HomeMy WebLinkAbout2015/03/10 City Council Resolution 2015-044# 1 # I I I DKOJIWAL401IRLORWO3 # R0 ZEN '
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2014-01 WITH GHD,
WHEREAS, the City of Rohnert Park General Plan and Public Facilities Finance Plan
describe the Eastside Trunk Sewer and Snyder Lane Widening as infrastructure necessary to
support new development; and
WHEREAS, the City of Rohnert Park (City) has formed an Underground Utility District
along Snyder Lane to facilitate a Pacific Gas & Electric Company (PG &E) Rule 20A Project to
underground the overhead electrical and communication utilities on Snyder Lane between
Southwest Boulevard and Copeland Creek; and
WHEREAS, PG&E is completing its design of the utility undergrounding project in
anticipation of undertaking construction in the spring of 2015; and
WHEREAS, the City is currently completing its design of the Eastside Trunk Sewer
Phase III and Snyder Lane Widening Project No. 2014 -01, in anticipation of beginning
construction in the summer of 2015; and
WHEREAS, the scope of Eastside Trunk Sewer Phase III and Snyder Lane Widening
Project No. 2014 -01 has been expanded to include a planned overlay of the Community Center
Parking Lot and an overlay of a portion of Snyder Lane between Southwest Boulevard and East
Cotati Avenue because these can be effectively and efficiently accomplished in conjunction with
the Snyder Lane widening work; and
WHEREAS, both PGE's Utility Undergrounding Project and the City's Eastside
Trunk Sewer Phase III and Snyder Lane Widening are significant public works construction
projects requiring oversight and inspection to achieve quality results for the City; and
WHEREAS, the City does not have sufficient staff resources to accomplish the oversight and
inspection of these projects in addition to its other work; and
WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the
City's purchasing functions shall be governed by the city's purchasing policy; and
WHEREAS, consistent with the Purchasing Policy Section 3.6.6(D) the City solicited
proposals for the construction management and inspection services associated with the Eastside Trunk
Sewer Phase III and Snyder Lane Widening Project and received four proposals from qualified
consultants; and
WHEREAS, City staff reviewed the proposals and unanimously recommends the
selection of GHD, Inc., to perform the work because of proven qualifications of the firm's
proposed staff and the firm's proven experience with the City's Eastside Trunk Sewer Phase I
and Il projects; and
WHEREAS, Consultant has provided a proposal and Consultant and staff have
negotiated to arrive at a proposed cost representing a reasonable proportion of the estimated
construction costs; and
WHEREAS, the City's Finance Director has been authorized to make the appropriations
necessary to cover these new contract services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the Design Professional Services Agreement re:
Construction Management Services for the Eastside Trunk Sewer Phase III and Snyder Lane
Widening Project No. 2014 -01 with GHD, Inc. in the amount of $959,500.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park,
including execution, if necessary, in substantially similar form to the amendment attached hereto
as Exhibit "A," subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 10th day of March, 2015.
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oAnne M. Ilucrglell, City C rk.
Attachments: Exhibit A
CITY OF ROHNERT PARK
..... ____ ...
Amy O. Ahanotu, Mayor
CALLINAN: MACKENZIE: NEE STAFFORD: e' BELFORTE: N49 AHANOTU: pyE
AYES: (rj ) NOES: ( 0 ) ABSENT: (lam ) ABSTAIN: ( b )
2015 -044
THIS AGREEMENT is entered into ayofds _____ day of 2015 ,hvand
between the CITY [)FR(}RNERJ' PARK ("Ckv"),n California municipal oodGBD
Inc. yl)ooiguProfeookonu`l,uCalifornia corporation.
Recitals
WHEREAS, City desires 1n obtain construction management and inspection services in
connection with its Eastsidu Trunk Sewer Phase III and Snyder Lane Widening Project; 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 ro{ubn Design Professional pursuant to this Agreement to
provide the services described in Section I of this Agreement.
I. 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 on Exhibit A.
2. . The mcrv�000f Design 9roteaak)ou are tocon000cuco
upon recciptofuvvd1�m on1iceto proceed from City, but in no event prior to receiving u 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 no
later than twenty-four months from the date of this contract, unless an extension is authorized by
the City. Design Professional shall perform its services in accordance with the oobcduln 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.
COMDensation and Method ofPayment.
A. Compensation. The compensation to be paid to Design Professional,
including both puyouuut for professional services and /ebnhurnab|s expenses, shall be at the rate
and schedules attached hereto no Exhibit B. However, i000 event shall the amount City pays
Design Professional exceed Nine-Hundred Fifty-Nine Thousand Five Hundred Dollars
($ 959,500.00). Payment by City under this Agreement shall not bc deemed n waiver of
unsatisfactory work, even if such defects were known tothe City m1 the time of payment.
B. Timing of Payment.
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112665 1 v3 80079/0012 v2012-09
U\ Design Professional shall submit itemized invoices for
work performed. City shall make payment, iu full, within thirt�
/3[A days after approval oy the invoice hvCity.
[n Payments due and payable io Design Professional for cuff out
services must hc within the current budget and within anavailable,
nuoxbuustcd and unencumbered appropriation n{ the City. In the
event the City has not appropriated xuOOoion1 funds for payment oy
Design Professional services beyond the current fiaCulyear, this
Agreement xbo!l cover only those costs incurred np1othe
conclusion nfthe current fiscal year; payment for additional work
iu conditional upon future City appropriation.
C. Changes in Compensation. Design Professional will not undertake any
work that will incur cngm in excess of the a000001 set forth in Ssuduu 3(A) vvhbnu8 prior vmhtou
amendment 1n this Agreement.
D. Standard of Quality. City relies upon the professional ability of Design
Professional as mnuo1oda} inducement to entering into this /\groccueu1. All work performed hy
Design Professional under this Agreement shall be in accordance with all applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
professionals iu Design Professional's field of expertise.
D. Taxes. Design Professional shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance contributions,
Workers Cnoop00001iou insurance premiums, mu|ca 1usrm, use taxes, personal property taxes, or
other taxes or aoneomoueodn now or hereafter in effect and payable by rru000 of or in connection
with the services to be performed by Design Professional.
F. No Overtime or Premium 9uv. Domi90 Professional shall receive nn
premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty
(4U) hours per work week, or work performed during non-standard business hours, such as in the
evenings o,on weekends, unless opeuifioul)yrequired hy the applicable task order and authorized
hy City inwriting. Design Professional shall not receive a premium or enhanced pay for work
performed oua recognized holiday. Design Professional shall not receive paid time off for days
not worked, whether it be in the fhon of sick leave, administrative leave, or for any other form of
absence.
G. Litigation Support. Design Professional agrees to testify o1 City's request
if litigation is brought against City in connection with Design Professional's report. Unless the
notinu io brought hy Design Professional or is based upon Design Professional's negligence, City
will compensate Design Professional for the preparation and the testimony at Design
Professional's standard hourly rates, if requested by City and not part of the litigation brought by
City against Design Professional.
4. Amendment to Scope of Work. City shall have the right 10 amend the Scope nf
Work within the Agreement by written notification to the Design Professional. In such event,
11266510 80078/0012 v2012-09
the compensation and time of performance shall he subject 0u renegotiation upon written demand
of either party 0n the Agreement. Failure of the Design Professional to secure City's n«bteu
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 ouoruiL etc. for work done without the appropriate City authorization.
5. Duties of City. City shall provide all information requested hv Design
Professional that im reasonably necessary to performing the Scope ofWork. City retains all
rights of approval and discretion with respect b) the projects unduudodukbogacoutemyio1odhv
this Agreement.
6. Ownership of Documents.
A. The plans, specifications, estimates, programs, reports, models, and other
material prepared bymon behalf nf Design Professional under this Agreement including all
druttm and working documents, and including electronic and paper {ocozm (collectively the
°]Joounoeo1o")" shall be and remain the property of the City, whether the Services are completed
or not. Design Professional mbu|| deliver all Documents toCity, upon request ut(l)the
completion nfthe Services, (2) the date nftermination oy this Agreement for any reason, or (3)
request hyCity in writing, or (4) payment ofall monies due to Design Professional.
B. The Documents may hr used by City and its officers, elected officials,
rnoy|oyusn, agents, and volunteers, and uamiguo" in whole orinpart, or in modified form, for all
purposes City may deem advisable without further employment of or payment of any
compensation to Design Professional. lf City desires 10 modify Documents before using them,
City shall obtain written consent from Design Professional for any such noodifiuuiiou,and such
consent shall not unreasonably hewithheld. lf City cuodificuDocuments without obtaining
written consent from Design Professional, Design Professional rbu/) not he liable to City for any
damages resulting from use of such modified Documents, provided that the Design Professional
was not u proximate cause of such damages.
C. Design �cof�amk�na r�tub�a�bc 'uh/ in and tothe intellectual
, .'��~-��
property depicted bn the Documents subject to Design Professional's limitations and City's rights
and licenses set forth in this Agreement. City`s ownership interest inthe Documents includes the
following single, exclusive license from Design Professional: Design Professional, for itself, its
enup|nycom, brirx" oucoemanrm and assigns, bcrohy grants (and if any subsequent grant is
ocucxsury, 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 orcreate, alone or jointly with others, in or
with respect tothe D0000uurts" including without }ioudo1iou all analysis, reports, designs and
graphic rrpreocu1utinua. Chv`o iiocuuo abaD include the right to ouhUonose, sbuU be for all
purposes with respect tn each right of copyright, and abaU be vvidzou\ restriction.
D. Design Professional shall include in all subcontracts and agreements with
respect to the Services that Design Professional negotiates, ianguage which in consistent with this
Section 6.
112665 10 80078/0012 v2012-09
E. All reports, information, data, and exhibits prepared or assembled by
Design Professional in connection with the performance of its Services pursuant to this
Agreement are confidential until released by the City to the public, and the Design Professional
shall not make any of these documents or information available to any individual or organization
not employed by the Design Professional or the City without the written consent of the City
before any such release. This provision shall not apply to information that (1) is already in the
public domain, (2) was previously known by Design Professional, (3) Design Professional is
required to provide by law, or (4) reasonably required by Design Professional to conduct its
defense in a legal or similar proceeding, so long as Design Professional notifies City in writing
before use of such information.
7. Employment of Other Design Professionals, Specialists or Experts.
A. Design Professional will not employ or otherwise incur an obligation to
pay other consultants, specialists or experts for services in connection with this Agreement
without the prior written approval of the City.
B. Design Professional represents that it has, or will secure at its own
expense, all personnel required in performing the Services. All of the Services required
hereunder will be 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.
Key Personnel for this contract are listed in Exhibit D.
D. Design Professional shall provide City with a minimum twenty (20) days
prior written notice of any changes in Design Professional's Key Personnel, provided that Design
Professional receives such notice, and shall not replace any Key Personnel with anyone to whom
the City has a reasonable objection.
E. Design Professional plans to retain the subconsultants listed in Exhibit D,
who will provide services as indicated in Exhibit D.
F. Design Professional will not utilize subconsultants other than those listed
in Exhibit D without advance written notice to the City. Design Professional will not utilize a
subconsultant to whom the City has a reasonable objection. Subconsultants providing
professional services will provide professional liability insurance as required in Exhibit C unless
the City waives this requirement, in writing.
8. Conflict of Interest.
A. Design Professional understands that its professional responsibility is
solely to City. Design Professional warrants that it presently has no interest, and will not acquire
any direct or indirect interest, that would conflict with its performance of this Agreement.
Design Professional shall not knowingly, and shall take reasonable steps to ensure that it does
not, employ a person having such an interest in the performance of this Agreement. If Design
M
1126651x3 80078/0012 v2012 -09
Professional discovers that b has employed aperson with n direct mindirect interest that would
conflict with its performance o[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.
D. Design Professional (including principals, associates and professional
onop/oyeoo) uovcuuuto and represents that it does not now have any iuvoubnoo1 or iotorcoi in [eo/
property and shall not acquire any interest, direct orindirect, in the area covered hythis xnutrao<
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 abu\) perform any services under this /\grooroord.
C. Design Professional iu not u designated employee within the meaning of
the Political Reform Act because Design Professional:
/l\ Will conduct research and arrive n1 conclusions with respect 1n
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 un authority with respect tn any City decision beyond
the rendition ofinformation, advice, recommendation o; counsel (FPPCReg. 18700(a)(2)\.
9. Interest of Members and Employees of City. Nn member of the City and unother
officer, elected official, employee, agent or volunteer of the City who exercises any functions or
responsibilities in connection with the carrying out of any project 1oYvbicbdbio/\grermont
pertains, obuU have any personal interest, direct orindirect, iu 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 io directly or
indirectly interested.
IO. Liability of Members and Employees of City. No member nf the City and no
other officer, elected official, employee, agent or volunteer ofthe City sbuU he personally Uohb
to Design Professional or otherwise in the event of any default or breach ofthe 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.
II.
A. Io the fullest extent permitted by law without
California Civil Code Sections 2782 and 2782.0), 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 "lndecuodocu") from and
against any and all o|oioux, loss, cost, damage, injury (including, vvdbout|inoitu1ioo" injury to or
death of an employee of Design Professional or its subconsultants), expense and liability of
every kind, nature and description (inuloding, without limitation, fines, penalties, incidental and
consequential damages, reasonable court costs and reasonable attorneys' fees, litigation expenses
and fees nf expert consultants or expert witnesses incurred in connection therewith, and costs of
11266510 00078K012v2012 09
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 Indemnitee. Notwithstanding any provision of this Agreement to the contrary, the extent of
Design Professional's obligation to defend, indemnify, and hold harmless shall be governed by
the provisions of California Civil Code Section 2782.8.
B. Neither termination of this Agreement nor completion of the Services shall
release Design Professional from its obligations under this Section 11, as long as the event giving
rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective
date of any such termination or completion.
C. Design Professional agrees to obtain executed indemnity agreements with
provisions identical to those set forth in this section from each and every subconsultant or any
other person or entity involved by, for, with or on behalf of Design Professional in the
performance of this Agreement. If Design Professional fails to obtain such indemnity
obligations from others as required, Design Professional shall be fully responsible for all
obligations under this Section. City's failure to monitor compliance with this requirement
imposes no additional obligations on City and will in no way act as a waiver of any rights
hereunder. The obligation to indemnify and defend City as set forth herein is binding on the
successors, assigns or heirs of Design Professional and shall survive the termination of this
Agreement or this section.
D. Design Professional's compliance with the insurance requirements does
not relieve Design Professional from the obligations described in this Section 11, which shall
apply whether or not such insurance policies are applicable to a claim or damages.
12. Design Professional Not an Agent of City. Design Professional, its officers,
employees and agents shall not have any power to bind or commit the City to any decision.
13. Independent Contractor. It is understood that Design Professional, in the
performance of the work and services agreed to be performed by Design Professional, shall act
as and be an independent contractor as defined in Labor Code 3353 and not an agent or
employee of City; and as an independent contractor, Design Professional shall obtain no rights to
retirement benefits or other benefits which accrue to City's employees, and Design Professional
hereby expressly waives any claim it may have to any such rights.
14. Compliance with Laws.
A. General. Design Professional shall (and shall cause its agents and
subcontractors), at its sole cost and expense, comply with all applicable federal, state and local
laws, codes, ordinances and regulations now in force or which may hereafter be in force during
the term of this agreement. Except as otherwise allowed by City in its sole discretion, Design
112.66510 900711(0012 v2012 -09
Professional and allsuhcoomubants shall have acquired, at their expense, u business license from
City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code prior to City's
issuance of an authorization to proceed with the Services. Such license(s) must be kept valid
throughout the term of this Agreement. Any corrections to Design Professional's reports or other
Documents (um defined in Section 6) that become necessary as a result of Design Professional's
failure to comply with these requirements sbo|| be nuudr at the Design Professional's expense.
D. Updates. Should Design Professional hcoocue aware that the roqoirenusu1a
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 o1 the written direction of City. Design Pnoteooionu|`o costs for providing
services pursuant 10 this paragraph obol| be submitted to City as /\dddiouu| Services.
C. Licenses and Permits. Design pco{eaui000l represents that it has the okU)z,
expertise, licenses and permits necessary tn perform the Services. Design Professional ubaU
perform all such Services in the manner and according tothe standards observed hyocompetent
practitioner ofthe same profession io which Design Professional is engaged. All products of
whatsoever nature which Design Professional delivers to City pursuant to this /\grocrucui shall
conform tothe standards of quality normally observed by opernoo practicing in Dooi@p
Professional's profession. Permits and/or licenses shall heobtained and maintained byDesign
Professional without additional compensation throughout the tcmn of this Agreement.
D. Documents Stamped. Design Professional shall have documents created
as part of the Services to be performed under this /\&recnueut stamped by registered ynnteosiouula
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 he charged an additional fee to have such documents stamped. .
E. . Design Professional ucdifioothat i1im aware of
the provisions of the California Labor Code which require every employee tobo insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Design Professional certifies that it will comply with such
provisions before commencing performance of this Agreement.
F. Prevailing Wage. Design Professional and Design Professional's moh-
ooumoltaotm, ubuU, to the ox1uct required bythe California Labor Code, pay not less than the |n1emt
prevailing wage rates to workers and professionals as determined by the Director of Industrial
Rc|o1inum of the State of California pursuant to California Labor Code, Pmt 7, Chapter l, Article
2. Copies of the applicable wage determination are on file utCity Clerk's office. This provision
to comply with prevailing wage laws takes precedence over the provisions of paragraph 3.E.
G. Injury and Illness Preventigp Program. Design Professional certifies that
it is aware of and has complied with the provisions of California Labor Code Section 6401.7,
vvbiob requires every employer to adopt avvrittoo injury and i|luoom prevention program.
l�2605 1v300070/0012v2012-09
BL City Not Responsible. City is not responsible mliable for Design
Professional's failure to comply with any and all of the requirements set forth in this Agreement.
15. Nonexclusive Agreement. Design Professional understands that this im not nu
exclusive Agreement and that City obaD have the right to negotiate with and uotcc into 0001cuotn
with others providing the same or similar services uo those provided by Design Professional as
the City desires.
lh. Confidential Information. All data, documents, discussions o; other information
developed o; received hvor for Design Professional in performance of this Agreement acn
confidential and not tobedisclosed to any person except as authorized hy City, as required by
law, mas otherwise allowed by this Agreement.
27. Insurance. I)eoiRo Professional shall provide insurance iu accordance with the
requirements of Exhibit C.
18. Assignment Prohibited. Design Professional obeU 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 sbuU uountd:to grounds for termination.
19. Termination,
A. If Design Professional at any time refuses mneglects 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 ou assignment for the boocfi\of creditors without City's
consent, or fails to make prompt payment to persons furnishing labor, equipment, materials or
services, or fbDy 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 nbuU
beiudefault.
B. If Design Professional fails to cure the default within seven (7)days after
written notice thereof, City may, at its sole option, take possession of any Documents or other
materials (in paper and electronic form) prepared or used by Design Professional and (l) provide
any such work, labor, nuaiedolm or services as may he 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 k)immediate
possession of all Documents and work in progress prepared bv Design Professional, vvbu1bor
located at Design Professional's place of business, or at the offices of a subconsultant, and may
employ any other person or persons to finish the Services and provide the materials therefor. In
cumu o[ such default termination, Design Professional mbu)| not beentitled to receive any further
payment under this Agreement until the Services are completely fioiubed.
H 2665 10 80078/0012 v2012 09
D. In addition to the foregoing right to terminate for default, City reserves the
absolute right to terminate this Agreement without cause, upon 72- hours' written notice to
Design Professional. In the event of termination without cause, Design Professional shall be
entitled to payment in an amount not to exceed the Not -To- Exceed Amount which shall be
calculated as follows: (1) Payment for Services then satisfactorily completed and accepted by
City, plus (2) Payment for Additional Services satisfactorily completed and accepted by City,
plus (3) Reimbursable Expenses actually incurred by Design Professional, as approved by City.
The amount of any payment made to Design Professional prior to the date of termination of this
Agreement shall be deducted from the amounts described in (1), (2) and (3) above. Design
Professional shall not be entitled to any claim or lien against City for any additional
compensation or damages in the event of such termination and payment. In addition, the City's
right to withhold funds under Section 19.C. shall be applicable in the event of a termination for
convenience.
E. If this Agreement is terminated by City for default and it is later
determined that the default termination was wrongful, such termination automatically shall be
converted to and treated as a Termination for Convenience under this Section 19 and Design
Professional shall be entitled to receive only the amounts payable under Section 19.D.
20. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as he /she deems necessary due to
unfavorable conditions or to the failure on the part of the Design Professional to perform any
provision of this Agreement. Design Professional will be paid for satisfactory Services
performed through the date of temporary suspension. In the event that Design Professional's
services hereunder are delayed for a period in excess of six (6) months due to causes beyond
Design Professional's reasonable control, Design Professional's compensation shall be subject to
renegotiation.
21, Entire Agreement and Amendment. This Agreement constitutes the complete and
exclusive statement of the agreement between City and Design Professional and supersedes any
previous agreements, whether verbal or written, concerning the same subject matter. This
Agreement may only be amended or extended from time to time by written agreement of the
parties hereto.
22. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort and no provisions shall be interpreted against a party on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
23. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
24. Time of the Essence. Time is of the essence of this Agreement.
us
ll 1266510 80078 /0012 v2012...09
25. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires mis required to give to the other party shall be in
writing and either served personally or sent 6v prepaid, first class mail. Any such notice,
demand, etc. sbo|1 be addressed to the other party at the address set forth bnrebnholnvv. Either
party may change its address by notifying the other party of the change of address. Notice shall
be deemed communicated vvidbio 48 buuo from the time ofmailing if mailed as provided in this
section.
{ftoCity: City Manager
City of RobnodPark -ChvBoU
l90/\vrumAvenue
RnbnertPuck C}\ 94928
Iftm Design Professional: G}{I}Inc
2235 Mercury Way Suite l50
Santa Rosa, CA95405
Attn: lverSkuvdul
26. Desian Professional's Books and Records.
A. Design Professional shall maintain any and all ledgers, books ofaccount,
invoices, vouchers, canceled checks, and other records ocdocuments evidencing or relating to
charges for services, nr expenditures and disbursements charged to City for a minimum period o{
three (3) years, nc for any longer period required 6v law, from the date nffiuo| payment to
Design Professional.
B. Design Professional shall maintain all documents and records which
deouoom\co1e perfb,nuauco under this Agreement for uroiniznunu period of three (3) yearn, 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 nf these officers. Copies of such documents shall he provided to City for
inspection when it is practical tndo so. Otherwise, uo/uns an ubecuodive is mutually agreed
upon, the records xbo)) be available ot Design Professional's address indicated for receipt of
notices in this Agreement.
D. City nmuY,by written request by any nf the above-named officers, require
that custody of the records be given to City and that the records and documents be maintained in
the City Manager's office. Access 10 such records and documents shall bo granted to any party
authorized by Design Professional, Design Professional's representatives, or Design
Professional's successor- iu-in1on:nt.
E. Pursuant to California Government Code Section l0527,the parties to this
Agreement shall be subject to the examination and audit of representative of the Auditor General
of the State nf California for operiod of three (3) years after final payment under the Agreement.
a U1
H 2665 10 80079/0012 v2012-09
The examination and audit shall be confined to those matters connected with the performance of
this Agreement including, but not limited to, the cost of administering the Agreement.
27. Equal Employment Opportunity. Design Professional iuon 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, sczuui orientation, marital
xto1ua or national origin. I)uaigu 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 nr
recruitment advertising; lay-offs or termination; rates of pay nr other forms of compensation; and
nsleu1inu for training, including apprenticeship. Design Professional further agrees to post in
conspicuous places, available to employees and ayybuan1u for employment, notices setting forth
the provisions o{ this nondiscrimination clause.
28. Unauthorized Aliens. Design Professional hereby promises and agrees 1ocomply
with all the provisions oythe Federal Immigration and Nationality Act, 8\].D.C.}\. § ll0l, s1
mcq.,ao amended, and iu connection therewith, shall not employ unauthorized aliens undefined
therein. Should Design Professional so employ such unauthorized aliens for performance of
work and/or services covered hy this Agreement, and should any liability or sanctions bo
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 onutn, including attorneys' ftox` incurred by City.
29. Section Headings. The headings of the several sections, and any table ofcontents
appended hereto, shall be solely for convenience of reference and shall not affect the meaning,
construction ur effect hereof.
30. City Not Obligated to Third Parties. City shall not hc obligated or liable for
payment hereunder 10 any party other than the Design Professional.
31. Remedies Not Exclusive. No remedy herein conferred upon nr reserved to City im
intended tnbe exclusive of any other remedy o[remedies, and each and every such remedy, to
the extent permitted by 1mp, abuK be cumulative and in addition to any other remedy given
hereunder or now or hereafter existing o1 law oriu equity orotherwise.
32. Severability. lf any one nr more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall bodeemed 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 nf City tu 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
11266510 80078/0012 v2012-09
power and remedy given by this Agreement to City shall be exercised from time to time and as
often os may bu deemed expedient io the sole discretion ofCity.
34. /\U representations, uoveuao1 and warranties set forth
in this Agreement, bymon behalf of, m for the benefit of any m all of the parties hereto, shal/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 hy this reference:
A. Exhibit A: Scope ofWork
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements to Design Professional Services
Agreement
D. Exhibit D: Key Personnel and Other Consultants, Specialists nc
Experts Employed by Design Professional
36. Execution. This Agreement may be executed iu several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when o1 least one copy hereof shall have been signed bv both parties hereto. Iu approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
37. All Design Professional and oubcououbmz news
releases, media interviews, testimony ot hearings and public comment shall bc prohibited unless
expressly authorized by the City.
38. Venue. Lu the event that suit shall ho brought hv either party hereunder, the
parties agree that trial of such action shall \e held exclusively ino state court in the County of
Sonoma, California.
39. All parties tothis Agreement warrant and represent that they have the
power and authority k) enter into this Agreement iu the names, titles, and capacities herein stated
and ou behalf nf any entities, persons, orfinnu represented or purported tobe represented 6v
such enddy(iem), person(s), or firm(s) and that all fhonu) ccgoirenuooto 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 oragrcocucu11ovvbicb[>eoign
Professional is obligated, Yvbicb breach would have umaterial effect hereon.
IN
112665 10 80078/0012 v2012-09
IN WITNESS WHEREOF, the City and Design Professional have executed this
Agreement as of the date first above written.
I
By: _ . . .............................. - By:
City Manager Title:
Date: Date:
Per Resolution -N-'o' 2"0" 20......- ...... adopted by the Rohnert Park
City Council at its meeting of March 10, 2015. DESIGN PROFESSIONAL
13
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840900311
February 9, 2015
Ms. Mary Grace Pawson, P.E.
City Engineer
City of Rohnert Park Development Services
130 Avram Avenue
Rohnert Park, CA 94928
RE: Eastside Trunk Sewer Phase III & Snyder Lane Widening Project - City Project No. 2014 -01
Dear Ms. Pawson:
Thank you for the opportunity to submit our scope and fee for Construction Management (CM) services
for the Eastside Trunk Sewer (ESTS) Phase III Project (No. 2014 -01). We have carefully reviewed the
requirements in the original request for proposal, site conditions, plans and specifications, supporting
information, and discussions with City of Rohnert Park (City) to develop this scope of work and fee. Our
team is experienced with the construction management services essential for the construction of utility
projects with challenging soil and groundwater conditions paired with community impacts and roadway
construction /restoration. This is demonstrated by our work with the City for its most recent large diameter
sewer projects: Eastside Trunk Sewer Phase I, Eastside Trunk Sewer Phase Il, and the
Interceptor /Outfall Project.
Our proposed team was assembled specifically for this assignment to exceed your expectations for the
project. This is demonstrated through three key points:
1. Our project team is local and understand the City's need for responsiveness from the entire CM
team, including the Project Director, Resident Engineer, inspectors, and all of the construction
management support team;
2. We know the project better than anyone, having supported various aspects of the design
development and having managed the construction efforts for ESTS Phase I, ESTS Phase ll; and
3. We are highly qualified for the construction management and inspection of challenging roadway
construction, utility infrastructure projects, and providing public outreach.
Unmatched Project Understanding
We also understand the drivers and specific needs for the project: having worked with the design team for
constructability review and design assistance for various aspects of the project. Through this work, we
know that the primary goal of the project is to promote quality construction and simply put, to get the job
done with minimal to no delays and /or complications. We are familiar with current and potential issues,
project details, have met with City staff and walked the project route numerous times.
IV °IIIIID Inc
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Scope Highlights
Confirming Rule 20 Locations: We have estimated our inspector to be on site part time to monitor the
location and the elevations of the proposed relocated utilities so that they will not conflict with our future
work. The amount of time will be split between the inspector and survey to accurately locate the new
locations of the utilities. Our on -site inspector, Roger Simpson, understands the repercussions and
actions needed if the utility company moves the installation of their utilities during installation.
Materials Testing: We are teaming with RGH Geotechnical & Environmental Consultants to provide
quality assurance testing on the project. RGH is very familiar with working for the City of Rohnert Park
and they have a certified laboratory located in Santa Rosa.
Public Outreach: Our proposal is to provide support to the City's Public Outreach Consultant and the
City. GHD will attend public meetings and provide input to the current schedule of work activities which
impact the general public.
GHD is a long- standing engineering firm in Sonoma County with a proven ability to deliver similar services
for the City of Rohnert Park and other agencies. Utilizing the same firm that prepared the design
documents to conduct the construction management services adds greater project value. Our
construction manager, Jim Winter, will be the City's advocate for construction phase needs and
independent of design phase decisions. We believe our collective firm strengths and location are tailored
to successfully complete the Eastside Trunk Sewer Phase III & Snyder Lane Widening Project for you.
If you have any questions about this scope and fee, our proposed methods or other elements of the
proposal, please do not hesitate to contact us. This proposal is valid for 90 days from the submittal date
and has been signed by Iver Skavdal, P.E. Iver, has the authority to negotiate and bind our firm to the
terms of the contract. This proposal is submitted on behalf of the GHD consultant team.
Sincerely,
GHD Inc.
<,.
Iver Skavdal, P.E
Principal / Project Manager
707.523.1010 (office)
707.479.4837 (mobile)
iver.skavdal @ghd.com
G141uD ui roc,
2235 IL'Ier .uryWiy Sulfite ].50 Saant,u Rosa CA 95407 USA
i 1707 523 2,010 F 1707 527 8679 GS usintsarosa@&d.corn WN www.ghdxurn
Jim Winter, P.E.
Construction Manager / Resident Engineer
707.523.1010 (office)
707.689.7534 (mobile)
jim.winter @ghd.com
RP ESTS SCOPE OF WORK
GENERAL PROJECT DESCRIPTION
GHD will provide construction management and observation /inspection services for the East Side Trunk
Sewer Phase III and Snyder Lane Widening Project. This scope of work is based on providing a Principal
in Charge, a senior level Construction Manager, a senior -level on -site observer /inspector, and
construction support (Construction Management Team) for the project. The widening of Snyder Lane
includes expanding the existing road from a two -lane road to four lanes with turn pockets, bike lanes,
curb, gutter, sidewalk, a new traffic signal at Rancho Cotati High School, traffic signal modifications at
Snyder and the Expressway, new street lighting, and the extension of a box culvert at Copeland Creek.
The project also includes the relocation of several existing utilities, including storm drains, above ground
electrical - telephone poles, telephone conduit, cable TV and the 8 -inch high pressure gas main. The final
segment of the East Side Trunk Sewer (ESTS) involves extension from the existing stub out from Phase II
at the intersection of Snyder Lane and Southwest to Rohnert Park Expressway ending with a connection
to the University District system. The proposed ESTS is approximately 2,400 feet of 24 -inch sanitary
sewer trunk main. Sewer service laterals are to be reconnected, including Rancho Cotati High School, a
business park, two apartment complexes, residential housing tracks, Sonoma State University, and the
Spreckels Performing Arts Center. There are also water services and storm drain inlets that will need to
be extended and connection locations modified due to the street widening. The project will require traffic
and pedestrian control during all phases of the construction process. Communication of traffic impacts
will be important due to the large volume of traffic in this section of roadway. The scope of work also
includes subcontracts with RGH Geotechnical & Environmental Consultants to perform the Materials
Testing of concrete, controlled low- strength material, soils, and asphalt.
SCOPE OF WORK
The Scope of Work consists of four primary tasks:
Task 1: Rule 20 Observations
Task 2: Contract Administration
• Task 3: Project Completion
• Task 4: Public Outreach Support
The specific scope of work for each Task is presented below
TASK 1: RULE 20 OBSERVATIONS
The Rule 20 Observations activities include review of the construction for the Rule 20 undergrounding
work to be completed under the direction of the utility companies. The work will include documentation of
the as -built conditions plus reviewing the placement of the undergrounding utilities in relationship of the
work proposed for East Side Trunk Sewer Phase III and Snyder Widening Project.
TASK 2: CONTRACT ADMINISTRATION
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, review schedules,
provide draft documents for review and produce final documentation ready for City signature. The CMT
will do this by providing weekly updates, coordinating meetings and telephone calls, promptly transcribing
and distributing meeting notes, and through the use of a web -based document management system.
RP ESTS SCOPE OF WORK
We anticipate weekly meetings with the City's project manager after the weekly Contractor construction
meeting to review the upcoming work activities and provide status updates to the ongoing construction
issues.
The CMT will perform the following services:
Task 2.1 Perform Project Coordination. GHD will coordinate with the City staff to discuss and address
issues with the project. This will be accomplished via weekly email updates (daily when
necessary) that includes a listing of the activities that preceded the work accomplished in the
time period and a listing of issues and action items including those open and those closed. The
weekly update will also include a 2 -3 week look ahead on the schedule, and will contain an
ongoing list of outstanding critical issues. The CMT will meet periodically with the Geotechnical
Engineer and Design Engineer to keep them posted on current issues and project progress.
The Design and Geotechnical Engineer will be included in distribution list to receive the
daily /weekly updates.
The CMT will coordinate with the various businesses, residences, and schools along the project
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 Construction Manager (CM) and
assistant CM when necessary.
Task 2.2 Prepare and Conduct Pre - Construction Meeting. The pre- construction meeting will include
the City, the Design Engineer, Geotechnical Engineer of record, various utility companies,
Contractor, and major subcontractors. The CM will prepare the agenda and meeting minutes.
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);
Sonoma County Water Agency, for the box culvert on Copeland Creek; California Department
of Fish and Wildlife, U.S. Army Corps of Engineers; and the State Regional Water Quality
Control Board. 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 to all
participants after the meeting, as well as to the police and fire departments.
Task 2.3 Conduct and Document Project Meetings. The CM will conduct weekly progress meetings
and other special technical meetings throughout the project. The CM will prepare the agenda,
describing key issues, schedule status, and potential change orders, and distribute notes to
meeting participants.
Task 2.4 Review Contractors Construction Schedule. The CM will review the Contractor's project
schedule for conformance with the specifications and for reasonableness of activity durations
and sequence. The CM will perform the following activities:
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.
Task 2.5 Maintain Project Records. CMT will maintain project records, including daily logs, weekly
report of working days, inspection reports, compliance testing results, photos, measurement of
quantities, schedules, submittals, RFI's, RFC's, PCO's, change orders, month pay requests,
issues, and correspondence. Project records will be maintained in an organized manner for
RP ESTS SCOPE OF WORK
quick reference. The project records are a combination of the web -based management system
and our daily detailed field reports.
Task 2.6 Review and Evaluate Monthly Progress Payments. CM will review and evaluate monthly
progress payment requests submitted by the Contractor, negotiate differences over payment,
and recommend payment to the City. Quantity vouchers will be checked independently by the
CM to monitor quantities paid against estimated quantities.
Task 2.7 Prepare Monthly Progress Reports. CM will prepare and submit to the City a monthly
progress report, which will include a construction progress summary, construction cash flow
and payments, and summary logs for proposed change orders (PCOs) and change orders.
Task 2.8 Respond to Requests for Information (RFIs) and Issue Requests for Clarifications
(RFCs). CM will coordinate, evaluate, and manage the process of responding to RFIs and
issuing RFCs. This effort includes receiving the RFI from the Contractor or transmitting the RFC
to the Contractor, logging into the system, transmitting them to the Design Engineer for
response, coordinating with the Design Engineer on field status, tracking progress, reviewing
responses, and transmitting responses to the Contractor.
Task 2.9 Prepare Potential Change Orders (PCOs) and Change Orders. CM will coordinate and
manage the change order process, including logging, reviewing them in conjunction with
Design Engineer and City, assisting with determination of changed conditions and scope
definition as needed, developing independent cost estimates, assisting with negotiation, and
incorporating change orders into the construction contract.
Task 2.10 Coordinate Submittal and Shop Drawing Review Process. CM will coordinate the submittal
and shop drawing review process, including logging submittals from the Contractor,
transmitting to Design Engineer for response, coordinating with Design Engineer on field status,
tracking progress, reviewing responses, and transmitting responses to the Contractor.
Incomplete submittals will be returned to the contractor prior to being submitted to the Design
Engineer.
Task 2.11 Monitor Permit Compliance. CM will monitor contractor compliance with construction permits,
traffic and pedestrian control plans, and environmental compliance. CM will coordinate with the
Design Engineer and Inspector /Observer for compliance and will recommend a course of action
to City if required measures are not being met by the Contractor.
Task 2.12 Monitor Construction Record Drawings. CM will monitor the contractor's development of
construction record drawings in coordination with the progress pay request.
Task 2.13 Perform Claims Management. CM will analyze potential claims for additional compensation
that are submitted during the construction period and make recommendations to the City for
resolution. CM will coordinate and monitor claims response preparation, logging and tracking
status.
Task 2.14 Provide Field Inspection /Observation. GHD will provide a full -time on -site construction
inspector /observer to monitor the contractor's work for compliance with the contract documents,
submittals, RFIs, change orders, traffic and pedestrian control plan, public outreach plan,
environmental compliance, including SWPPP requirements.
Task 2.15 Prepare Photograph or Video Documentation. GHD will document initial site conditions
prior to contractor's commencement of construction using either still photographs or video, and
will provide additional photos of construction progress periodically throughout construction.
Task 2.16 Document Field Changes to the Drawings and Specifications. GHD will document field
changes to the contract documents on a real -time basis during the progress of construction.
Task 2.17 Prepare Daily Observation Reports. The Inspector /Observer will prepare daily observation
reports, which will be reviewed by the Construction Manager. The report will include: employee
names and labor classification, equipment identification, hours that were work and equipment
utilized, weather conditions, and issues, observations, and conversations that occurred
RP ESTS SCOPE OF WORK
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.
Task 2.18 Materials Testing. GHD will sub - contract with RGH Geotechnical Engineers and coordinate
the materials testing that are being performed in accordance with the contract documents.
TASK 3: PROJECT COMPLETION
The CMT will provide the following services during project closeout prior to completion of construction.
Task 3.1 Develop Punch List. The CMT will develop a preliminary punch list for the project and
maintain a running punch list through the course of the project. The CMT will schedule the City
and Design Engineer to conduct final completion inspections and issue final punch lists.
Task 3.2 Compile Final Records. The CMT will 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.
Task 3.3 Prepare Final Pay Estimates. The CM will prepare the final pay estimate and balance change
orders, assist with the Notice of Completion, and coordinate retention release at the conclusion
of construction.
TASK 4: PUBLIC OUTREACH SUPPORT
The CMT will provide the following services prior to the start of construction and continuing through the
construction project:
Task 4.1 Public Outreach Support. As part of the CMT, GHD will support public outreach activities of
the City's Public Outreach Consultant. This will include public meetings and assist with
communication of construction schedule so the City can post to their website and the Public
Outreach Consultant.
ASSUMPTIONS
The scope of work is based on the following assumptions:
• Means and Methods. 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.
so
11266510 80078/0012
Revised: 10/08/10
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US WEST FEE SCHEDULE
(Effective July 2014)
Hourly Rates
Principal Professional
$205-270
Senior Professional
$160-205
Professional
$ 90- 160
Principal Technical Officer
$140-170
Senior Technical Officer
$115-140
Technical Officer / Drafting
$ 75-115
Senior Administrative Officer
$125-180
Administrative Officer
$ 70-125
Senior Service Group Support
$125-180
Service Group Support
$ 70-125
Construction Manager
$210-230
Senior Site Engineer
$125-180
Site Engineer
$ 85-125
Senior Inspector
$125-180
Inspector
$ 85-125
Survey
$ 60-180
Employee time will be billed in accordance with the fees listed above. These rates are
subject to change on a semi - annual basis. For other than professional employees, time
spent over 8 hours per day, times spend on swing shifts, and time spent on Saturdays will be
charged at 1.5 times the hourly billing rate. Work on Sundays will be charged at 2.0 times the
hourly billing rate and holiday work will be charged at 2.5 times the hourly billing rate. All field
personnel charges are portal to portal. Professional employees will not be charged out a
premium charge rates for overtime work.
Expenses and other similar project related costs are billed out at cost plus 15 %. The cost of
using equipment and specialized supplies is billed on the basis of employee hours dedicated
to projects. Our rates are:
Office Consumables $ 6.00 /hr
Environmental Dept/Construction Inspection consumables $11.00 /hr
Survey Field consumables $15.00 /hr
Various Environmental, Construction and Land Survey Equipment At market
Payment for work and expenses is due and payable upon receipt of our invoice. Amounts
unpaid thirty (30) days after the issue date of our invoice shall be assess a service charge of
one and one half (1.5) percent per month.
( *) These rates do not apply to forensic - related services, or to work for which Prevailing Wage obligations exist.
It is the responsibility of the client to notify GHD Inc. in writing if Prevailing Wage obligations are applicable, in
which case the fees will be adjusted proportionate to the increase in labor costs.
Insurance Requirements to Agreement for Design Professional Services
Re: Construction Muuugeoucui 8crviorm for the Eastmidc Trunk Sewer Phase DI and Snyder Lane
Widening Project 2014-01
Z)eoiQu Professional abu)|, at all dnuea it is performing ycrviuoo under this Agreement, provide
and maintain insurance in the following types and with limits iu conformance with the
rnguironouu1m set forth below. Design Professional will use existing coverage to comply with
these ruquicoouooto. If that existing coverage does not meet the requirements set forth here,
Design Professional agrees to amend, supplement nc endorse the existing coverage 10 do so.
Design Professional acknowledges that the insurance coverage and policy limits set forth in this
section constitute the nuiuicuuon amount of coverage required. Any iumorauom proceeds available
to Design Professional in excess of the limits and coverage required in this agreement and that in
applicable to ogivco loss will hc available to City.
1. Commercial Geucrul Liability Insurance, occurrence form, using Insurance
Services (}fDue ("lS[>'') "C000cnuroio/ General Liability" policy form CG OO 01 or an approved
oquivu)suL Defense costs must he paid io addition k>limits. There shall buun cross liability
exclusion for claims or suits by one insured against another. |Lizuba are subject to review, but in
no event shall be less than $2"000.000 (Two Million Dollars) each occurrence;
2. Business Auto Coverage ou ISO Business Automobile Coverage form C/\O0O)
including oyo)ho| l (Any Auto) or an approved equivalent. l.izuda are subject to review, but in
no event shall be less than $2,000,000 (Two Million Dollars) each occurrence. If Design
Professional or its employees will use personal oo1oo in any way in connection with performance
of the Services, Design Professional shall provide evidence nf personal auto liability coverage
for each such person.
3. Workers Compensation on a state-approved policy form providing statutory
benefits uorequired by law with employers liability insurance, with minimum limits of
$1,000`000 ((}uc Million Dollars) per occurrence.
4. Excess or Umbrella Liability lomucunos ([her if used to meet 1bnd
requirements shall provide coverage u1 least ua broad amopeodfiod for the underlying oovo[ogos.
Any such coverage provided under au umbrella liability policy shall include a drop down
provision providing primary coverage above nouuxhnom self-insured retention for UahUbv not
covered 6v primary but covered 6v the umbrella. Coverage shall be provided ouo "pay oo
behalf of' basis, with defense costs payable in addition to policy limits. Policy shall contain a
provision obligating insurer at the time inmocod's hubdkv is determined, not requiring untuu|
payment by insured first. There shall hcoo cross-liability exclusion precluding coverage for
uloiuza or suits by our insured against another. Coverage shall be applicable to City for injury to
cnopioy000 of Design Professional, aubc000u)tao\oorothers involved in performance of the
Services. The scope of coverage provided is subject to approval of City following receipt of
proof oyinsurance no required herein. Limits are subject to review but iunn event less than
$2,0O0,O00 (Two Million Dollars) per occurrence.
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5. Professional Liability or Errors and Omissions Insurance om appropriate shall be
written mnu policy form coverage mpooifiou|lydesigned 0o protect against acts, errors or
omissions of the Design Professional and "Covered Professional Services" as droiguu1rd in the
policy must include the type of work performed under this Agreement. The policy limit shall he
no less than $2,000"000 (Two Million Dollars) per claim and in the aggregate.
6. Insurance procured pursuant to these requirements obol| be written by iomuccco
that are authorized to transact the relevant type of insurance business in the State ofCalifornia
and with on /\.M. Bests rating of/\- or better and ucuioicnucu fluonoiu) size VII.
7. General conditions pertaining to provision of insurance coverage byDesign
Professional. Design Professional and City agree to the following with respect to insurance
provided by Design Professional:
A. Design Professional ugrcom to have its insurer endorse the third party
general liability coverage required herein to include as additional insureds the City, its officers,
elected offioia)u" employees, ogcu\m, and volunteers, using standard ISO endorsement No. CG
2010 with an cdbino prior to 1992, or an equivalent. I}mmigu Professional also agrees to require
all contractors, and subcontractors todolikewise.
B. No liability insurance coverage provided 1u comply with this Agreement,
except the 0uaioemu Auto Coverage policy, obul| prohibit Design Professional, or Design
Professional's employees, or agents, from waiving the right of subrogation prior to a loss.
Design Professional agrees towaive subrogation rights against City regardless ofthe
applicability nfany insurance proceeds, and tnrequire all contractors and subcontractors to do
likewise.
C. All insurance coverage and |inubm provided hv Design Professional and
available or applicable to this Agreement are intended to apply to the full extent of the policies.
J4ntbiug 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 bciu compliance with these
requirements if they include any 1inuidug endorsement of any kind that has not been first
submitted to City and approved ofinwriting.
E. Y4o liability policy shall contain any provision Vr definition that would
serve to eliminate so-called "third party action over" c|oinum, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
F. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises, and City shall be
responsible for the cost o[ any additional insurance required. Design Professional shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect City's protection without City's prior written consent.
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112665 10 80078/0012 v2012-09
G. Proof of compliance with these insurance requirements, consisting of
usdifiou1eaof insurance evidencing all n[ the coverages required and um additional insured
endorsement to Design Professional's general liability policy, shall be delivered to City at or
prior tn the execution of this Agreement. lu the event such proof nf any insurance imnot
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
/\grrccncn1.
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 uertifioutemto delete any exculpatory wording stating that failure ofthe insurer tomail
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. ltia acknowledged hy the parties of this agreement that all insurance
coverage required to be provided by Design Professional or any subcontractor, is intended to
apply Drm1 and on ayrioonry, unnuocdrihodug humio in m:1u1ion to any other insurance or self
insurance available toCity.
J. Design Professional agrees \o ensure that mubunuoo|1uotm, and any other
party involved with the Services who is brought onto or involved in the Services by Design
Professional, provide the same nuiuimouou insurance coverage required of Design Professional;
provided, however that only muhuoomu}1antu por[hrouiu8 yrofemoinuu| ocrvioca will be required to
provide professional liability insurance. Design Professional agrees to monitor and review all
such coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Design Professional agrees that upon request,
all agreements with subcontractors and others engaged inthe Services will bo submitted 1oCity
for review.
K. Design Professional agrees not to self-insure or to use any oo1f-ioou,ud
retentions or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, architect, consultant nr other entity or person in any
vvoy involved in the pecfhonuooc of work on the Services contemplated by this agreement to
self-insure its obligations toCity. lf Design Professional's existing coverage includes u
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 arlC'iomurcdretcu1iou, substitution nfother
coverage, or other solutions.
L The City reserves the right at any time during the term of the contract to
change the onunuu1s and types of insurance required by giving the Design Professional ninety
(90) days advance written notice oy such change. lf such change results io additional cost 1Vthe
Design Professional, and the City requires Design Professional <o obtain the additional coverage,
the City will pay Design Professional the additional cost of the insurance.
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11266510 80078/0012 v2012-09
M. For purposes of applying insurance coverage only, this Agreement will bc
deemed to have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
N. Design Professional acknowledges and agrees that any actual oralleged
failure on the part of City to inform Design Professional of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive any rights
hereunder iothis or any other regard.
[). Design Professional will endeavor to renew the required coverages for a
moiuiomocu of three years following completion ofthe Services or termination of this ogrceznczd
and, if Design Professional in unable to do so, [>caigu Professional will notify City at least thirty
days prior to the cancellation or expiration ofthe policy orpolicies.
P. Design Professional shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been rcucvvod or replaced with other
policies providing ot least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. A coverage binder or letter from Design Professional's insurance
agent to this effect ivacceptable. /\ certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing or new coverage must
bo provided b) City within five days of the expiration of the coverages.
Q. The provisions Vf any workers' 000upcomo1ioo or similar act will not Unni1
the obligations of Design Professional under this ugrcumcoL Design Professional ouperooly
agrees that any statutory inonuuuhv deteooco under such |owm do not apply with respect to City,
its officers, elected officials, employees, agents, and volunteers.
R. Requirements ofspecific coverage ftu1orna or limits contained in this
yucdnn are not intended as )icuito1iouo on onvsrugc" limits or other rcquicncunuta nor as uvvaivcr
of any coverage normally provided hv any given policy. Specific reference toa given coverage
feature is for purposes of clarification only as i1 pertains to agiveu issue, and is not intended by
any party or insured &zhs limiting oruU-ino)umivu.
S. These insurance requirements are intended to be separate and distinct from
any other provision in this ugccorueo1 and are intended by the parties born to he interpreted as
such.
T. The requirements iu 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 nf this Section.
D. Design Professional agrees to be responsible for ensuring that no contract
entered into hy Design Professional iu connection with the Services authorizes, or purports 0n
authorize, any third party b) charge City mu amount iu cxcumm of the {en set forth in the ugrcsu)eot
on account nf insurance coverage required hythis agreement. Any such provisions are to be
deleted with reference to City. It is not the intent ofCity to reimburse any third party for the cost
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112665 10 80078/0012 v2012-09
of complying with these requirements. There shall be no recourse against City for payment of
premiums or other amounts with respect thereto.
V. Design Professional agrees to provide immediate notice to City of any
claim or loss against Design Professional arising out of the work performed under this
agreement. City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve City.
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112665 10 80078/0012 v2012• 09
INVNU�C
Key Personnel and Other Consultants, Specialists or Experts Employed by Design ProfessionK,
0
["rincipal-in-Charge: Iver Skavdal, PE
Construction Manager: Jim Winter, PE
Construction Inspector: Roger Simpson
Geotechnical Engineering and Materials Testing: RGH Ini
me
1126651x3 80078/0012 v2012-09