2016/07/12 City Council Resolution 2016-76RESOLUTION NO. 2016-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER AGREEMENT
WITH GHD INC. AND EXECUTE TASK ORDER 2016-01 FOR CONSTRUCTION
MANAGEMENT SERVICES FOR THE WILFRED AVENUE REHABILITION
PROJECT (PROJECT NO. 2016-09)
WHEREAS; the City desires assistance from municipal engineering firms, design
service firms, and specialty consulting firms; and
WHEREAS, staff hires consultants to supplement staffing, to provide replacement
staffing, and to provide knowledge in areas where the staff require additional expertise; and
WHEREAS, there is a need to call on outside consultants to assist in various private and
public projects for design, construction management, consulting, and other services as needed;
and
WHEREAS; in the past, staff has used "Master Services Agreements" that outline the
major terms of the business relationship between the consultant and the City, including insurance
and indemnification requirements, in order to streamline the process of accessing design,
construction management, consulting, and other resources; and
WHEREAS, specific assignments under these Master Services Agreements directly will
be awarded consistent with the City's Purchasing Policy; and
WHEREAS, work on assignments not under this Master Services Agreement directly
will be issued as task orders; and
WHEREAS, whether working under these Master Services Agreements or a Task Order,
the services shall not commence without a written notice to proceed from the City; and
WHEREAS, GHD Inc. has demonstrated expertise in the areas of environmental
planning, civil engineering design and construction management and inspection; and
WHREREAS, GHD's current Master Services Agreement expires December 31, 2016
and requires renewal in order for services to continue to be provided; and
WHEREAS, staff requested a proposal from GHD Inc. and negotiated a scope of work
and fee estimate of $26,530 commensurate with the work required by the Wilfred Rehabilitation
Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the Master Services Agreement, which is attached hereto, incorporated by reference
and included as Attachment A is hereby approved, subject to minor modification by the City
Manager or City Attorney.
BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that
Task Order 2016-01 for GHD Inc. included as Attachment B is approved, subject to minor
revisions by the City Manager or City Attorney.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
take all actions as may be reasonably necessary to effectuate the purposes of this Resolution.
DULY AND REGULARLY ADOPTED this 121h day of July, 2016.
CITY OF ROHNERT PARK
May6r
ATTEST:
Caitlin Saldanha, Deputy City Clerk
Attachments: Attachment A and Attachment B
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2016-76
Attachment A
MASTER AGREEMENT FOR CONSULTANT SERVICES
This MASTER AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is
entered into as of the first day of March, 2016, by and between the City of Rol -inert Park
("City"), a California municipal corporation, and GHD Inc. ("Consultant"), with reference to
the following facts, understandings and intentions.
Recitals
WHEREAS, City desires to obtain the services listed in Attachment A and
WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement, and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3 of this Agreement, subject to the terms and conditions of this
Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows;
1. Incorporation of Recitals. The recitals and all defined terms set forth above are
hereby incorporated into this Agreement as if set forth herein in full.
2. Project Coordination. Authorized representatives shall represent City and
Consultant in all matters pertaining to this Agreement.
A. City. The City Manager or his/her designee shall represent City
for all purposes under this Agreement, except where approval for the City is specifically required
by the City Council. The Senior Engineering Technician is hereby designated as the project
manager ("Project Manager"), The Project Manager shall supervise the progress and execution
of this Agreement.
B. Consultant. The Consultant shall assign Alex Culick to have
overall responsibility for the progress and execution of this Agreement for Consultant.
Scone and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals
as City may determine from time to time, Consultant shall perform the type of services generally
set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference.
Consultant shall be assigned to provide particular services pursuant to the requirements of a task
order- that has been issued in conformance with the City's Purchasing Policy ("Task Order")
executed by Consultant and City.
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B. Time of Performance. The services of Consultant 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. Consultant shall perform its
services in accordance with the schedule attached to the Task Order. Any changes to these dates
in either this Section 3 or the Task Order shall be approved in writing by the Project Manager.
C. Standard of QLUI ty. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts
to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable
legal requirements; and 3) with the standard of quality ordinarily to be expected of competent
professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all
errors made in the provision of services under this Agreement. In the event that Consultant fail
to make such correction in a timely manner, City may make the correction and charge the cost
thereof to Consultant.
4. Compensation and Method of Pa ment.
A. Compensation. The compensation to be paid to Consultant,
including both payment for professional services and reimbursable expenses, shall: (1) for
services provided directly under this Agreement be at the rate and schedules more particularly
described in Fxhibit B, attached hereto and incorporated by this reference, or (2) for services
authorized by Task Orders, be at the rate and schedules specified by said Task Order. However,
in no event shall the amount City pays to Consultant for services provided directly under this
Agreement exceed fifteen thousand dollars ($15,000.00); nor shall the amount City pays to
Consultant for work done by Task Order exceed the total compensation specified by the Task
Order. Whether working under this Master Agreement or a Task Order, the services of the
Design Professional shall not commence without a written notice to proceed from the City.
City's obligation to pay compensation to Consultant as provided herein is contingent upon
Consultant's compliance with the terms and conditions of this Agreement and any amendments
thereto. 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. City shall pay
Consultant as compensation in full for such services and expenses for the different elements of
the scope of work as follows:
B. Timm , of Payment.
(1) Consultant shall submit itemized monthly statements for work
performed. All statements shall include adequate documentation
demonstrating work performed during the billing period and shall
conform to Federal Funding invoicing requirements, if applicable.
Except as otherwise provided herein, City shall make payment, in
full, within thirty (30) days after approval of the invoice by City.
(2) Payments due and payable to Consultant for current services must
be within the current budget and within an available, unexhausted
and unencumbered appropriation of the City. In the event the City
has not appropriated sufficient funds for payment of Consultant
services beyond the current fiscal year, this Agreement shall cover
only those costs incurred up to the conclusion of the current fiscal
year; payment for additional work is conditional upon future City
appropriation.
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C. Changes in Compensation. Consultant will not undertake any
work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement
without prior written amendment to this Agreement. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. hi such event,
the compensation and time of performance shall be subject to renegotiation upon written demand
of either party to the Agreement. Consultant shall not commence any work exceeding the Scope
of Work without prior written authorization from the City. Failure of the Consultant to secure
City's written authorization for extra or changed work shall constitute a waiver of any and all
right to adjustment in the contract price or time due, whether by way of compensation,
restitution, quantum meruit, etc. for work done without the appropriate City authorization.
D. Taxes. Consultant 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 Consultant.
B. No Overtime or Premium Pay. Consultant 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. Consultant shall not receive a premium or enhanced pay for work
performed on a recognized holiday. Consultant 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 Sulalaort. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the
action is brought by Consultant or is based upon Consultant's negligence, City will compensate
Consultant for the preparation and the testimony at Consultant's standard hourly rates, if
requested by City and not part of the litigation brought by City against Consultant.
5. Term. The term of this Agreement shall commence on the date of its execution
by both parties and shall continue in full force and effect until December 31, 2019, unless earlier
terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement
may be extended for successive one-year tenm(s) upon mutual, written approval by the City
Manager or his/her designee and Consultant. Work authorized by a separate Task Order as
contemplated by this Agreement shall be performed in accordance with the schedule set forth in
the Task Order.
6. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the set -vices of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if
any, shall be subject to the Project Manager's inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
7. Ownership of DocLinients. Title, including the copyright and all intellectual
property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings,
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descriptions, designs, data, photographs, reports and any other final work products compiled,
prepared or obtained by the Consultant under the Agreement shall be vested in City, none of
which shall be used in any manner whatsoever, by any person, firm, corporation, or agency
without the expressed written consent of the City. Consultant shall assume no responsibility for
the unintended use by others of such final work products which are not related to the scope of the
services described under this Agreement. Basic survey notes and sketches, charts, computations,
and other data prepared or obtained under the Agreement shall be made available, upon request,
to City without restriction or limitations on their use. Consultant may retain copies of the above-
described information but agrees not to disclose or discuss any information gathered, discussed
or generated in any way through this Agreement without the written permission of City during
the term of this Agreement, unless required by law.
8. Employinent of Other Consultants, Specialists or Experts. Consultant 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.
Conflict of Interest.
A. Consultant covenants and represents that neither it, nor any officer
or principal of its firm, has, or shall acquire any investment, income, business entity, interest in
real property, or other interest, directly or indirectly, which would conflict in any manner with
the interests of City, hinder Consultant's performance of services under this Agreement, or be
affected in any manner or degree by performance of Consultant's services hereunder. Consultant
further covenants that in the performance of the Agreement, no person having any such interest
shall be employed by it as an officer, employee, agent, or subcontractor without the express
written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
(1) Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(2) will conduct research and arrive at conclusions with respect to its
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
(3) possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation, or counsel.
(2 Cal. Code Regs. § 18700(a)(2).)
10. Liability of Members and Eiriplo5Tes of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to
Consultant or otherwise in the event of any default or breach of the City, or for any amount
which may become due to Consultant or any successor in interest, or for any obligations directly
or indirectly incurred under the terms of this Agreement. The City has no liability or
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responsibility for any accident, loss, or damage to any work performed under this Agreement
whether prior to its completion or acceptance or otherwise.
11. 1 ndeninity.
A. Indemnification. To the fullest extent permitted by law,
Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably
satisfactory to the City) and hold harmless City and any and all of its officers, officials,
employees, agents and volunteers ("Indemnified Parties") from and against any and all liability
(including liability for claims, demands, damages, obligations, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
interest, defense costs and expert witness fees) of any nature ("Liability"), whether actual,
alleged or threatened, which arise out of, pertain to, or relate to the performance or failure to
comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties.
For design professionals (as that term is defined by statute) acting within the scope of their
professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense,
indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any
Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened,
which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of
the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended
from time to time.
The only exception to Consultant's responsibility to indemnify, protect, defend, and hold
harmless the Indemnified Parties from Liability is due to the active negligence or willful
misconduct of City or its elective or appointive boards, officers, agents and employees.
B. Scope of Obligation. Consultant's duty to indemnify, protect,
defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by
counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable by or for Consultant under worker's compensation, disability
or other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by Consultant and shall continue to bind the parties after termination/completion of this
agreement. This indemnification shall be regardless of and not in any way limited by the
insurance requirements of this contract. This indemnification is for the full period of time
allowed by law and shall survive the termination of this agreement. Consultant waives any and
all rights to express or implied indemnity against the Indemnified Parties concerning any
Liability of the Consultant arising out of or in connection with the Agreement or Consultant's
failure to comply with any of the terns of this Agreement.
Consultant's duty to indemnify, protect, defend and hold harmless as set forth in this Section 11
shall not be excused because of the Consultant's inability to evaluate Liability, or because the
Consultant evaluates Liability and determines that the Consultant is not or may not be liable.
The Consultant must respond within thirty (30) calendar days to any tender by the City, unless
the time for responding has been extended by an authorized representative of the City in writing.
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If the Consultant fails to timely accept such tender, in addition to any other remedies authorized
by law, as much of the money due or that may become due to the Consultant under this
Agreement as shall reasonably be considered necessary by the City may be retained by the City
until disposition has been made of the matter subject to tender, or until the Consultant accepts the
tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation incurred by the City in responding to
matters prior to Consultant's acceptance of the tender.
12. Independent Contractor. It is expressly agreed that Consultant, in the
performance of the work and services agreed to be performed by Consultant, shall act as and be
an independent contractor and not an agent or employee of City and shall have responsibility for
and control over the details and means of providing its services under this Agreement.
Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation
and services necessary for the successful completion of the services under this Agreement. As
an independent contractor, Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it
may have to any such rights. Consultant, its officers, employees and agents shall not have any
power to bind or commit the City to any decision.
13. Cornplirulce. with Laws,
A. General. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. City is not
responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph or in this Agreement.
B. Workers' Com ensation. Consultant 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 Consultant certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the
Agreement.
C. Prevailing 'Wage. Consultant and Consultant's subconsultants (if
any) 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's office of the City
Clerk.
D. lniury and Illness Prevention Pro rg ann. Consultant certifies that it
is aware of and has complied with the provisions of California Labor Code § 6401.7, which
requires every employer to adopt a written injury and illness prevention program.
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E. Business Licenses. Except as otherwise allowed by City in its sole
discretion, Consultant and all subconsultants shall have acquired, at Consultant's expense, a
business license from the City in accordance with Chapter 5.04 of the Rohriert Park Municipal
Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s)
shall be kept valid throughout the term of this Agreement. City may withhold compensation
from Consultant until such time as Consultant complies with this section.
F. Waiver of Subrogation. Consultant and Consultant's insurance
company agree to waive all rights of subrogation against City, its officers, elected officials,
employees, agents and volunteers for losses paid under Consultant's workers' compensation
insurance policy which arise from the work performed by Consultant for City.
14. Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant 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.
15. Assignment; Subcontractors, Employees
A. AssignrYxent. Consultant shall not assign, delegate, transfer, or
convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or
interest in or to the same or any part thereof without the City's prior written consent, which shall
be in the City's sole discretion. Any assignment without such approval shall be void and, at the
City's option, shall immediately cause this Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant hereunder.
No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors
are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of
the Project Manager.
16. Insurance. Without limiting Consultant's indemnification provided herein,
Consultant shall, at its own expense, procure and maintain insurance that complies with the
requirements set forth in Exhibit (`' to this Agreement, which is attached hereto and incorporated
by reference. Consultant shall upon thirty (30) days' notice comply with any changes in the
amounts and terms of insurance as may be required from time -to -time by City's risk manager.
17. Termination of Agreement, Default.
A. This Agreement and all obligations hereunder may be terminated
at any time, with or without cause, by the City upon five (5) days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this
Agreement within the time and in the manner herein provided or otherwise violates any of the
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terms of this Agreement, in addition to all other remedies provided by law, City may terminate
this Agreement immediately upon written notice. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
termination, it being understood that any payments are frill compensation for services rendered
prior to the time of payment.
D. Upon termination of this Agreement with or without cause,
Consultant shall turn over to the City Manager immediately any and all copies of studies,
sketches, drawings, computations, and other data, whether or not completed, prepared by
Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in
connection with this Agreement. Such materials shall become the permanent property of the
City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for
the City's use of complete documents if used for other than the project contemplated by this
Agreement.
18. SuVensio . The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Consultant to perform any provision of
this Agreement. Consultant will be paid for satisfactory services performed prior to the date of
suspension. During the period of suspension, Consultant shall not receive any payment for
services or expenses incurred by Consultant by reason of such suspension.
19. Merger, Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between City and Consultant and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Consultant. All provisions of
this Agreement are expressly made conditions.
20. IntMretatic3n.. 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.
21. 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,
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22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a
written notice from City to proceed with work required by a Task Order, Consultant shall
immediately commence work to perform the services required by that Task Order according to
the time requirements set in the Task Order.
23. 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 below. Either party
may change its address by notifying the other party of the change of address. Notice shall be
deemed connnunicated within 72 hours from the time of mailing if mailed as provided in this
section.
If to City: City Clerk
City of Rolmert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Phone: 707-588-2232
Fax: 707-794-9242
Email: vmarin@r-pcity.org
If to Consultant: Alex Culick
2235 Mercury Way, Suite 150
Santa Rosa, CA 95407
Phone: 707-523-1010
Fax: 707-527-8679
Email: Alex.Culick@ghd.com
24. Consultant's Books and Records.
A. Consultant 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 and 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 tennination or completion of
this Agreement.
B. 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
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agreed upon, the records shall be available at Consultant's address indicated for receipt of notices
in this Agreement.
C. The City may, by written request by any of the above-named
officers, require that custody of the records be given to the City and that the records and
documents be maintained in the City Manager's office,
25. 11geement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
26. Equal EmRloyment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant for
employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or
national origin. Consultant will take affirmative action to ensure that applicants are treated
during such employment without regard to race, religion, 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. Consultant further agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
27. Pion -Exclusive Agreement. This is a non-exclusive agreement. City reserves the
right to provide, and to retain other consultants to provide, services that are the same or similar to
the services described in this Agreement.
28. City Not Obligated to Third Par -ties. The City shall not be obligated or liable for
payment hereunder to any party other than Consultant.
29. Remedies/Waiver. No failure on the part of either party to exercise any term,
covenant, condition, right or remedy hereunder shall operate as a waiver of any other term,
covenant, condition, right or remedy that such party may have hereunder. All remedies
permitted or available under this Agreement, or at law or in equity, are cumulative and
alternative. As a condition precedent to commencing legal action involving a claim or dispute
against the City arising from this Agreement, the Consultant must present a written claim to City
in accordance with the Rohnert Park Municipal Code
30. 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.
31. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
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A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements
32. 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.
33. News Releases/Interviews. All Consultant and subconsultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by City.
34. Applicable Law, Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that a trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
35. Authority. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
36. Stitement of.,c:o nQmic Interest. If City determines Consultant comes within the
definition of Consultant under the Political Reform Act (Government Code §87100), Consultant
shall complete and file and shall require any other person doing work under this Agreement to
complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park
disclosing Consultant and/or such other person's financial interests.
IN WITNESS WHEREOF, City and Consultant have executed
above written.
CITY OF ROHNERT PARK
By:
City Manager
Date:
Per Resolution No. 20_ -_adopted by the Rohnert Park
City Council at its mecting of
OAK fl4844-6469-8375 v103
CONSUL
Agreement as of the date first
By: 1 ;1 Z �
Title: Alcx Gulick .Ii.
Date:. / A V
CONSULTANT
By:
Title: Mattliew Wi rlceljnan, P.E., Associate
Date: 112-7 116,
Page 11 of 18
APPROVED AS TO FORM:
By:_ - --
City Attorney
ATTEST:
BY
City Clerk
Page 12 of 18
OAK H4844-6469-8375 v703
Exhibit A & B
Attachments
Page 13 of 18
Project Principal
Senior Professional
Professional
Principal Technical Officer
Senior Technical Officer
Drafter
Senior Administrative Officer
Administrative Officer
Senior Service Grotap Support
Service Group Support
COnStrUction Manager
Senior Site Engineer
Site Engineer
Senior Inspector
Inspector
Surveyor
EXHIBIT "B"
FEE SCHEDULE
(July 2015)
210-2601
175-240
145-175
125-16x0
120-140
100-140
110-175
90-115
120-180
90-115
160-210
140-200
120-165
115-160
1'10-145
115-180
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, time spent 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 at 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:
A. Office consumables: $6,00/hr
B. Environmental Dept/Construction Inspector consumables: $11.00/hr
C. Survey Field consumables: $15.00/hr
D. Various Environmental, Construction and Land Surveying 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 assessed 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
cost
Exhibit B
EXHIBIT C
INSURANCE REQUIREMENTS for Consultant Services Agreement
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in
conformance with the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set.forth here, Consultant
agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the
insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following.types and amounts of'insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form
CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits are subject to review but in
no event less than $2,000,000 (Two Million Dollars) per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two
Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -
owned auto endorsement to the general liability policy described above. If Consultant or Consultant's
employees will use personal autos in any way on this project, Consultant shall provide evidence of
personal auto liability coverage for each such person.
Workers Compensation on a state -approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Any such coverage provided under
an umbrella liability policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is deten-nined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be applicable to City for
injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required herein. Limits
are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered
.Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the
aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this
agreement,
Exhibit C
OAK 44844-6469-8375 v103
Page 14 of 18
Insurance procuredpursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A.M. Best's rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City
agree to the following with respect to insurance provided by Consultant.
1. Consultant agrees to have its insurer endorse the third party general liability coverage required
herein to include as additional insureds the City, its officers, elected officials, employees, agents,
and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If
completed operations coverage is excluded, the policy must be endorsed to include such coverage.
Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant,
or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss.
Consultant agrees to waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
elected 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.
4. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations limits the application of
such insurance coverage.
5. None of the coverages required herein will be in compliance with these requirements if they include
any limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
6. No liability policy shall contain any provision or definition that would serve to elinunate so-called
"third party action over" claims, including any exclusion for bodily injury to an employee of the
insured or of any contractor or subcontractor.
7. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in scope of
coverage (e.g. elimination of contractual liability or reduction of discovery period)' that may
affect City's protection without City's prior written consent.
8. Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to Consultant's
general 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 has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
Exhibit C
OAK #4844-6469-8375 003
Page 15 of 18
9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of
coverage. Consultant agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes
no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Consultant or any subcontractor, is intended to apply first and on a primary,
noncontributing basis in relation to any other insurance or self insurance available to City.
11. Consultant agrees to ensure that subcontractors, and any other party involved with the project who
is brought onto or involved in the project by Consultant, provide the same minimum insurance
coverage required of Consultant, Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for review.
12. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any
portion of the insurance required herein and further agrees that it will not allow any contractor,
subcontractor, Architect, Engineer or other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self -insure its obligations to City. If
Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or self-insured retention,
substitution of other coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Consultant ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards performance of this Agreement.
15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Consultant will renew the required coverage annually as long as City, or its employees or agents
face an exposure from operations of any type pursuant to this agreement. This obligation applies
whether or not the agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
17. Consultant shall provide proof that policies of insurance required herein expiring during the term of
this Agreement have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate
of insurance and/or additional insured endorsement as required in these specifications applicable to
Exhibit C
OAK 44844-6469-8375 v103
Page 16 of 18
the renewing or new coverage must be provided to City within five days of the expiration of the
coverages.
18. The provisions of any workers' compensation or similar act will not limit the obligations of
Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity
defenses under such laws with respect to City, its officers, elected officials, employees, agents, and
volunteers.
19. Requirements of specific coverage features or limits contained in this section are not intended as
limitations on coverage, limits or other requirements nor as a waiver of any coverage normally
provided by any given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
20. These insurance requirements are intended to be separate and distinct from any other provision in
this agreement and are intended by the parties here to be interpreted as such.
21. The requirements in this Section supersede all other sections and provisions of this Agreement to
the extent that any other section or provision conflicts with or impairs the provisions of this Section.
22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any
way with the project reserves the right to charge City or Consultant for the cost of additional
insurance coverage required by this agreement. Any such provisions are to be deleted with
reference to City. It is not the intent of City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City.
Exhibit C
OAK #4844-6469-8375 003
Page 17 of 18
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am 4he Q. and a
duly authorized representative of the firm of (7 riC.
whose address is3IV_,, 1,�"p���y�r 5 tj'aml that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
C) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
I A IDate Signature
1257802v1A 80078/0012 Page 18 of 18
OAK 94844-6469-8375 v103
EXHIBIT "A"
Scope of Work
January 2016
A. General Municipal Engineering Services
It is acknowledged that there is Engineering Department personnel that will perform as much of the
general municipal engineering services as possible and that the work Consultant will perform is work that
cannot be performed by existing personnel due to staffing limitations and available resources. Service
covered under this section excludes work covered under Paragraph C of this Exhibit and is for service not
reimbursed by private development and applicants under the City's cost recovery program. Tasks to be
performed may include:
1. When directed, attend City Council, Planning Commission, and other formal public meetings.
2. When directed, attend staff level meetings with the City staff, other public agency staff, public
officials, community leaders, and the general public.
3. When directed, recommend regulations and ordinances pertaining to Public Works and
Engineering Department matters.
4. When directed, assist in the oversight and coordination with other public agencies such as:
Caltrans for federal and state transportation funded projects from the standpoint of meeting State
requirements; or Sonoma County for CDBG funding for meeting State and Federal requirements.
5. When directed, provide technical consultation to City personnel for general engineering
questions.
6. Upon City's request, provide consultation to the City on engineering and construction grants
available from other governmental agencies and when so directed prepare and initiate application
for such funding.
7. Other work, as directed.
B. General City Planning Services
It is acknowledged that there is Planning Department personnel that will perform as much of the general
city planning services as possible and that the work Consultant will perform is work that cannot be
performed by existing personnel due to staffing limitations and available resources. Service covered
under this section excludes work covered under Paragraph C of this Exhibit and is for service not
reimbursed by private development and applicants under the City's cost recovery program. Tasks to be
performed may include:
1, When directed, attend City Council, Planning Commission, and other formal public meetings.
2. When directed, attend staff level meetings with the City staff, other public agency staff, public
officials, community leaders, and the general public.
3. When directed, recommend regulations and ordinances pertaining to Planning Department
matters.
4. When directed, provide consultation to City personnel for general city planning questions.
5. Other work, as directed.
C. Development Review
Service covered under this section is for service that is reimbursed by private development and applicants
under the City's cost recovery program. Tasks to be performed shall be specifically requested by City
before any work is initiated and may include:
Exhibit A
I . Perform plan review and checking of land divisions and site development, including providing the
appropriate certification of the Map by a pre -1982 registered Civil Engineer or; post -1982
registered Civil Engineer and registered Land Surveyor.
2. Review tentative maps and other submittals for land divisions for proposed development and
make recommendations as to engineering and/or planning and environmental matters.
3. Review Specific Plans and, when directed, provide technical assistance in the processing of all
documents pertaining to the Specific Plan Areas, as well as the subsequent implementation of the
Specific Plans (e.g., Environmental Impact Reports, Development Area Plans, Tentative and
Subdivision Maps).
4. Provide assistance in the processing of annexations.
5. When directed, prepare staff reports and other documentation for development projects being
reviewed.
6. Other work, as directed.
D. Capital Projects and Studies
As specifically authorized by separate Task Order, Consultant may perform the following services:
1. Engineering studies for City's facilities.
2. Technical support and project management pertaining to City's programs such as Storm Water
NPDES Phase II, Capital Improvement Program, and the Public Facilities Finance Plan Program.
3. Prepare plans, specifications, and opinions of probable cost for City projects.
4. Provide design and construction surveys and real property engineering.
5. Provide construction management and observation for City projects.
6. Environmental review and permitting.
7. Provide asset management and business consulting services.
8. Provide assessment, reporting, and remediation or abatement of hazardous materials.
9. Provide geotechnical services.
10. Other work, as directed.
Exhibit A
GHD, INC. TASK ORDER NO. 2016-06
CITY OF ROHNERT PARK
AND
GHD, INC.
AUTHORIZATION TO PROVIDE CONSTURCTION
MANAGEMENT SERVICES FOR WILFRED AVENUE
REHABILITATION PROJECT NO. 2016-09
SECTION 1 —PURPOSE
The purpose of this Task Order is to authorize and direct GHD, Inc. to proceed with the work specified
in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City
of Rohnert Park ("City") and GHD, Inc. ("Consultant") hereto dated July 12, 2016
SECTION 2 — SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment "A" - Scope of Services, which is
attached hereto and incorporated by this reference.
SECTION 3 — COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced
in SECTION 1 above. The total cost for services as set forth in SECTION 2 above shall be actual costs
(time and materials) based on Consultants' standard labor charges in accordance with the provisions of the
MASTER AGREEMENT and as shown in Attachment `B," which is attached hereto and
incorporated by this reference, for an amount not -to -exceed twenty six thousand five hundred thirty
dollars ($26,530.00).
SECTION 4 — TIME OF PERFORMANCE
The work described in SECTION 2 of this Task Order shall be completed by December 31, 2016 or as
extended in writing by the City Manager.
SECTION 5 — TERMS AND CONDITIONS
All ten -ns and conditions contained in the MASTER AGREEMENT for professional services between
City and Consultant are incorporated by reference and remain in full force and effect.
Approved this 12th, day of July, 2016.
Signatures on Next Page
CITY OF ROHNERT PARK
Darrin Jenkins, City Manager
7/12/2016
Per Minute Order adopted by the Rohnert Park City
Council at its meeting of 7/12/2016
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
GHD, Inc.
By: Maine, Title
(Date)
Attachment A
June 10, 2016
Mr. Artur da Rosa, PE
Deputy City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Subject: Scope and Fee Proposal for Wilfred Avenue Rehabilitation Project
Construction Management/Observation Services
Dear Mr. da Rosa:
We are pleased to submit this proposal to the City for providing Construction
Management/Observation Services for the Wilfred Avenue Rehabilitation Project.
Background
The City prepared plans and specifications (the bid documents) for the rehabilitation of Wilfred
Avenue between Redwood Drive and Stony Point Road. Plans were issued and bids will be
opened on June 15, 2016. Construction is anticipated to begin approximately mid-July, 2016.
The project's scope for construction includes the following:
• Shoulder replacement between Labath Avenue and Langner Avenue;
• Minor crack sealing in limited areas;
• Dig outs of failed asphalt in the intersection of Redwood Drive and Golf Course Drive;
• Micro -sealing the entire stretch of road; and
• Re -striping the roadway.
The City requested GHD provide a scope of work and fee schedule for part time construction
management/observation services for this project.
The critical issues of the project that we currently see are:
• Traffic Control: the Casino and other businesses are along the construction corridor
and maintaining clear traffic control will reduce the potential for complaints
• Environmental: keeping the work area confined within the asphalt limits
• Materials Testing: closely managing the materials to be tested, the frequency of testing,
and quickly passing the results back to the Contractor and City
Due to the type of work, we anticipate the inspection will require approximately 15 days of full
time inspection. The construction period is for 30 working days. Currently, GHD is working on a
GHD Inc.
2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA
T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com
7
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construction project for the City in Snyder Lane, so we will have another inspector available to
check the conditions if the lead inspector needs assistance.
Project Team
GHD proposes the following project team to provide as needed Construction Support:
• Jim Winter, P.E. — Construction Manager
• Steve Espinoza — On-site Observer/Inspector
• Eric Leitz — Back-up On-site Observer/Inspector
Mr. Esponoza is a Civil Engineering graduate and will sit for the Professional Engineers
examination next spring. Prior to attending college, he previously worked as a laborer in the
construction industry. While attending college, he worked on the 101 Bypass Project in Willits
as a Field Engineer for Flat Iron Construction. Upon graduation, he worked for Kiewit
Construction on a US Army Corp of Engineers project in Sacramento as a Field Engineer
dealing with environmental issues and earthwork.
The project will be backed up by other staff from the Santa Rosa office if needed.
Scope of Work
GHD will perform the following tasks.
Task 1.0 - Contract Administration
1.1 Project Coordination. Meet with City staff to discuss and coordinate issues with the
project. This will be accomplished by site visits, project meetings, phone conversations,
and email updates of the activities that occurred.
1.2 Pre -Construction Meeting. Working with City staff to develop a pre -construction
meeting agenda, organize, and conduct the meeting; and prepare meeting notes.
1.3 Project Meetings. Organize meetings with City staff, Contractor, and GHD team.
Additionally we would prepare an agenda and provide meeting notes of the progress
meetings and other special technical meetings.
1.4 Schedule Management. Review the Contractor's as -planned schedule for conformance
with the specifications and for reasonableness of activity durations and sequence.
Review the schedule with the City and monitor the Contractor's progress against the
schedule.
1.5 Maintain Project Records. Maintain GHD project records, including daily logs (when on
site), photos, submittals, RFIs, and RFCs. Review PCO's and change orders, issues,
and correspondence. Project records will be maintained in an organized manner for
quick reference and are accessible to City staff as requested.
1.6 Review Monthly Progress Payments. Evaluate the monthly progress payment
requests from the Contractor and recommend payment.
2
1.7 Prepare Monthly Progress Reports. Prepare and review with the City monthly
progress reports.
1.8 Requests for Information (RFIs) and Requests for Clarifications (RFCs). Respond
to RFI and RFC requests by the Contractor.
1.9 Potential Change Orders (PCOs) and Change Orders. Respond to change order
requests, evaluate PCOs and Change Orders, assist with determination of changed
conditions and scope definition as needed, develop independent cost estimate, assist
with negotiation, and incorporate change orders into the construction contract.
1.10 Coordinate Submittal and Shop Drawing Review Process. Assist with the
submittal/shop drawing review process. This task includes coordination with the design
engineer on status of review, review response, and transmitting the response to the
Contractor.
1.11 Permits Compliance. It is our understanding that County and Caltrans encroachment
permits are not required. Also, we understand that no environmental or regulatory
permits are required for the project (i.e., CDFW, US Army Corps of Engineers, RWQCB).
1.12 Monitor Construction Record Drawings. Coordinate with the Contractor and maintain
our own as -built drawings. Provide redlines to the City when complete.
1.13 Claims Management (optional service). GHD will assist with Claims Management at
the request of the City on a time and materials basis.
1.14 Field Inspection/Observation. Provide part-time, on-site construction
inspector/observer to monitor the Contractor's work for compliance with the contract
documents, submittals, RFIs, change orders, and coordination with businesses and
residences along the route.
1.15 Photograph or Video Documentation. Provide photographs or videos of the roadway.
1.16 Field Changes. Coordinate with City and Contractor and write field directives for change
conditions.
1.17 Daily Reports. Prepare Daily Observation Reports. The daily reports will include
photographs and material tags.
1.18 Materials Testing Coordination. Coordinate with the County Materials Laboratory.
Task 2.0 - Project Completion
2.1 Project Completion and Punch List. Schedule a site review to be attended by the City,
GHD, and other required stakeholders to conduct final completion inspections prior to
issuing a punch list.
3.2 Project Documents. Will be provided through ongoing correspondence with the City;
daily inspection/observation notes can be provided to the City upon request.
Documentation will be in electronic format.
3
3.3 Notice of Completion. GHD will work with the City to coordinate the Notice of
Completion.
Assumptions
1. Contractor is responsible for the means and methods on the project.
2. Contractor is responsible for job site safety.
3. County Materials Laboratory is supplying the testing.
4. County Encroachment Permit is not necessary.
5. Caltrans Encroachment Permit is not necessary.
6. Contractor is responsible for obtaining a City Encroachment Permit.
Compensation
GHD proposes to perform the scope of services on an hourly rate, time and materials basis in
accordance with our Standard Fees and Conditions. The proposed fee estimate for the scope of
services is $ 26,530.
The total "not -to -exceed" fee will not be exceeded without written authorization by the City. The
individual task fees may be adjusted without written authorization provided the adjustments stay
within the total "not -to -exceed" limit.
Schedule
GHD proposes to perform the scope of services immediately upon receipt of written Notice -to -
Proceed.
Please do not hesitate to contact us if you have any questions or need additional information.
Kind regards,
GHD Inc.
Jim Winter, PE
Construction Manager
Attachment: GHD Rate Sheet, GHD Project Estimating Sheet
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