to City's employees, and Design Professional hereby
expressly waives any claim it may have to any such rights. Design Professional, its officers,
employees and agents shall not have any power to bind or commit City to any decision,
14. Compliance with Laws.
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A, General. Design Professional shall (and shall cause its agents and
subcontractor's), at its sole cost and expense, comply with all applicable federal, state and local.
laws, codes, ordinances and regulations now in force or which may thereafter be in force during
the term of this agreement. Except as otherwise allowed by City in its sole discretion, Design
Professional and all subeonsultants shall have acquired, at their expense, a business license from
City in accordance with Chapter 5,04 of the Rohnert Park Municipal Code prior to City's
issuance of an authorization to proceed with the Services. Such license(s) must be kept valid
throughout the terns of this Agreement, Any corrections to Design Professional's reports or other
Documents (as defined in Section 6) that become necessary as a result of Design Professional's
failure to comply with these requirements shall be made at the Design Professional's expense.
B. Updates, Should Design Professional become aware that the requirements
referenced in subparagraph A above change after the date of a report or other Document is
prepared, Design Professional shall be responsible for notifying City of such change in
requirements. Design Professional will bring the Documents into conformance with the newly
issued requirements at the written direction of City. Design Professional's costs for providing
services pursuant to this paragraph shall be submitted to City as Additional Services.
C. Licenses and Permits. Design Professional represents that it has tlhe skills,
expertise, licenses and permits necessary to perform the Services. Design Professional shall
perform all. such Services in the marurer and according to the standards observed by a competent
practitioner of the same profession in which Design Professional is engaged, All products of
whatsoever nature which Design Professional delivers to City pursuant to this Agreement shall
corhform to the standards of quality normally observed by a person practicing in Design
Professional's profession, Permits and /or licenses shall be obtained and maintained by Design
Professional without additional compensation throughout the term of this Agreement.
D. Documents Stamped. Design Professional shall have documents created
as part of the Services to be performed under this Agreement stamped by registered professionals
for the disciplines covered by Design Professional's Documents as required by Section 6735 of
the Business and Professionals Code or any other applicable law or regulation. Design
Professional shall not be required to stamp any documents not prepared under its direct
supervision. The City will not be charged an additional fee to have such documents stamped.
E. Workers' Compensation. Design Professional certifies that it is aware of
the provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self - insurance in accordance with the
provisions of that Code, and Design Professional certifies that it will comply with such
provisions before conrrhhencing performance of this Agreement.
F. Prevailing Wane. Design Professional and Design Professional's sub -
consultants, shall, to the extent required by the California Labor Code, pay not less than the latest
prevailing wage rates to workers and professionals as determined by the Director of Industrial
Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article
2. Copies of the applicable wage determination are on file at City Clerk's office, This provision
to comply with prevailing wage laws takes precedence over the provisions of paragraph 3.13,
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G. Injury and Illness Prevention Pro ram. Design Professional certifies that it
is aware of and has complied with the provisions of California Labor Code Section 6401.7,
which requires every employer to adopt a written injury and illness prevention program,
H. City Not Responsible. City is not responsible or liable for Design
Professional's failure to comply with any and all of the requirements set fortis in this Agreement.
15. Nonexclusive Agreement. Design Professional understands that this is not an
exclusive Agreement and that City shall have the right to negotiate with and enter into contracts
with others providing the same or similar services as those provided by Design Professional as
the City desires.
16. Confidential Information. All data, documents, discussions or other information
developed or .received by or for Design Professional in performance of this Agreement are
confidential and not to be disclosed to any person except as authorized by City, as required by
law, or as otherwise allowed by this Agreement.
17. Insurance. Design Professional shall provide insurance in accordance with the
requirements of Exhibit C.
18. Assignment Prohibited. Design Professional shall not assign any of its rights nor
transfer any of its obligations under this Agreement without the prior written consent of City and
any attempt to so assign or so transfer without such consent shall be void and without legal effect
and shall constitute grounds for termination.
19. Termination.
A. if .Design Professional at any time refuses or neglects to prosecute its
Services in a timely fashion or in accordance with the schedule, or is adjudicated a bankrupt, or
commits any act of insolvency, or makes an assignment for the benefit of creditors without City's
consent, or fails to make prompt payment to persons furnishing labor, equipment, materials or
services, or fails in any respect to properly and diligently prosecute its Services, or otherwise fails
to perform fully any and all of the agreements herein contained, Design Professional shall be in
default.
B. If Design Professional fails to cure the default within seven (7) days after
written notice thereof, City may, at its sole option, take possession of any Documents or other
materials (in paper and electronic foam) prepared or used by Design Professional and (1) provide
any such work, labor, materials or services as may be necessary to overcome the default and
deduct the cost thereof from any money then due or thereafter to become due to Design
Professional under this Agreement; and/or (2) terminate Design Professional's right to proceed
with this Agreement.
C. In the event City elects to terminate, City shall have the right to immediate
possession of all Documents and work in progress prepared by Design Professional, whether
located at Design Professional's place of business, or at the offices of a subconsultant, and may
employ any other person or persons to finish the Services and provide the materials therefore. In
11266510 80078/0012 v2012 -09
case of such default termination, Design Professional shall not be entitled to receive any further
payment under this Agreement until. the Services are completely finished.
D, In addition to the foregoing eight to terminate for default, City reserves the
absolute right to terminate this Agreement without cause, upon ' i2- hours' written notice to Design
Professional. In the event of termination without cause, Design Professional shall be entitled to
payment in an amount not to exceed the Nat -To- Exceed Amount which shall be calculated as
follows: (1) Payment for Services then satisfactorily completed and accepted by City, phis (2)
Payment for Additional Services satisfactorily completed and accepted by City, plus (3)
Reimbursable Expenses actually incurred by Design Professional, as approved by City. The
amount of any payment made to Design Professional prior to the date of termination of this
Agreement shall be deducted from the amounts described in (1), (2) and (3) above. Design
Professional shall not be entitled to any claim or lien against City for any additional
compensation or damages in the event of such termination and payment. In addition, the City's
right to withhold finds under Section 19.C. shall be applicable in the event of a termination for
convenience,
E. if this Agreement is terminated by City for default and it is later
determined that the default termination was wrongful, such termination automatically shall be
converted to and treated as a Termination for Convenience under this Section 19 and Design
Professional shall be entitled to receive only the amounts payable under Section 19.D„
20. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in pant, for such period as he /stye deems necessary due to
unfavorable conditions or to the failure on the part of the Design Professional to perform any
provision of this Agreement, Design Professional will be paid for satisfactory Services
performed through the date of temporary suspension. In the event that Design Professional's
services hereunder are delayed for a period in excess of six (6) months due to causes beyond
Design Professional's reasonable control, Design Professional's compensation shall be subject to
renegotiation.
21. Entire.Agreement and Amendment, This Agreement constitutes the complete and
exclusive statement of the agreement between City and Design Professional and supersedes any
previous agreements, whether vernal or written, concerning the same subject matter. This
Agreement may only be amended or extended from time to time by written agreetrrent of the
parties hereto.
22, Interpretation, This Agreement shall be interpreted as though it was a product of a
joint drafting effort and no provisions shall be interpreted against a party oil the ground that said
party was solely or primarily responsible for drafting tine language to be interpreted.
23. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the Rill mount of costs, expenses, and attorneys' fees paid or incurred in good faith.
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24. Time of the Essence. Time is of the essence of this Agreement.
25, Written Notification, Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be its writing
and either served personally or sent by prepaid, first class mail. Any such notice, demand; etc.
shall be addressed to the otlier party at the address set forth herein below. Either patty may
change its address by notifying the other party of the change of address, Notice shall be deemed
communicated within 48 hours from the time of mailing ifnnailed as provided in this section.
If to City: City Manager
City of Rohner•t Park City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Design Professional; lver Skavdal
GHD, Inc.
2235 Mercury Way Suite 150
Santa Rosa, CA 95407
26. Design Professional's Books and Records.
A. Design Professional shall maintain any and all ledgers, books of account;
invoices, vouchers, canceled checks, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to City for a minimum period of
three (3) years, or for any longer period required by law, from the date of final payment to Design
Professional.
B. Design Professional shall maintain all documents and records which
demonstrate performance under this Agreement for a minimum period - of three (3) years, or for
any longer period required by law, .from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to City for
inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon,
the records shall be available at Design Professional's address indicated for receipt of notices in
this Agreement.
U City may, by written request by any of the above - reamed officers, require
that custody of the records be given to City and that the records and documents be maintained in
the City Manager's office. Access to such records and documents shall be granted to any party
authorized by Design Professional, Design Professional's representatives, or Design
Professional's successor -in- interest,
E. Pursuant to California Government Code Section 10527, the parties to this
Agreement shall be subject to the examination and audit of representative of the Auditor General
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of the State of California for a period of three (3) years after final payment under the Agreement.
The examination and audit shall be confined to those matters connected with the performance of
this Agreement including, but not limited to, the cost of administering the Agreement.
27. Equal ErnnloYment OpUOrturiity. Design Professional is an equal opportunity
employer and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Design Professional will not discriminate against any employee or
applicant for employment because of race, age, sex, creed, color, sexual orientation, marital
status or national origin. Design: Professional will take affirmative action to ensure that
applicants are treated during such employment without regard to race; age, sex, creed, color,
sexual orientation, marital status or national origin. Such action shall include, but shall not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoffs or termination; rates of or other forms of compensation; and
selection for training, including apprenticeship. Design Professional fiurther agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
2$. Unauthorized Aliens. Design Professional hereby promises and agrees to comply
with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101, et
seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Design Professional so employ such unauthorized aliens for performance of
work and /or services covered by this Agreement, and should any liability or sanctions be
imposed against City for such use of unauthorized aliens, Design Professional hereby agrees to
and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with
any and all costs, including attorneys' fees, incurred by City.
29. Section Headings, The headings of the several sections, and any table of contents
appended hereto, shall be solely for convenience of reference and shall not affect the meaning,
construction or effect hereof.
30. Q Not Obligated to Third Parties. City shall not be obligated or liable for
payment hereunder to any Marty other than the Design Professional,
31, Remedies Not Exclusive. No remedy herein conferred upon or reserved to City is
intended to be exclusive of any other remedy or remedies, and each and every such remedy, to
the extent permitted by law, shall be cunurlative and in addition to any other remedy given
hereunder or now or hereafter existing at law or in equity or otherwise.
32. Severability. if any one or more of provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deerned severable from the remaining provisions hereof, and such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
33. No Waiver Of Default. No delay or omission of City to exercise any right or
power arising upon the occurrence of any event of default shall impair any such right or power or
shall be construed to be a waiver of any such default of an acquiescence therein; and every power
-11-
11266510 80078/001212012 -09
and remedy given by this Agreement to City shall be exercised from time to time and as often as
may be deemed expedient in the sole discretion of City.
34, Successors And Assigns, All representations, covenants and warranties set forth
in this Agreement, by or on behalf of, or for the benefit of any or all of the parties Hereto; shall be
binding upon and inure to the benefit of such party, its successors and assigns.
35, Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements to Design Professional Services
Agreement
D. Exhibit D: ley Personnel and Other Consultants, Specialists or
Experts Employed by Design Professional
R Exhibit E: Design Consultant Requirements
36. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
37. News Releases/Interviews. All Design Professional and subconsultant news
releases, media interviews, testimony at hearings and public comment shall be prohibited unless
expressly authorized by the City.
38. Venue, In the event that suit shall be brought by either party hereunder, the
panties agree that trial of such action shall be held exclusively in a state court in the County of
Sonoma, California,
39. Authority. All parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names, titles, and capacities herein stated
and on behalf of any entities, persons,- or firms represented or purported to be represented by such
entity(ies), persons), or firm(s) and that all formal requirements necessary or required by any
state and /or federal law in order to enter into this Agreement have been fully complied with,
Furthermore, by entering into this Agreement, Design Professional hereby warrants that it shall
not have breached the terms or conditions of any other contract or agreement to which Design
Professional is obligated, which breach would Have a material effect hereon.
_l2_
11266510 80078/0012 v2012 -09
IN WITNESS WHEREOF, the City and Design Professional have executed this
Agreement as of the elate first above written.
CITY OF ROHNERT PARK
By:
Gabriel A. Gonzalez, City Manager
Date:
Per Resolution No. 2013- adopted by the Robnert
Park City Council at its tneeti►tg of September 10, 2013 .
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By: _
City clerk
-13-
11266510 80078(0012 v2012 -09
DESIGN PROFESSIONAL
By: _
Title:
Date:
EXHIBIT A
Scope of Work and Schedule of Performance
-14-
11266510 80078/0012 v2012.09
Eastside Trunk Sewer Phase II City Project No. 2007 -02
Scope of Work
This scope of work is to provide a senior level On -site Observation /Inspection, Construction Manager, and
construction support (Construction Management. Team) for the installation of approximately 8,600 feet of
24 -inch and 1,300 feet of 18 -inch sanitary sewer trunk main, replacement of selected water and sewer
service laterals, resurfacing of trench and pavement road overlay, traffic and pedestrian control, installing
trench shoring with dewatering and soil stabilization, traffic striping, and observation of other work
specified in the plans,.
The Construction Management Team (CMT) will act as an extension /adjunct of the City of Rohnert Park
staff. The CMT will coordinate with City of Rohnert Park staff to discuss project details, establish goals,
review schedules, provide drafts for review and produce final documentation ready for City signature. The
CMT will do this by providing daily updates, coordinating meetings and telephone calls, promptly
transcribe meeting notes and distribute, and provide a web -based document management system, eadoc.
The scope of work was developed in conjunction with the RFP prepared, the pre - submittal meeting, and
GHD's past experience working for the City of Rohnert Park.
The CMT will perform the following services:
Task 1.0 A Contract Administration
1.1 Project Coordination. Meet with the City staff to discuss and coordinate issues with the project.
This will be accomplished by daily /weekly email updates of the activities that preceded the work
accomplished in the time period with issues that occurred. The weekly update will be more in
depth by providing a 2 -3 week look ahead on the schedule, and will contain an ongoing list of
outstanding critical issues. Quarterly, the CMT will provide the City Council with a memo updating
them on the progress of the project. The CMT will also meet periodically with the geotechnical and
design engineer to keep them posted on current issues and the progress. The design and
geotechnical engineer will be included in distribution list to receive the daily /weekly updates.
in addition the Principle -In- Charge will provide higher level coordination with the City by weekly
email Flash Reports, allowing the City Project Manager to quickly assess the progress of the
project and keep up to date on the project issues. The Principle -ln- Charge will also meet weekly
with the GHD CMT to discuss the schedule, submittals, BFI's, change orders, pay requests, Public
Communications and any construction issues.
The CMT will coordinate with the various businesses, residences, and schools along the pipeline
route, For this the CMT will provide a web -based log of residents /business complaints and issues,
including a description, contact number, and action. Coordination will begin with daily interaction
by our field team, who will then engage the CM and assistant CM when necessary. Our fee
estimate includes eadoc.
Estimate of time for task of 3 hours per week for the PIC, 9 hours per week for the CM and 2
hours per week for the assistant CM,
1.2 Pre - Construction Meeting. Conduct the pre - construction meeting, which will include the City, the
design engineer, geotechnical engineer of record (Jacobs Associates), contractor, and major
GHD Construction Management for East Side Trunk Sewer Phase 11 - 1
subcontractors. Prepare agenda and minutes for the pre - construction meeting, Prior to the Pre -
Construction Meeting, the CM will prepare a draft contact list including the following permitting
agencies: City of Santa Rosa for the permit to discharge to the sewers, SCWA for the crossing of
the aqueduct, SMART for the crossing of their railroad. Contact information will be identified for
key personnel from each agency to be contacted in the event of an emergency. The list will be
updated, finalized and distributed after the meeting, including to police and fire departments.
1.3 Project Meetings. Conduct and document weekly progress meetings and other special technical
meetings, Prepare agenda describing key issues, schedule status, and potential change orders.
Prepare and distribute notes of the weekly meetings, Estimate of time for task of 3 hours per week
for the CM and 2 hour per week for the assistant CM.
1,4 Schedule Management. Review contractor's as- planned schedule for conformance with the
specifications and for reasonableness of activity durations and sequence, Coordinate review
comments by the City and design engineer and transmit review comments to the contractor. Meet
with the contractor to discuss and clarify any significant issues. Review revised schedules. Review
work progress as compared to the as- planned schedule and notify contractor of schedule
slippage. Analyze schedule to determine impact of the weather and change orders on the
construction schedule. Review contractor's updates of the construction schedule that incorporates
actual progress, weather delays, and change order impacts. The CMT will create and maintain its
own schedule in MS Project to provide an "as- built" schedule and be able to analyze scheduling
changes due to change orders or other impacts to the project. Estimate of time for task of 2 hours
per week for the CM.
1,5 Maintain Project Records. Maintain project records including daily logs, weekly report of working
days, inspection reports, compliance testing results, photos, measurement of quantities,
schedules, submittals, BFI's, RFC's, PCO's, change orders, month pay requests, issues, and
correspondence. Project records to be maintained in organized manner for quick reference. The
project records are a combination of the web -based management system and our daily detailed
field reports. Estimate of time for task of 2 hours per week for the CM and 4 hours per month for
the assistant CM and the document control person.
1.6 Review Monthly Progress Payments. Evaluate the monthly progress payment requests from the
Contractor, negotiate differences over payment, and recommend payment to the City, Quantity
vouchers to be checked and signed independently by the assistant construction manager to
monitor quantities paid against estimated quantities. Monitor certified payrolls and conduct
employee interviews. Estimate of time for task of 8 hours per month for the CM and 4 hours per
month for the assistant CM.
13 Prepare Monthly Progress Reports. Prepare and submit to the City a monthly progress report
including construction progress summary, construction cash flow and payments, and summary
logs for proposed change orders (PCOs) and change orders.. Estimate of time for task of 2 hours
per month for the CM.
1.8 Requests for Information (RFIs) and Requests for Clarifications (RFCs). Coordinate and manage
the RFI and RFC evaluation and response process. This includes receiving the RFI from the
Contractor or transmitting the RFC to the Contractor, log, transmit to the design engineer for
response, coordinate with design engineer on field status, track progress, review response, and
transmit response to contractor. Estimate 20 RFIs /RFCs and 2 hours each for the CM.
GHD Construction Management for East Side Trunk Sewer Phase 11- 2
1.9 Potential Change Orders (PCOs) and Change Orders. Coordinate and manage the change order
process, including log, review in conjunction with design engineer and City, assist with
determination of changed conditions and scope definition as needed, develop independent cost
estimate, assist with negotiation, and incorporate change orders into the construction contract.
Estimate 20 PCOs /COs and 4 hours each for the CM.
1.10 Coordinate Submittal and Shop Drawing Review Process. Coordinate and manage the
submittal /shop drawing review process, This work includes log, transmit to design engineer for
response, coordinate with design engineer on field status, track progress, review response, and
transmit response to contractor. incomplete submittals will be returned to the contractor prior to
being submitted to the design engineer. Estimate 50 submittals and 1 hour for each submittal for
the CM and % hour for the assistant CM.
1.11 Permits Compliance. Monitor and drive contractor compliance with construction permits, traffic and
pedestrian control plans; and environmental compliance. Coordinate with design engineer and
inspector /observer for compliance, Recommend course of action to City if required measures are
not being met by the contractor. Estimate of time for task of 2 hours per month for the CM and 4
hours per month for the assistant CM.
1.12 Monitor Construction Record Drawings. Monitor and drive the contractor to maintain construction
record drawings maintained by the contractor and on -site inspector in coordination with the
progress pay request. Estimate of time for task of 2 hours per month for the assistant CM.
1.13 Claims Management. Analyze potential claims for additional compensation that are submitted
during the construction period and make recommendations to resolve them. Perform claims
administration, including coordination and monitoring claims response preparation, logging claims,
and tracking claims status. Estimate 3 potential claims and 16 hours for each submittal for the CM.
Provide a senior level inspector to observe and document daily construction activities.
21 Field Inspection /Observation. Provide full time senior level on -site construction inspectorlobserver
to monitor the contractor's work for compliance with the contract documents, submittals, RFls,
change orders, traffic and pedestrian control plan, public outreach plan, and SWPPP
requirements. Certified payrolls to be checked and documented by the inspector. Estimate of 240
working days and 8 hours for each day for the inspectorlobserver.
22 Photograph or Video Documentation. Prepare a video and photo documentation of initial site
conditions prior to contractor's commencement of construction. Provide additional photos of
construction progress. Estimate of 8 hours for one day for the inspector /observer.
2.3 Field Changes. Document field changes to the Drawings and Specifications. The estimate for the
time on this task is included in Task 2.1 for the inspector and 2 hours per week for the CM.
2.4 Daily Reports. Prepare daily observation reports. The Daily report will be reviewed and signed by
the resident engineer and will include: employee names and labor classification, equipment
identification, hours that were work and equipment utilized, weather conditions, and issues,
observations, conversations that occurred between the inspector and the contractor and public.
The report will be a combination of web -based data and written. The daily reports will have
photographs and material tags. The estimate for the time on this task is included in Task 21.
GHD Construction Management for East Side Trunk Sewer Phase 11 3
2.5 Materials Testing Coordination. Coordinate with the contractor regarding materials testing that is
being performed according to the plans and specifications. The design engineer will have a
contract with the geotechnical engineer of record to provide occasional observation and review of
the Quality Assurance testing performed by the contractor. The estimate for the time on this task is
included in Task 2.1. RGH Consultants will provide materials testing for the HMA acceptance
testing.
Task 3.0 — Project Completion
3,1 Project Completion and Punch List. The CMT will have completed a preliminary punch list for the
project and maintained a running punch list through the course of the project. Schedule with City
and design engineer to conduct final completion inspections and issue punch lists.
3.2 Project Documents, Provide the City of Rohnert Park with a complete set of all records of the
project, indexed and properly filed, and a listing of warranties provided under the project including
the items covered and the warranty duration. The documentation will be all in electronic format.
3,3 Notice of Completion. Prepare the final pay estimate and balance change orders, prepare the
Notice of Completion, and coordinate retention release.
.0 Public Outreach
The ESTS alignment is located within a highly urban area, impacting traffic circulation patterns, on- street
parking, and access to residences, commercial establishments, and public facilities. Project construction
will disrupt everyday lives of City residents and visitors. Effective communication with the public is
paramount to minimizing disruptions and impacts from construction. The City has witnessed our efforts
first -hand during the Phase I project and other projects throughout the City recently.
The following tasks are included in the Public Outreach task:
a Create a Public Outreach Plan that will be used as a resource for the City to use to inform
potentially affected residents and businesses of the project and provide resolution of the Project's
construction - related impacts.
Establish a hot -line phone number that may be called if questions or complaints about
construction impacts arise, The number will be included in the notice given to affected persons
during construction. Affected persons will be instructed to call between 8:00am and 5 :00pm
Monday through Friday with return phone calls within 24- hours. It is assumed that the contractor
will field after -hour phone calls,
s Create a business card specifically for this project to hand out to affected persons that would
include the Construction Manager Assistant's name, hot -line phone number, and City's website
address for up to date project - related information. Business cards will also be provided to the City
for distribution at City Hall,
Coordinate with the City's webmaster to dedicate a web -page for the project on the City's website.
Weekly construction updates will be added to the web -page. The website address will be included
in notices sent to affected persons.
® Create one handout/mailer (1 document) for noticing of the public information meeting and
information about project construction, The handout/mailer would be mailed to residents and
business owners within 300 -feet from construction corridor. The handout will also be used to
distribute to affected persons during the door -to -door site walk and to schools for their distribution
to students and parents, The handouUmail will include the hot -line phone number and website link.
GHD Construction Management for East Side Trunk Sewer Phase 11 - 4
• Construction Manager will hold meetings with the City Council to explain to the Council of the
project issues as needed. Regular monthly updates will be provided to the Deputy City Engineer
and the City Manager. Weekly progress updates will be provided to the City Engineer.
• A public information meeting will be held prior to construction to provide affected residents and
businesses an opportunity to learn about the project and the potential temporary impacts of
construction. GHD will facilitate the meeting and provide refreshments. The Construction
Manager, Construction Manager Assistant, and Inspector will attend. It is assumed the City's
Project Manager and Contractor's Public Outreach liaison will also attend.
• The Construction Manager Assistant and Project Coordinator will perform a site -walk along the
construction corridor to notify the residents and businesses directly affected by the project of
upcoming temporary construction - related impacts: For apartment and other managed residential
facilities, GHD will speak with representatives at the main offices and provide multiple copies of
the handouts for the management office to distribute to residents. It is assumed that GHD will not
walk door -to -door to individual apartments /managed facilities.
• Schools will be notified of the project and GHD will coordinate with their PTOs for distribution of
the handout to students to take home. It is assumed the schools will distribute the handout.
• GHD will contact School Superintendent, Michael Watenpaugh and individual schools along the
route to keep them informed of construction impacts. Schools will be encouraged to visit the
project's website for updates during construction.
• Coordinate traffic control and pedestrian plan provided by contractor with City Hall.
• Provide updates to changes to traffic conditions to City, Police, and Fire.
r.. H ,0.
The Contractor is responsible for the means and methods on the project.
Control of Contractor's Work. The Construction Management Team (CMT) does not supervise and direct
the Work of the Contractor. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences, and procedures and for coordinating all portions of
the Work under the Contract, unless Contract Documents give other specific instructions concerning these
matters.
Site Safety. The Contractor shall be solely responsible for site safety.
Compliance with Contract Requirements, The Contractor shall not be relieved of obligations to perform
the Work in accordance with the Contract Documents either by activities or duties of the CMT in the CMT's
administration of the Contract, or by tests, inspections, or approvals required or performed by persons
other than the Contractor.
Materials Testing and Geotechnical Observation. The construction documents require the contractor to
perform the testing of soil, clsm, and other materials. This cost is not included in the Construction
Management Proposal, except for asphalt testing which is included in Task 2.5. Geotechnical observation
will be coordinated through the design engineers contract with the Geotechnical Engineer of Record, costs
for Jacobs services are not included in this proposal.
Schedule
It is anticipated that the Notice to Proceed will be issued immediately after the Council Award of the
Contract on September 10, 2013. This project duration is expected to be one year.
GHD Construction Management for East Side Trunk Sewer Phase 11 - 5
EXHIBIT B
Compensation
11266510 80078/0012
Revised: 1 0/08/10
PROJECT NAME: Eastside Trunk Sewer Phase Ii
PREPARED BY:
Jim Winter
GHD Inc - PROJECT ESTIMATING SHEET SHT # 1 of 1
PROJECT # 840900311
Date August 23, 2013
CLIENT: City of Rohnert Park
On -Site Inspector
Construction Manager
Principle In Charge
Roger �n
Jim Winter
Iver Skavdal
* OTHER DIRECT COSTS Include: Telephone, Mileage, Printing, Photo- copies and other misc. direct expenses.
iY +e l�,
�.bjl f i Y : L��gi�c��`t� 9 Ki Si..P i>;f � }e v €f. ♦i
' C'��3�t��i °,��i�� �� ! �i
�t fw F
s� !♦ t f eF ,F `� ire
j6µ : i
Principle in
Construction
On -Site
On -Site
Document
LABOR CATEGORY>
Charge
Manager
inspector
inspector
Assist CM
Control
TOTAL
Other Direct
1$6
TOTAL
350 Calendar Days
RATE>
$200
$165
$135
$115
$110
$90
HOURS
Other
Costs*
FEE
12 month Construction period
TASK
/HR
/HR
/HR
/HR
/HR
/HR
Services
month Inspection period
Task : Construction Administration
Task 1:1
152
432
86
518
48 weekly updates Other Servies is
Project Coordination
$ 30;400
$ 71,280
$ -
$ -
$ 9,504
$
$ 15,000
$ 3,110
$ 129,294
9 hours Eadoc
Task 1.2
2
11
3
2
2
18
8 Preparation 2 hour meeting
Preconstruction Meetin
$ 400
$ 1,815
$ 405
$ 230
$ 220
$ -
$ 108
$ 3,178
1 fir Meeting notes preparation
Task 13
48
144
96
240
48 weekly contractor meetings
Project Meetings
$ 9,600
$ 23,760
$ -
$ -
$ 10,560
$
$ 1,440
$ 45,360
2,0 hr, notes & agenda 1 hr meeting
Task 1.4
48
48
48 Review Schedule
Schedule Management
$ -
$ 7,920
$ -
$ -
$ -
$ -
$ 288
$ 8,208
1.0 hr analyze weekly and develop as -built
Task 1.5
96
192
192
480
48 Maintain logs, inspection reports,
Maintain Project Records
$ -
$ 15,840
$ -
$ -
$ 21,120
$ 17,280
$ 2;880
$ 57,120
4 hrs /week - photos, schedules, and corres ondenco
Task 1.6
104
52
156
13 pay requests, including final
Review Monthly Progress Payments
$ -
$ 17,160
$ -
$ -
$ 5,720
$
$ 936
$ 23,816
8 firs each
Task 1.7
26
26
13 months plus including final
Prepare Monthly Reports
$ -
$ 4,290
$ -
$ -
$ -
$
$ 156
$ 4,446
2 firs for writing each
Task 1.8
40
40
20 Assumed Number of RFI's /RFC's
RFI's/ RFC's
$ -
$ 6,600
$ -
$ -
$ -
$
$ 240
$ 6,840
2 firs each
Task 1.9
80
80
20 Assumed Number of PLO's
PCO's and Change Orders
$ -
$ 13,200
$ -
$ -
$ -
$
$ 480
$ 13,680
4 firs each
Task 1, 10
50
25
75
50 Assumed Number of shop drawingslsubmittais
Coordinate Shop Drawing Review
$ -
$ 8,250
$ -
$ -
$ 2,750
$
$ 450
$ 11,450
1 firs each
Task 1.11
48
96
144
48 Monitor Contractor compliance with
Permit Compliance
$ -
$ 7,920
$ -
$ -
$ 10,560
$
$ 864
$ 19,344
2 permits & coordination
Task 1.12
24
`
24
12 Months
Monitor Record Drawings
$ -1$
-
$ -
$ -
$ 2,640
$
$ 144
$ 2,784
2 firs per month
Task 1.13
24
48
48
3 Assumed Number of PCO's that go towards claims
Claims Management
$ 4,800
$ 7,920
$ -
$
$ -
$
$ 288
$ 13,008 1
16 firs each
Sub -Total 338,528
Task 2; Field Inspection
Task 2.1
1,920
640
2,560
8 hours per day inspection
Field Inspection/Observation
$ -
$ -
$ 259,200
$ 73,600
$ -
$ -
$ 15,360
$ 348,160
240 working days
Task 2.2
8
8
6
Prior to Pre - construction
Photograph and Video Documentation
$ -
$ -
$ 1,080
$ 920
$ -
$ -
$ 96
$ 2,096
Task 2.3
96
96
48 Document field changes to drawings
Field Changes
$ -
$ 15,840
$ -
$ -
$ -
$ -
$ 576
$ 16,416
2 orspecifications.
Task 2.4
Included in task 2.1
Daily Reports
Is -
$ -
$ -
$ -
$ -
$ -
$ -
Task 2.5
Materials Testing Corrdinatioa
$ -
$ -
$ -
1 $ -
$ -
I $ -
$ 46,000
$ -
$ 46,000
RGH
Sub Total 412,672
Task 3: Project Completion
Task 3.1
8
8
8
24
Project Completion and Punchlist
$ -
$ 1,320
$ 1,080
$ -
$ 880
$ -
$ 144
$ 3,424
Task 3.2
4
16
40
40
100
Record Drawings, warranty items
Project Documents
$ -
$ 660
$ 2,160
$ -
$ 4,400
$ 3;600
$ 600
$ 11,420
Indexes, logs and binders
Task 3.3
4
4
Final pay request, coordinate retention release
Notice of Completion
$ -
$ -
$ -
$ -
$ 440
$
$ 24
$ 464
Cit Council Agenda
Sub -Total 15,308
Task : Public Outreach Compliance
Task4;1
94
384
191
669
48 weeks
Public Outreach Compliance
$ -
$ 15,510
$ -
$
$ 42,240
$ 17,190
$ 438
$ 4,014
$ 79,392
8.0 firs, calls, update web -site, Mt w/schoals
Su -Total 79,392
Project Totals
226
1,329
1,955
650
1,009
423
5,366
$ 45,200
$ 219,285
$ 263,925
$ 74,750
$ 111,034
$ 38,070
$61,438 $ 32,198
$45,900
* OTHER DIRECT COSTS Include: Telephone, Mileage, Printing, Photo- copies and other misc. direct expenses.
EXHIBIT C
Insurance Requirements to Agreement For Design Professional Services
Re: East Side Trunk Sewer Project No, 2007 -02
Design Professional shall, at all times it is performing services under this Agreement, provide
and maintain insurance in the following types and with limits in conformance with the
requirements set forth below. Design Professional will use existing coverage to comply with
these requirements. If that existing coverage sloes not meet the requirements set forth here,
Design Professional agrees to amend, supplement or endorse the existing coverage to do so,
Design Professional ackrnowledges that the insurance coverage and policy limits set forth in this
section constitute the minimum amount of coverage required. Any insurance proceeds available
to Design Professional in excess of the limits and coverage required in this agreement and that is
applicable to a given loss will be available to City,
1. Commercial. General Liability Insurance, occurrence form, using Insurance
Services Office ( "ISO ") "Conurrercial General Liability" policy form CG 00 0l or an approved
equivalent, Defense costs must be paid in addition to limits. There shall be no cross liability
exclusion for claims or suits by one insured against another. Limits are subject to review, but in
no event shall be less than $2,000,000- (Two Million Dollars) each occurrence,
2. Business Auto Coverage on ISO Business Automobile Coverage forms CA 00 01
including symbol I (Any Auto) or an approved equivalent, Limits are subject to review, but in
no event shall be less than $2,000,000 (Two Million Dollars) each occurrence. If Design
Professional orl its employees will use personal autos in any way in connection with performance
of the Services, Design Professional shall provide evidence of personal auto liability coverage for
each such person.
3. Workers Compensation on a state - approved policy form providing statutory
benefits as required by law with employers liability insurance, with minimum limits of
$1,000,000 (One Million Dollars) per occurrence.
4. Excess or Umbrella Liability Insurance (Over Primary.) if used to meet limit
requirements shall provide coverage at least as broad as specified for the underlying coverages,
Any such coverage provided under ari umbrella liability policy shall include a drop down
provision providing primary coverage above a maximums self-insured retention for liability not
covered by primary but cowered by the umbrella. Coverage shall be provided on a "pay on behalf
of basis, with defense costs payable in addition to policy limits, Policy shall contain a provision
obligating insurer at the time insured's liability is determined, not requiring actual payment by
insured first. There shall be no cross - liability exclusion precluding coverage for claims or suits
by one insured against another. Coverage shall be applicable to City for injury to employees of
Design Professional, subconsultants or others involved in performance of the Services, The
scope of coverage provided is subject to approval of City following receipt of proof of insurance
as required herein, Limits are subject to review but in no event less than $2,000,000 (Two
Million Dollars) per occurrence.
�2
11266510 80078/0012 v2012 -09
5. Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Design Professional and "Covered Professional. Services" as designated in the
policy must include the type of work performed under this Agreement. The policy limit shall be
no less than $2,000,000 (Two Million Dollars) per claim and in the aggregate.
6. Insurance procured pursuant to these requirements shall be written by insurers that
are authorized to transact the relevant type of insurance business in the State of California and
with an A.M. Bests rating of or better and a minimum financial size VII.
7. General conditions pertaining to provision of insurance coverage by Design
Professional. Design Professional and City agree to the following with respect to insurance
provided by Design Professional:
A. Design Professional agrees to have its insurer endorse the third party
general liability coverage required herein to include as additional insureds the City, its officers,
elected officials, employees, agents, and volunteers, using standard ISO endorsement No. CG
2010 with_ an edition prior to 1992, or an equivalent. Design Professional also agrees to require
all contractors, and subcontractors to do likewise.
B. No liability insurance coverage provided to comply with this Agreement,
except the Business Auto Coverage policy, shall prohibit Design Professional, or Design
Professional's employees, or agents, from waiving the right of subrogation prior to a loss. Design
Professional agrees to waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to do likewise.
C. All insurance coverage and limits provided by Design Professional and
available or applicable to this Agreement are intended to apply to the hill extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its operations
limits the application of such insurance coverage.
D. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
E. No liability policy shall contain any provision or definition that would
serve to eliminate so- called "third party action over„ claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor,
R All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises, and City shall be
responsible for the cost of any additional insurance required, Design Professional shall not slake
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect City's protection without City's prior written consent.
G. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional insured
endorsement to Design Professional's general liability policy, shall be delivered to City at or prior
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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 may terminate this agreement in accordance with Section 19 of the Agreement,
H, Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage, Design Professional agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the certificate.
I. It is acknowledged by the parties of this agreement- that all insurance
coverage required to be provided by Design Professional or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other .insurance or self
insurance available to City.
J. Design Professional agrees to ensure that subconsuitants, and any other
party involved with the Services who is brought onto or involved in the Services by Design
Professional, provide the same minimum insurance coverage required of Design Professional;
provided, however that only subconsultants performing professional services will be required to
provide professional liability insurance. Design Professional agrees to monitor and review all
such coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Design Professional agrees that upon request,
all agreements with subcontractors and other's engaged in the Services will be submitted to City
for review,
K. Design Professional agrees not to self - insure or to use any self- insured
retentions or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, architect, consultant or other entity or person in any
way involved in the performance of work on the Services contemplated by this agreement to self -
insure its obligations to City. If Design Professional's existing coverage includes a deductible or
self - insured retention, the deductible or self-insured retention must be declared to the City. At
that time the City shall. review options with the Design Professional, which may include
reduction or elimination of the deductible or self - insured retention, substitution of other
coverage, or other solutions.
L. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Design Professional ninety
(90) clays advance written notice of such change. If such change results in additional cost to the
Design Professional, and the City requires Design Professional to obtain the additional coverage,
the City will pay Design Professional the additional cost of the insurance.
M. For purposes of applying insurance coverage only, this Agreement will be
deemed. to have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
K Design Professional acknowledges and agrees that any actual or alleged
failure on the part of City to inform Design Professional of non- eonnpliance with any insurance
1126651x3 80078/0012 v2012 -09
requirement in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
O. Design Professional will endeavor to renew the required coverages for a
minimum of three years following completion of the Services or termination of this agreement
and, if Design Professional in unable to do so, Design Professional will notify City at least thirty
days prior to the cancellation or expiration of the policy or policies,
P. Design Professional shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. A coverage binder or letter front Design Professional's insurance
agent to this effect is acceptable. A certificate of insurance and /or additional insured
endorsement as required in these specifications applicable to the renewing or new coverage must
be provided to City within file days of the expiration of the coverages.
Q. The provisions of any workers' compensation or similar act will not limit
the obligations of Design Professional under this agreement. Design Professional. expressly
agrees that any statutory immunity defenses tinder such laws do not apply with respect to City, its
officers, elected officials, employees, agents, and volunteers.
R. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements Dior as a waiver
of any coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not intended by
any party or insured to be limiting or all - inclusive.
S. These insurance requirements are intended to be separate. and distinct from
any other provision in this agreement and are intended by the parties here to be interpreted as
such.
T. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts with. or
impairs the provisions of this Section.
U. Design Professional agrees to be responsible for ensuring that no contract
entered into by Design Professional in connection with the Services authorizes, or purports to
authorize, any third party to charge City an amount in excess of the fee set forth in the agreement
on account of insurance coverage required by this agreement. Any such provisions are to be
deleted with reference to City, It is not the intent of City to reimburse any third party for the cost
of complying with these requirements. There shall be.no recourse against City for payinent of
premiums or other amounts with respect thereto.
V. Design. Professional agrees to provide immediate notice to City of any
claim or loss against Design Professional arising out of the work performed under this
agreement. City assumes no obligation or liability by such notice, but has the right (but not the
dray) to moIlitor the handling of any such Claim or claims if they are likely to involve City.
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EXHIBIT D
Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional
Project Director — Iver Skavdal, PE
Construction Manager — Jim Winter, PE
Lead Inspector — Roger Simpson
Construction Manager Assistant — Terrie Zwillinger
Public Communication — Terrie Zwillinger
Project Coordinator — Laura Bryan
Materials Testing — RGH
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Exhibit E
Design Consultant Requirements
The Consultant agrees to the following standards and practices in performance of
engineering design duties.
1. The consultant shall assign one project manager who is responsible for the
overall completion of the project and fulfillment of these requirements.
2. Reimbursable expenses shall be considered to be included in the not to exceed
price. Consultant project managers are expected to staff= within the not -to- exceed
price.. It is the responsibility of the consultant to document any work outside the
agreed upon scope of work including the cost of such work. Work outside the
scope of work completed without prior authorization by the City is done at risk
by the consultant.
3. All plan check design drawings shall be submitted full size (34" x 22" or
equivalent) for review, unless otherwise requested by the City.
4. A minimum of two copies of the plans and specifications will be submitted for
each plancheck,
5. The specification will use the latest version of the City of Rohnert Park
boilerplate Contract Document and Specifications for the project. The consultant
will receive the most current version of the specification from the Engineering
Administrative Assistant for each design project via email. This shall be
modified by the City for insurance requirements, contract time, liquidated
damages and environi- rental mitigation measures,
b. The Division 1 technical specifications shall include a project description. The
project description will generally describe the location, and the extents of the
project and what work is included in the project. This description shall be
suitable for insertion into legal docurnents and council summary packages, It
shall provide a quick overview of the project that a lay person can understand.
Z Technical specifications shall include a description of ]aid items. If the teclulical
specifications are in CSI format, a list of bid descriptions shall be included in the
Division 1 sections, The bid descriptions shall snatch the bid line items.
8. Division 1 shall include a complete consolidated list of submittals for the project.
9. Electronic documents sent to the City for review shall be in Word format,
10. Plans and specifications shall, as much as possible and within good engineering
practice, refer to the City of Rolhnert Park Manual of Standards, Details and
Specifications which can be downloaded from the City's website at
www.rpcity.org When Standard Details are incorporated they shall he by
reference rather than shown on the plans.
11. The consultant shall note the need for any permitting through the State or other
entities including Caltrans, Corps of Engineers, RWQCB, BAAQMD, SCWA, and
the County of'Sono>na. Consultant is responsible for initiating contact with the
permitting agency, meeting with the permitting agency as needed and
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completing all permit applications as completely as possible prior to sending to
the City for signature.
12. The consultant shall note the need for any easements or rights of way required
for the project including private landowners, Caltrans, SCWA, and the County of
Sonoma. Consultant is responsible for initiating contact with the other entity and
completing all easement or right of way forms, including property descriptions
as needed, as possible prior to sending to the City for review.
13. The consultant shall develop a project checklist which includes all project
paperwork requirements resulting from permitting, easements and funding
agreements.
14. At least 45 days prior to bid opening, the consultant shall provide a draft staff
report for presentation to City Council requesting to authorize advertisement- for
bids.
15. The consultant shall complete all noticing and bidding of the project. This
includes mailing notices to the City's five required Trade journals /Plan Check
Houses. Notice shall be mailed at least 30 clays prior to the bid opening.
16. The consultant shall make bid copies of the bidding documents, plans and
specifications, distribute these and, collect payment for the plans and
specifications to offset their cost.
17. The consultant shall arrange for and conduct the pre-bid meeting, if such a
meeting is deeined necessary.
18. The consultant shall provide all addenda for the bid package as needed, using
the City's addendum form available on the City's website.
19. After issuance of final addenda and prior to issuance of the Notice to Proceed,
the consultant will prod-Lice ten (10) conformed sets of plans and drawings that
incorporate all the addenda. This shall be clone by making the changes on the full
size drawings adding the addenda to the front of the specifications hooks,
Consultant shall note the changes on the drawings and in the appropriate place
in the Specifications by using the Delta syinbol (A). All addenda shall also be
bound into the front of the specifications book, behind the front cover and before
the cover page, with most recently issued addendum on top. Addenda pages
shall be printed on different color paper than the specifications.
20. Before bid crate, consultant shall provide all electronic files to the City. The
project plans shall be in pdf format in one file folder with a separate document
for each page. Specifications shall be in Word format; the Engineer's Estimate
shall be in Excel format.
21. After bidding the consultant will check the bids for conformance with the
contract and bid requirements and determine the responsiveness of each bidder.
This includes checking any applicable licenses and qualifications. This shall
include checking as required, references to deternnine required experience. The
consultant shall analyze the bids to determine the lowest responsive bidder and
comment on any large discrepancies between the engineer's estimate and the love=
bid. The consultant shall create the bid table it1 Excel format, reconunend
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selection of the lowest responsive bid, and justify the rejection of any bids as
needed. The consultant shall create a staff report for submission to the City
Council providing recornixiendations for award and or rejection of bids.
22. The consultant shall review submittals pertaining to the project and provide
corm - rents, rejection, or stamp "No Exceptions Taken" as appropriate.
23. The consultant shall review submittals and RFIs pertaining to the project and
provide responses and guidance as required.
24. After construction is complete, the consultant will create Record Drawings (as-
built drawings) based on the contractors marked up set of plans, in electronic
format and scan the as -built drawings into pelf format and deliver one copy on
bond paper and electronic as -built drawings to the City.
The requirements for as -built plans are as follows;
a. The As- Builts shall include the contl•actor's name, address, phone number and
approximate date of project completion.
b. Archived Plans shall be of the originally approved plaits (Conformed Plans),
including signatuf•es of approval, with all contract change order(s), field directives and
as -built information added over the originally approved information.
c._ Archived Plans shall be provided in an electronic format such as Adobe PDF or Tiff
file formats, a minimum of 200 Dot per Lich resolution, optimized to a file size not to
over burden the typical computer workstation or take more than 5 seconds to open on
said workstation.
d. The entire set of plans may be, in one file or one file for each sheet but not both, in
order to comply with number 3 above.
e. The Archived Plans shall not be made directly from the electronic drawing files,
because this introduces a chance for error or something changed, deleted or otherwise
different from the originally approved plans. As a secondary option, the Archived
Plans made be provided in duplicate, one set of the originally approved flans
(conformed plans) and a second set of the electronic drawings revised to include
contract change order, held directives and as -built information added (no deletions) to
the plans, then provided in one of the file formats described in number 3 above.
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