2015/04/14 City Council Resolution 2015-064RESOLUTION NO. 2015 -064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A DESIGN PROFESSIONAL SERVICES
AGREEMENT WITH VALI COOPER & ASSOCIATES, INC, FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR BENICIA POOL RENOVATION
(PROJECT NUMBER 2014 -06)
WHEREAS, the Benicia Pool Renovation Project No. 2014 -06 ( "Project ") will renovate
and replace components of the existing facilities at the Benicia Pool; and
WHEREAS, the Benicia Pool Renovation Project will enter into the Construction Phase;
and
WHEREAS, funding for the Benicia Pool Renovation Project is available from 2007R
Tax Allocation Bond (TAB) Project PR -71; and
WHEREAS, the City has issued a Request for Proposal for Construction Management
and Inspection Services; and
WHEREAS, Vali Cooper & Associates, Inc submitted a proposal for Construction
Management and Inspection Services; and
WHEREAS, the City has reviewed the proposal by Vali Cooper & Associates, Inc and
believes that Vali Cooper & Associates, Inc. is the best qualified firm to administer the
construction phase of the Benicia Pool Renovation Project.
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 with
Vali Cooper & Associates, Inc. for Construction Management and Inspection Services for
Benicia Pool Renovation Project No 2014 -06 for a not to exceed amount of $100,852.00.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this Design Professional Services Agreement for and on behalf of
the City of Rohnert Park, including execution, if necessary, in substantially similar form to
Exhibit A attached hereto and incorporated by this reference subject to minor modifications by
the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 14"' day of April, 2015.
ATTEST:
JoAnne e r CitClerk
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CITY OF ROHNERT PARK
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ATTACHMENT "A"
City of Rohnert Park
600 Enterprise Drive
Rohnert Park, CA 94928
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AGREEMENT
THIS AGREEMENT is entered into as of the day of , 2015 , by and
between the CITY OF ROHNERT PARK ( "City "), a California municipal corporation, and Vali
Cooper & Associates, Inc., ( "Construction Management Professional "), a California corporation.
Recitals
WHEREAS, City desires to obtain Construction Management and Inspection services in
connection with Benicia Pool Renovation Project No. 2014 -06; and
WHEREAS, Construction Management Professional hereby warrants to the City that
Construction Management Professional is skilled and able to provide such services described in
Section 1 of this Agreement; and
WHEREAS, City desires to retain Construction Management Professional pursuant to
this Agreement to provide the services described in Section 1 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
through its staff may determine from time to time, Construction Management 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 Construction Management 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 Construction
Management Professional are to be completed not later than December 31, 2015. . Construction
Management 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. Compensation and Method of Pam.
A . Compensation. The compensation to be paid to Construction Management
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
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City pays Construction Management Professional exceed One Hundred Thousand, Eight
Hundred Fifty -two Dollars ($100,852.00). Payment by City under this Agreement shall not be
deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time
of payment.
B. Timing of Pa nom. Billing for said services shall be made once at the
conclusion of the work and submittal of the records and any appropriate report. City shall
review Construction Management Professional's billing statement and pay Construction
Management Professional for services rendered within 45 days of receipt of a complete billing
statement that meets all requirements of this Agreement.
C. Changes in Compensation. Construction Management Professional will
not undertake any work that will incur costs in excess of the amount set forth in Paragraph 3(A)
without prior written amendment to this Agreement.
D . Taxes. Construction Management 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 Construction Management
Professional.
E. No Overtime or Premium Pay. Construction Management Professional
shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours
that exceed forty (40) hours per work week, or work performed during non - standard business
hours, such as in the evenings or on weekends. Construction Management Professional shall not
receive a premium or enhanced pay for work performed on a recognized holiday. Construction
Management 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 form of absence.
F. Litigation Support. Construction Management Professional agrees to
testify at City's request if litigation is brought against City in connection with Construction
Management Professional's report. Unless the action is brought by Construction Management
Professional or is based upon Construction Management Professional's negligence, City will
compensate Construction Management Professional for the preparation and the testimony at
Construction Management Professional's standard hourly rates, if requested by City and not part
of the litigation brought by City against Construction Management Professional.
4. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the Construction Management
Professional. In such event, the compensation and time of performance shall be subject to
renegotiation upon written demand of either party to the Agreement. Failure of the Construction
Management 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.
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5. Duties of City. City shall provide all information requested by Construction
Management 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 Agreement.
6. Ownership of Documents.
A . The plans, specifications, estimates, programs, reports, models, and other
material prepared by or on behalf of Construction Management 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. Construction Management 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) any time requested by City, upon five (5) days prior
written notice.
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 Construction Management Professional.
C. Construction Management Professional retains the copyright in and to the
intellectual property depicted in the Documents subject to Construction Management
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
Construction Management Professional: Construction Management 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 Construction Management 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.
D . Construction Management Professional shall include in all subcontracts
and agreements with respect to the Services that Construction Management Professional
negotiates, language which is consistent with this Section 6.
E. All reports, information, data, and exhibits prepared or assembled by
Construction Management 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
Construction Management Professional shall not snake any of these documents or information
available to any individual or organization not employed by the Construction Management
Professional or the City without the written consent of the City before any such release.
7. Employment of Other Construction Management Professionals, Specialists or
Experts.
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A . Construction Management 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. Construction Management 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 Construction Management Professional or under
Construction Management Professional's supervision, and all personnel engaged in the work
shall be qualified to perform such services.
C. Construction Management Professional shall make every reasonable effort
to maintain stability and continuity of Construction Management Professional's Key Personnel
assigned to perform the Services. Key Personnel for this contract are listed in Exhibit D.
D. Construction Management Professional shall provide City with a
minimum twenty (20) days prior written notice of any changes in Construction Management
Professional's Key Personnel, provided that Construction Management Professional receives
such notice, and shall not replace any Key Personnel with anyone to whom the City has a
reasonable objection.
E. Construction Management Professional plans to retain the subconsultants
listed in Exhibit D, who will provide services as indicated in Exhibit D.
F. Construction Management Professional will not utilize subconsultants
other than those listed in Exhibit D without advance written notice to the City. Construction
Management 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. Construction Management Professional understands that its professional
responsibility is solely to City. Construction Management 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. Construction Management 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 Construction Management Professional discovers that
it has employed a person with a direct or indirect interest that would conflict with its
performance of this Agreement, Construction Management Professional shall promptly disclose
the relationship to the City and take such action as the City may direct to remedy the conflict.
B. Construction Management 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 Construction
Management Professional's Services hereunder. Construction Management Professional further
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covenants and represents that in the performance of its duties hereunder no person having any
such interest shall perform any services under this contract.
C. Construction Management Professional is not a designated employee
within the meaning of the Political Reform Act because Construction Management 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 member of the City and no other
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 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 Construction Management Professional or otherwise in the event of any default or breach of
the City, or for any amount which may become due to Construction Management 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), Construction Management Professional shall
defend (with legal counsel reasonably acceptable to the City) indemnify and hold harmless the
City and its officers, elected officials, employees, agents, and volunteers (collectively
"Indemnitees ") from and against any and all claims, loss, cost, damage, injury (including,
without limitation, injury to or death of an employee of Construction Management Professional
or its sub - Professionals), expense and liability of every kind, nature and description (including,
without limitation, fines, penalties, incidental and consequential damages, court costs, 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 Construction Management Professional, any sub -
Professional, anyone directly or indirectly employed by them, or anyone that they control
(collectively "Liabilities "). Such obligations to defend, hold harmless and indemnify any
Indemnitee shall not apply to the extent that such Liabilities are caused by the sole negligence,
active negligence, or willful misconduct of such Indemnitee.
B. Neither termination of this Agreement nor completion of the Services shall
release Construction Management Professional from its obligations under this Section 11, as
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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. Construction Management 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
Construction Management Professional in the performance of this Agreement. If Construction
Management Professional fails to obtain such indemnity obligations from others as required,
Construction Management 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
Construction Management Professional and shall survive the termination of this Agreement or
this section.
D. Construction Management Professional's compliance with the insurance
requirements does not relieve Construction Management 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. Construction Management Professional Not an Agent of City. Construction
Management 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 Construction Management
Professional, in the performance of the work and services agreed to be performed by
Construction Management 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,
Construction Management Professional shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Construction Management Professional hereby
expressly waives any claim it may have to any such rights.
14. Compliance with Laws.
A . General. Construction Management 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. Any corrections to Construction Management Professional's reports or other Documents
(as defined in Section 6) that become necessary as a result of Construction Management
Professional's failure to comply with these requirements shall be made at the Construction
Management Professional's expense.
B. Updates. Should Construction Management Professional become aware
that the requirements referenced in subparagraph A above change after the date of a report or
other Document is prepared, Construction Management Professional shall be responsible for
notifying City of such change in requirements. Construction Management Professional will bring
the Documents into conformance with the newly issued requirements at the written direction of
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City. Construction Management Professional's costs for providing services pursuant to this
paragraph shall be submitted to City as Additional Services.
C. Licenses and Permits. Construction Management Professional represents
that it has the skills, expertise, licenses and permits necessary to perform the Services.
Construction Management Professional shall perform all such Services in the manner and
according to the standards observed by a competent practitioner of the same profession in which
Construction Management Professional is engaged. All products of whatsoever nature which
Construction Management Professional delivers to City pursuant to this Agreement shall
conform to the standards of quality normally observed by a person practicing in Construction
Management Professional's profession. Permits and /or licenses shall be obtained and
maintained by Construction Management Professional without additional compensation
throughout the term of this Agreement.
D . Documents Stamped. Construction Management 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 Construction Management Professional's
Documents when required by prevailing law, usual and customary professional practice, or by
any governmental agency having jurisdiction over matters related to the Services. Construction
Management Professional will stamp other documents as noted in the Scope of Work. The City
will not be charged an additional fee to have such documents stamped.
E. Workers' Compensation. Construction Management 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 Construction Management Professional
certifies that it will comply with such provisions before commencing performance of this
Agreement.
F. Prevailing Wage. Construction Management Professional and
Construction Management 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 the City Clerk's office.
G. Injury and Illness Prevention Program. Construction Management
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. The City is not responsible or liable for
Construction Management Professional's failure to comply with any and all of said
requirements.
15. Nonexclusive Agreement. Construction Management Professional understands
that this is not an exclusive Agreement and that City shall have the right to negotiate with and
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enter into contracts with others providing the same or similar services as those provided by
Construction Management Professional as the City desires.
16. Confidential Information. All data, documents, discussions or other information
developed or received by or for Construction Management Professional in performance of this
Agreement are confidential and not to be disclosed to any person except as authorized by City, or
as required by law.
17. Insurance. Construction Management Professional shall provide insurance in
accordance with the requirements of Exhibit C.
18. Assignment Prohibited. Construction Management 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 Construction Management 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, Construction
Management Professional shall be in default.
B. If Construction Management 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 forth) prepared or used by Construction
Management 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 Construction Management Professional under this Agreement;
and /or (2) terminate Construction Management 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 Construction Management
Professional, whether located at Construction Management 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 case of such default termination, Construction.
Management 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 right to terminate for default, City reserves the
absolute right to terminate this Agreement without cause, upon 72- hours' written notice to
Construction Management Professional. In the event of termination without cause, Construction
Management 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
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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 Construction Management Professional, as approved by City. The amount of any payment
made to Construction Management Professional prior to the date of termination of this
Agreement shall be deducted from the amounts described in (1), (2) and (3) above. Construction
Management 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 20 and Construction
Management Professional shall be entitled to receive only the amounts payable hereunder in the
event of a termination for convenience.
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 Construction Management Professional
to perform any provision of this Agreement. Construction Management Professional will be paid
for satisfactory Services performed through the date of temporary suspension. In the event that
Construction Management Professional's services hereunder are delayed for a period in excess of
six (6) months due to causes beyond Construction Management Professional's reasonable
control, Construction Management 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 Construction Management 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.
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 in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth hereinbelow. Either
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party 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 if mailed as provided in this
section.
If to City: City Engineer
City of Rohnert Park -City Hall
600 Enterprise Drive
Rohnert Park, CA 94928
If to Construction Management Professional:
26. Construction Management Professional's Books and Records.
A . Construction Management 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 Construction Management Professional.
B. Construction Management 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 Construction Management Professional's address
indicated for receipt of notices in this Agreement.
D. City may, by written request by any of 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 to such records and documents shall be granted to any party
authorized by Construction Management Professional, Construction Management Professional's
representatives, or Construction Management 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
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.
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27. Equal Employment Opportunity. Construction Management Professional is an
equal opportunity employer and agrees to comply with all applicable state and federal
regulations governing equal employment opportunity. Construction Management 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. Construction Management
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; lay -offs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Construction Management Professional further agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
28. Unauthorized Aliens. Construction Management 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 Construction Management 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, Construction Management 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. City Not Obligated to Third Parties. City shall not be obligated or liable for
payment hereunder to any party other than the Construction Management 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 cumulative 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 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 be deemed severable from the remaining provisions hereof, and such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision 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 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.
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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:
Exhibit A: Scope of Work and Schedule of Performance
Exhibit B: Compensation
Exhibit C: Insurance Requirements to Construction Management
Professional Services Agreement
Exhibit D: Key Personnel and Other Consultants, Specialists or Experts
Employed by Construction Management Professional
Exhibit E: Construction Management 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 Construction Management 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
parties 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), person(s), 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, Construction Management Professional hereby
warrants that it shall not have breached the terms or conditions of any other contract or
agreement to which Construction Management Professional is obligated, which breach would
have a material effect hereon.
-12-
11266510 80078/0012 Revised: 10/08/10
IN WITNESS WHEREOF, the City and Construction Management Professional have
executed this Agreement as of the date first above written.
CITY OF ROHNERT PARK
By:
City Manager
Date:
Per Resolution No. 20 - _adopted by the Rohnert Park
City Council at its meeting of 4 -28 -15
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
Egli
VALI COOPER& ASSOCIATES, INC
By:
Title:
Date:
VALI COOPER& ASSOCIATES, INC
By:
Title:
Date:
1126651v3 80078/0012 Revised: 10 /08/10
„.. CITY OF ROHNERT PARK DEVELOPMENT SERVICES
Construction Management and Inspection Services for Various Construction Projects
�AA:11'b kN�T..
APPROACH - BENICIA POOL RENOVATION
As noted in the City's Request for Proposals (RFP), the project referenced above was cited as a specific project
requiring a separate proposal which is outlined in the information that follows:
Project Understanding
The City of Rohnert Park has identified renovation and improvements to the Benicia Pool as a high priority
project with a goal of performing the work this off - season within 80 calendar days. The design team of Arch
Pac Aquatics was hired for the design work and project cost estimate. On March 11, 2015, six bids were
received by the City for the Benicia Pool Renovation Project.
The renovation and improvement work will involve:
• removal and replacement of existing plaster and tile to expose the existing pool shell
• removal and replacement of any rusted or deteriorated pool shell
• removal and reconfiguration of pool entry steps
• repair of any concrete cracking
• removal and replacement of main drains with VGB complaint drains, wall return inlets, skimmers
• removal and replacement of various pool hardware
• provide new ADA access lift
• renovation of the pool deck
• removal and replacement of underwater LED lights
• provide new VFDs in mechanical room
• removal and replacement of various piping, conduit and wiring
• relocation of CO2 system into mechanical room
• relocation of acid storage into storage closet adjacent to mechanical room
• construction of enclosure around existing water heater
• construction of ADA accessible family changing room
• removal and replacement of rotted roof beam
• renovation of men's and women's restrooms
• removal of solar panels at existing bathhouse
• removal and replacement of waterproofing on the roof of the bathhouse
• provide new electrical panel in new family changing room
• removal and replacement of interior and exterior light fixtures
• provide exterior site lighting and poles
■ painting of interior and exterior of restrooms, office and various equipment, mechanical and
electrical work
Vali Cooper & Associates, Inc.
33
CITY OF ROHNERT PARK DEVELOPMENT SERVICES
Construction Management and Inspection Services for Various Construction Projects
relocation and replacement of perimeter fencing
■ provide additional planting and irrigation
As your construction manager on the Benicia Pool Renovation Project, VC &A recognizes the time constraints
associated with this project, therefore, it is vital that we will be coordinating with the Contractor on all
construction activities on the project site, while simultaneously keeping the City informed at all times of the
project status. With the City's goal of having the pool operating by Summer 2015, and the likelihood of an
aggressive contractor, our leadership on site will be essential so that all coordination functions seamlessly
and challenges are all handled efficiently. To avoid any conflicts to scheduled activities, we will work closely
with the Contractor to continuously provide updated information on scheduling, expectations and
contingency plans. Up to date information will be provided to all stakeholders through regular coordination
meetings to avoid any confusion and to ensure a smooth and successful start -up and project completion.
Project Approach j Scope of Services
Our proposed work plan for providing the required construction management services including our
management plan for the utilization of our highly talented and capable team. This work plan is based on
lessons learned from past projects we've managed, and this specific City of Rohnert Park RFP. We will work
with the City to carefully address and tailor our services to the City's specific needs. The unique qualifications
and local experience of our team members will prove invaluable to the success of this project. Our proposed
personnel's familiarity with the project stakeholders will minimize any learning curve during the project's
construction phases. Ms. Mary Jo Bachini will provide the Resident Engineer services supported by Mr. Mike
Peters, as the construction inspector.
All work on this project will be performed in strict conformance with the 2013 Edition of California Building
Code (CBC), 2013 California Administrative Code Title 24, Standard Specifications for Public Works
Construction (Green book), 2013 Green Building Standards, 2013 ADA Standards and All California and Local
Ordinances, Codes, Regulations and Other Requirements.
e i C
TASK -1 PRECONSTRUCTION SERVICES
Pre -Bid. Review
Conduct Constructability
RE develops early
Mary Jo Bachini
Constructability
Process & Pre-
Review of Plans and
relationship with
and Mike Peters
Review
bid Conference
Specifications. Verify cost
City and designer.
Comments,
estimates and schedule.
Provides
Draft
Identify potential change
clarification for
Construction
order and claims issues.
bidders to help
Schedule,
Provide draft project
reduce costs.
Conduct pre -bid
schedule. Manage pre -bid
conference (if
conference to extent
requested) with
requested by the City.
Agenda &
Coordinate bidder questions
Meeting
with designers.
minutes, Bid
Documents,
Q &A to bidder
comments.
Vali Cooper & Associates, Inc.
34
o
A OR OR MONO
TASK -1 PRECONSTRUCTION SERVICES
Pre-
Outline project specifics,
Establish protocol
Mary Jo Bachini
Agenda
Construction
inform contractor of project
and roles and
Meeting
Conference
administration procedures.
responsibilities.
Minutes
Management
Implement system for
Better record
Bonnie Holt
Paper Files
Information
organizing, tracking, filing,
keeping. Improved
Digital Files
System (MIS)
and managing
claim resolution
Correspondenc
paper /electronic
capabilities.
e Logs
Document
correspondence including
Federal
Control
letters, information
Reimbursement of
requests, submittals,
Funds.
materials test results,
contracts, reports, 0 &M
manuals, progress
payments, and change
orders, etc.
TASK 2 - CONSTRUCTION SERVICES
Resident
Manage the project and
Project is
Mary Jo Bachini
Successful
Engineering
enforce in accordance with
administered and
(part -time as
project
(part -time as
the Contract Plans and
constructed
needed)
delivery
needed)
Special Provisions. Review
properly.
and coordinate technical
Minimizes City
submittals and RFI's as
exposure and cost,
needed by City.
and schedule
delays.
Materials
Schedule and manage sub-
Provides timely
Testing Reports
Testing
consultant materials lab.
testing and day to
Mary Jo Bachini,
Materials are
Coordinate timely testing
day coordination
Mike Peters, and
provided and
and reporting.
with contractor's
RGH
placed in
progress to prevent
accordance to
delays.
Contract
Documents and
City QAP.
Issues
Analyze issues, seek
Provides solutions
Mary Jo Bachini
Design
Management
appropriate advice, and give
to actual
Clarifications
recommendations.
conditions found in
Contract Change
field. Minimizes
Orders
delays.
Schedule
Monitor contractor's
Better project
Mary Jo Bachini
Weekly Reports
schedule weekly. Notify
coordination.
Schedule
parties of actual or potential
Fewer delays.
Reports
deviation from schedule.
Fewer time related
Recommendatio
C=
Work with project team to disputes.
ns
correct noncompliance with
"As- built"
schedule.
Schedule and
construction
photos /videos
Cost Control
Monitor project funding.
Effective use of
Mary Jo Bachini
Budget Reports
Monitor project budgets.
funds. Early
Cost Estimate
Review contract item
warning of
Reviews
payments, material
potential funding
quantities, and change
problems.
order payments.
Change Orders
Review potential change
Change orders
Mary Jo Bachini
Independent
orders for contractual and
reflect fair price for
Cost Estimates
technical merit. Prepare
added or deleted
Change Orders
independent cost estimate
work.
Ready for
and schedule analysis of
Execution
work. Negotiate and
Change Order
prepare change orders for
Summary
execution. Keep the City
Reports
apprised of impact of
cumulative change orders.
Potential
Identify potential claims
Disputes are
Mary Jo Bachini
Dispute
Claims/
issues. Review claims for
avoided or
Avoidance
Dispute
merit, documentation, and
resolved quickly
Procedures
Resolution
make recommendations and
reducing cost.
Recommendatio
implement procedures for
ns
reducing the likelihood of
disputes and claims. Assist
in the resolution of disputes.
Quality
Observe and monitor all
Completed project
Mary Jo Bachini
Photography
Control/
aspects of project. Notify
meets expectations
and Mike Peters
and Video tapes
Inspection
contractor when work is not
for quality and
Project Files
in compliance. Prepare daily
functionality.
Daily Inspection
inspection reports. Provide
Reports
photographic and video
documentation of
construction process.
Encourage and stress quality
in the constructed product.
Progress
Review contractor's
Ensures accuracy of
Mary Jo Bachini
Progress
Payments
payment requests. Verify
quantities and
and Mike Peters
Payment
contractor pay items.
payment. Controls
Vouchers
Prepare payment
project cost.
Daily Inspection
documentation for
Reports
execution.
Quantity
C=
Calculation
Sheets
Correspondence
Monthly Status
Prepare monthly reports
Keeps parties
Mary Jo Bachini
Monthly Report
Reports
highlighting project
informed on
progress, CCOs, cost issues,
project status.
and schedule.
Site Safety
Review and monitor
Jobsite is safer.
The Entire VC &A
Accident
contractor's safety program
Avoids litigation.
Team
Reports
for compliance with
Monthly
Cal /OSHA. Notify contractor
Reports
if unsafe condition is
observed. Notify District of
contractor refuses to rectify
unsafe condition.
Investigate accidents.
TASK 3 - CLOSEOUT SERVICES'
"As- Built"
Collect, review, and
Changes are
Mary Jo Bachini
Data for Record
Drawings
transmit contractor's data
incorporated into
and Mike Peters
Drawings
to engineer.
record drawings.
Final
Make final inspections.
Project is
Mary Jo Bachini
Punchlist
Walkthrough
Prepare punchlist. Verify
completed
and Mike Peters
that required certificates of
according to
compliance and as -built
contract
drawings have been
documents. All
delivered.
paperwork
required of
contractor is
delivered.
Project
Process final progress
Paperwork is
Mary Jo Bachini
Final Progress
Completion
payment to contractor. File
completed. Audit
Payment
Report /Final
Notice of Completion.
trail is completed.
Notice of
Payment
Prepare final report.
Ensures Federal
Completion
Deliver project records to
reimbursement.
Final Report
the District. Prepare
reports in accordance to
Local Assistance Manual.
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EXHIBIT C
Insurance Requirements to Agreement For Construction Management Professional Services
Vali Cooper & Associates, Inc
Construction Management 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. Construction Management Professional will
use existing coverage to comply with these requirements. If that existing coverage does not meet
the requirements set forth here, Construction Management Professional agrees to amend,
supplement or endorse the existing coverage to do so. Construction Management Professional
acknowledges that the insurance coverage and policy limits set forth in this section constitute the
minimum amount of coverage required. Any insurance proceeds available to Construction
Management 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 ") "Commercial General Liability" policy form CG 00 01 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 form CA 00 01
including symbol 1 (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 Construction
Management Professional or its employees will use personal autos in any way in connection with
performance of the Services, Construction Management 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 an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum self - insured retention for liability not
covered by primary but covered 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 Construction Management 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.
-16-
1126651v3 80078/0012 Revised: 10/08/10
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 Construction Management 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 $1,000,000 (One 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 A- or better and a minimum financial size VII.
7. General conditions pertaining to provision of insurance coverage by Construction
Management Professional. Construction Management Professional and City agree to the
following with respect to insurance provided by Construction Management Professional:
A . Construction Management 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. Construction
Management 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 Construction Management
Professional, or Construction Management Professional's employees, or agents, from waiving the
right of subrogation prior to a loss. Construction Management 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 Construction Management
Professional and available or applicable to this Agreement are intended to apply to the full extent
of the policies. Nothing contained in this Agreement or any other agreement relating to the City
or its operations limits the application of such insurance coverage.
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.
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 of any additional insurance required. Construction Management
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.
sri
1126651v3 80078/0012 Revised: 10/08/10
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 Construction Management Professional's general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled at any time and
no replacement coverage is provided, City 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. Construction Management 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.
. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Construction Management 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.
d Construction Management Professional agrees to ensure that
subconsultants, and any other party involved with the Services who is brought onto or involved
in the Services by Construction Management Professional, provide the same minimum insurance
coverage required of Construction Management Professional; provided, however that only
subconsultants performing professional services will be required to provide professional liability
insurance. Construction Management 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. Construction Management Professional agrees
that upon request, all agreements with subcontractors and others engaged in the Services will be
submitted to City for review.
K. Construction Management 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 Construction Management
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 Construction Management 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 Construction Management
Professional ninety (90) days advance written notice of such change. If such change results in
additional cost to the Construction Management Professional, and the City requires Construction
Management Professional to obtain the additional coverage, the City will pay Construction
Management Professional the additional cost of the insurance.
sm
1126651x3 80078/0012 Revised: 10/08/10
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.
N . Construction Management Professional acknowledges and agrees that any
actual or alleged failure on the part of City to inform Construction Management Professional of
non - compliance with any insurance requirement in no way imposes any additional obligations on
City nor does it waive any rights hereunder in this or any other regard.
O. Construction Management 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 Construction Management Professional in unable to do so,
Construction Management Professional will notify City at least thirty days prior to the
cancellation or expiration of the policy or policies.
P. Construction Management 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 from
Construction Management 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 five days of the
expiration of the coverages.
Q. The provisions of any workers' compensation or similar act will not limit
the obligations of Construction Management Professional under this agreement. Construction
Management Professional expressly agrees that any statutory immunity defenses under 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 nor as a waiver
of any coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not intended by
any party or insured to be limiting or all- inclusive.
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 . Construction Management Professional agrees to be responsible for
ensuring that no contract entered into by Construction Management 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
E
1126651v3 80078/0012 Revised: 10/08/10
agreement. Any such provisions are to be deleted with reference to City. It is not the intent of
City to reimburse any third party for the cost of complying with these requirements. There shall
be no recourse against City for payment of premiums or other amounts with respect thereto.
V. Construction Management Professional agrees to provide immediate
notice to City of any claim or loss against Construction Management 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.
-20-
1126651 v3 80078/0012 Revised: 10/08/10
CERTIFICATE OF INSURANCE ISSUE DATE MM /DD/YY)
CITY OF ROHNERT PARK (the "City ")
PRODUCER
THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.
BEST'S
COMPANIES RATING
COMPANY
LETTER A
COMPANY
LETTER B
INSURED
COMPANY
LETTER C
COMPANY
LETTER D
COMPANY
LETTER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY
THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVEN BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM /DDNY)
POLICY EXPIRATION
DATE (MM /DDNY)
ALL LIMITS IN THOUSANDS
GENERAL AGGREGATE
5
PRODUCTS- COMP /OPS AGGREGATE
5
GENERAL LIABILITY
PERSONAL & ADVERTISING INJURY
$
_? COMMERCIAL GENERAL LIABILITY
U CLAIMS MADE :1 OCCUR.
^D OWNER'S & CONTRACTOR'S PROT.
•"
EACH OCCURRENCE
"$
FIRE DAMAGE (Any one fire)
$
OTHER
MEDICAL EXPENSE (Any one person)
S
AUTOMOBILE LIABILITY
COMBINED
SINGLE LIMIT
S
BODILY INJURY
(Per person)
5
""
ANY AUTO
ALL OWNED AUTOS
- SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
•°
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
$
- GARAGE LIABILITY
EXCESS LIABILITY
EACH OCCURRENCE
5
AGGREGATE
S
UMBRELLA
OTHER THAN UMBRELLA FORM
STATUTORY
1 - -: WORKER'S COMPENSATION
AND
EACH ACCIDENT
S
DISEASE - POLICY LIMIT
$
EMPLOYERS' LIABILITY
DISEASE -EACH EMPLOYEE
S
PROPERTY INSURANCE
COURSE OF CONSTRUCTION
AMOUNT OF INSURANCE
5
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS
THE FOLLOWING PROVISIONS APPLY:
1. None of the above - described policies will be canceled until after 30 days' written notice has been given to the City at the address indicated below.
2. The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are added as insureds on all liability insurance policies listed above.
3. It is agreed that any insurance or self- insurance maintained by the City will apply in excess of and not contribute with, the insurance described above.
4. The City is named a loss payee on the property insurance policies described above, if any.
5. All rights of subrogation under the property insurance policy listed above have been waived against the City.
6. The workers' compensation insurer named above, if any, agrees to waive all rights to subrogation against the City for injuries to employees of the insured resulting
from work for the City or use of the City's premises or facilities.
CERTIFICATE HOLDER /ADDITIONAL INSURED
AUTHORIZED REPRESENTATIVE
CITY OF ROHNERT PARK
SIGNATURE
130 AVRAM AVENUE
TITLE
ROHNERT PARK, CA 94928
PHONE NO.
Rev. 11/08
INe
11266510 80078/0012 Revised: 10/08/10
INSURERISO FORM CG 20 10 11 85 (MODIFIED)
POLICY NO: COMMERCIAL GENERAL LIABILITY
ENDORSEMENT NO:
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Organization:
The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are
named as additional insured.
(If no entry appears above, the information required to complete this endorsement will be shown
in the Declarations as applicable to this endorsement).
WHO IS INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule but only with respect to liability arising out of "your work" performed for
that insured.
20101185
1. The insured scheduled above includes the insured's elected or appointed officers,)
officials, employees, agents and volunteers.
2. This insurance must be primary as respects the insured shown in the schedule
above, or if excess, must stand in an unbroken chain of coverage excess of the
Named Insured's scheduled underlying primary coverage. In either event, any other
insurance maintained by the Insured scheduled above must be in excess of this
insurance and must not be called upon to contribute with it.
3. The insurance afforded by this policy must not be canceled except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the Entity.
4. Coverage must not extend to any indemnity coverage for the active negligence of
the additional insured in any case where an agreement to indemnify the additional''
insurance would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Signature- Authorized Representative
Address
CG 20 10 11 85 Insurance Services Office, Inc. Form(Modified)
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1126651v3 80078/0012 Revised: 10 /08/10
SUBMIT IN DUPLICATE
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
ENDORSEMENTNO.
ISSUE DATE(MWDDNY)
FOR CITY OF ROHNERT PARK (the "City ")
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
E In Addition to Limits
-.1 Deductible f_'.. Self- Insured Retention (check which) of $
Telephone
NAMED INSURED
APPLICABILITY. This insurance pertains to the operation and /or tenancy of the named
insured under all written agreements and permits in force with the City unless checked here "a in
which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS /PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
❑COMMERCIAL AUTO POLICY
❑BUSINESS AUTO POLICY
BOTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter's representative for claims pursuant to this insurance.
Name:
Address:
$ per accident, for bodily injury and property damage.
Telephone: ( )
In consideration of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or
hereafter attached thereto, it is agreed as follows:
1. INSURED. The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are included as insureds with regard to damages and defense of
claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, or for
which the Named Insured is responsible.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City, the insurance afforded by this policy must: (a) be
primary insurance as respects the City, its officers, officials, employees, agents or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named
Insured's primary coverage. Any insurance or self- insurance maintained by the City, its officers, officials, employees and volunteers must be excess of the Named
Insured's insurance and not contribute with it.
3. CANCELLATION NOTICE. With respect to the interests of the City, this insurance must not be cancelled, except after thirty 30) days prior written notice by receipted
delivery has been given to the City.
4. SCOPE OF COVERAGE. This policy affords coverage at least as broad as:
(1) If primary, Insurance Services Office form number CA0001 (Ed. 1/87), Code 1 ( "any auto "); or
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (1).
Except as stated above nothing herein must be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement
is attached.
ENDORSEMENT HOLDER
CITY
AUTHORIZED ti.,^ Broker /Agent tis, Underwriter v,
REPRESENTATIVE
I (print/type name), warrant that I have
CITY OF ROHNERT PARK
authority to bind the above - mentioned insurance company and by my
130 AVRAM AVENUE
signature hereon do so bind this company to this endorsement.
ROHNERT PARK, CA 94928
Signature
(original signature required)
Telephone: ( ) Date signed:
Ktv. l 1 /UPS
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1126651v3 80078/0012 Revised: 10/08/10
SUBMIT IN DUPLICATE
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
ENDORSEMENT NO.
ISSUE DATE(MM /DDfM
SPECIAL ENDORSEMENT
FOR CITY OF ROHNERT PARK (the "City ")
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No..
Policy Period: (from) (to)
OTHER PROVISIONS
Telephone
NAMEDINSURED
CLAIMS: underwriter's representative for claims pursuant to this insurance.
EMPLOYERS LIABILITY LIMITS
Name:
$ (Each Accident)
Address:
$ (Disease - Policy Limit)
$ (Disease - Each Employee)
Telephone: ( )
In consideration of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or
hereafter attached thereto, it is agreed as follows:
1. CANCELLATION NOTICE. This insurance must not be cancelled, except after thirty (30) days prior written notice by receipted delivery has been given to the City.
2. WAIVER OF SUBROGATION. This insurance Company agrees to waive all rights of subrogation against the City, its officers, officials, employees, agents and
volunteers for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the City.
Except as stated above nothing herein must be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement
is attached.
ENDORSEMENT HOLDER
CITY
AUTHORIZED v.,. Broker /Agent ti- Underwriter tiy,
REPRESENTATIVE
I (print /type name), warrant that I have
CITY OF ROHNERT PARK
authority to bind the above - mentioned insurance company and by my
130 AVRAM AVENUE
signature hereon do so bind this company to this endorsement.
ROHNERT PARK, CA 94928
Signature
(original signature required)
Telephone: ( ) Date signed:
-24-
1126651 v3 80078/0012 Revised: 10/08/10
:gApat y�d7' PekA..
CITY OF ROHNERT PARK DEVELOPMENT SERVICES
g_ Construction Management and Inspection Services for Various Construction Projects
raLyUR�t� _..
KEY PERSONNEL.
The City's Contract will require a construction management team that has worked successfully on similar
projects, is technically knowledgeable, can integrate seamiessly with City staff, and has the right personalities
and approach to proactively and sensitively address any concerns. Additionally, the team will need to be
experienced in coordinating construction activities within the public right of way; working with aggressive
construction schedules; and taking a proactive approach to identifying and managing potential issues before
they impact the project schedule and cost. Our proposed team has that experience and capabilities and will
work to protect the interests of the City at all times while delivering a successful project as has been the case
in the past on all VC &A projects.
The Organization Chart that follows outlines the structure of our proposed team and the relationships as
well as respective responsibilities of each individual. As a point of reference, this following chart lists all
personnel currently available for assignment for this contract. Due to our depth of resources, other highly
qualified individuals can be made available upon request as well.
Rany Chek, PE, QSD(P
Justin Seufert, PE, QSD /P
Dustin Rath, PE, GE, QSDtP
Mary Jo Bachini
Glen March, PE
Commitment, Workload and Availability
The VC &A Team commits all resources necessary to support the City's needs throughout the duration of the
contract, Rany Chek, PE, our Contract Manager, will ensure delivery of resources to the fullest extent necessary to
make the City of Rohnert Park Program successful -- especially when peak workload dictates additional time and
Vali Cooper & Associates, Inc.
5
Non - Federally Funded Projects
Tom Silva
Bob Klein
' Mike Peters
Artin Hovenesian
Federally Funded Projects
Gil Galusha
kM Justin Harrison
I I
Commitment, Workload and Availability
The VC &A Team commits all resources necessary to support the City's needs throughout the duration of the
contract, Rany Chek, PE, our Contract Manager, will ensure delivery of resources to the fullest extent necessary to
make the City of Rohnert Park Program successful -- especially when peak workload dictates additional time and
Vali Cooper & Associates, Inc.
5
EXHIBIT E
Construction Management 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 stay 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 drawings shall be submitted full size (34" x 22" or equivalent) for review, unless
otherwise requested by the City.
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1126651x3 80078/0012 Revised: 10/08/10