2019/11/12 City Council Resolution 2019-139 RESOLUTION NO. 2019-139
A RESOLUTION FINDING THE SOUTHEAST AREA WATER MAIN
IMPROVEMENTS PROJECT (2018-06) EXEMPT FROM FURTHER REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,APPROVING
THE PLANS AND SPECIFICATIONS,AWARDING THE CONSTRUCTION
CONTRACT TO MAGGIORA & GHILOTTI, INC.,AND RELATED ACTIONS
WHEREAS, water line replacement and upgrade is essential to provide adequate utilities
for the City and its citizens and specifically to support the development of an affordable housing
complex in the Willowglen subdivision; and
WHEREAS, the Southeast Area Water Main Improvements Project(2018-06) is included
with the City's approved Capital Improvement Program; and
WHEREAS, the plans and specifications for the Project were prepared by Brelje & Race
Consulting Engineers and approved by the City Engineer; and
WHEREAS, consistent with the Public Contract Code, an invitation for bids was posted and
published on September 3, 2019, for the Project; and
WHEREAS, 7 sealed bids were received on the bid opening date of October 1, 2019 and
were publicly opened; and
WHEREAS, staff reviewed the bids and determined that Maggiora& Ghilotti, Inc.
submitted the lowest responsive and responsible bid with an amount of$768,768.00 as a base bid;
and
WHEREAS, staff recommends proceeding with the base bid for a total of$768,768.00; and
WHEREAS, staff recommends procuring Brelje &Race Consulting Engineers for design
services during construction of the project; and
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
1. The above recitals are true and correct and material to this Resolution.
2. The City Council determines that the Southeast Area Water Main Improvement Project
(2018-06) exempt from further environmental review as the project was previously analyzed
under the Southeast Specific Plan Final Environmental Impact Report (EIR), SCH No.
20033112011, which encompasses the area development plan and adequately analyzed the
potential environmental impacts of infrastructure upgrades to support it. No substantial
changes to this infrastructure work or its circumstances have occurred and no new
information has become available since the certification of the EIR that would require
preparation of additional environmental documentation.
3. The plans and specifications for the Southeast Area Water Main Improvements Project
(2018-06), on file with the City Clerk, are hereby approved and adopted.
4. In making its findings,the City Council relied upon and hereby incorporates by reference all
of the bid materials, correspondence, staff reports and all other related materials.
5. In accordance with California Public Contract Code Section and any other applicable laws,
the City Council of the City of Rohnert Park hereby finds the bid of$768,768.00 for the
Project to be the lowest, responsive bid and waives any irregularities in such bid in
accordance with applicable law.
6. The City Manager is hereby authorized and directed to execute the contract with Maggiora
& Ghilotti, Inc. in substantially similar form to Exhibit A, which is attached hereto and
incorporated by this reference, for the sum of seven hundred sixty-eight thousand seven
hundred sixty-eight dollars ($768,768.00) for construction of the Project in accordance with
the bid documents and applicable law upon submission by Maggiora& Ghilotti, Inc. of all
documents required pursuant to the Project bid documents.
7. The City Manager is hereby authorized to execute change orders in an amount not to exceed
10% of the base bid, or seventy six thousand eight hundred and seventy six dollars and
eighty cents ($76,876.80).
8. The Finance Manager is hereby authorized to execute a budget amendment in the amount
of:
a. Transfer$498,750.00 of unencumbered Water Capacity Funds (Fund 519)to Capital
Project 2018-06
9. City staff is hereby directed to issue a Notice of Award to Maggiora& Ghilotti, Inc. for this
project.
10. The City Manager is hereby authorized to execute a task order amendment with Brelje&
Race as shown in Exhibit B for an additional amount of twenty seven thousand one hundred
dollars ($27,100), for a total task order amount of one hundred and fifteen thousand five
hundred dollars ($115,500).
11. This Resolution shall become effective immediately.
12. All portions of this resolution are severable. Should any individual component of this
Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction,
then the remaining resolution portions shall continue in full force and effect, except as to
those resolution portions that have been adjudged invalid. The City Council of the City of
Rohnert Park hereby declares that it would have adopted this Resolution and each section,
subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that
one or more section, subsection, clause, sentence, phrase or other portion may be held
invalid or unconstitutional.
DULY AND REGULARLY ADOPTED this 12th day of November, 2019.
CITY OF RO ERT PARK
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ATTEST: GirfWBelfortie, Mayor
Sylvia L pez Cuevas, Assistant it Clerk
Attachments: Exhibit A, Exhibit B
ADAMS: MACKENZIE: STAFFORD: `CALLINAN. BELFORTE:
AYES: ( ) ES!: (0) ABSENT- ( �) ABSTAIN: )
Resolution 2019-139
2
Reso Exhibit A
C O N T R A C T
SOUTHEAST AREA WATER MAIN IMPROVEMENTS
PROJECT NO. 2018-06
THIS AGREEMENT, made and entered into this ______ day of _______________, 2019,
by and between Maggiora & Ghilotti, Inc., hereinafter called "Contractor", and the City of Rohnert
Park, hereinafter called "City".
W I T N E S S E T H :
WHEREAS, the City Council of said City has awarded a contract to Contractor for
performing the work hereinafter mentioned in accordance with the sealed proposal of said
Contractor.
NOW, THEREFORE, IT IS AGREED, as follows:
1. Scope of Work: The Contractor must perform all the work and furnish all the labor,
materials, equipment and all utility and transportation services required to complete all of the work
of construction and installation of the improvements more particularly described in the Resolution
adopted by the City Council of said City on November 12, 2019, the items and quantities of which
are more particularly set forth in the Contractor's bid therefor on file in the office of the City Clerk,
except work to be performed by subcontractors as set forth in the Contractor’s bid and for which
the Contractor retains responsibility.
2. Time of Performance and Liquidated Damages: The Contractor must begin work
within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work
and must diligently prosecute the same to completion within 140 calendar days of that Notice. The
Contractor acknowledges and agrees that time is of the essence with respect to Contractor’s work
and that Contractor shall diligently pursue performance of the work.
In the event the Contractor does not complete the work within the time limit so specified or
within such further time as said City Council must have authorized, the Contractor must pay to the
City liquidated damages in the amount of $500 per day for each and every day's delay in finishing
the work beyond the completion date so specified. Additional provisions with regard to said time
of completion and liquidated damages are set forth in the specifications, which provisions are
hereby referred to and incorporated herein by reference.
3. Payments: Payments will be made by City to the Contractor for said work
performed at the times and in the manner provided in the specifications and at the unit prices stated
in Contractor's bid.
The award of the contract is for a total amount of $768,768.00.
4. Component Parts and Interpretation: This contract must consist of the following
documents, each of which is on file in the office of the City Clerk and all of which are incorporated
herein and made a part hereof by reference thereto:
a) This Agreement
b) Notice Inviting Sealed Proposals
c) Instruction and Information to Bidders
d) Accepted Proposal, with all attachments and certifications
e) Performance Bond
Reso Exhibit A
f) Payment Bond
g) Special Provisions
h) Standard Specifications
i) Technical specifications
j) Design Standards
k) Plans, Profiles and Detailed Drawings
In the event of conflict between these documents, the following order of precedence will
govern: this contract; change orders; supplemental agreements and approved revisions to plans
and specifications; special conditions; standard specifications; detail plans; general plans;
standard plans; reference specifications. In the absence of a controlling or contrary provision in
the foregoing, the Standard Specifications (2015 edition) of the California Department of
Transportation shall apply to this project.
5. Independent Contractor. Contractor is and will at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, or agents will
have control over the conduct of Contractor or any of Contractor’s officers, employees, agents
or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not
at any time or in any manner represent that it or any of its officers, employees, agents, or
subcontractors are in any manner officers, employees, agents or subcontractors of City.
6. Prevailing Wages: Copies of the determination of the Director of the Department
of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or
type of worker needed to execute this Contract will be on file in, and available at, City Hall at
130 Avram Avenue, Rohnert Park, CA 94928.
Contractor must post at the work site, or if there is no regular work site then at its principal
office, for the duration of the Contract, a copy of the determination by the Director of the
Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor
Code § 1773.2.)
Contractor, and any subcontractor engaged by Contractor, may pay not less than the
specified prevailing rate of per diem wages to all workers employed in the execution of the
contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code
section 1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section
1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the
execution of the Contract by Contractor or any subcontractor for each calendar day, or portion
thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable
to pay the difference between the prevailing wage rates and the amount paid to each worker for
each calendar day, or portion thereof, for which each worker was paid less than the prevailing
wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing
properly registered apprentices in the execution of the Contract. Contractor is responsible for
compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute
requires that contractors and subcontractors must submit contract award information to the
applicable joint apprenticeship committee, must employ apprentices in apprenticeable
occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor
Reso Exhibit A
performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to
the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council,
and that contractors and subcontractors must not discriminate among otherwise qualified
employees as apprentices solely on the ground of sex, race, religion, creed, national origin,
ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training
under apprenticeship standards and who have written apprentice contracts, may be employed on
public works in apprenticeable occupations.
With each application for payment, Contractor shall also deliver certified payrolls to
Owner as set forth above in these General Conditions, and concurrently therewith (but in no
event less frequently than monthly) directly to the Labor Commissioner in the format prescribed
by the Labor Commissioner.
If federal funds are used to pay for the Work, Contractor and any subcontractor agree to
comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40
USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work
Hours and Safety Standards Act (40 USC § 327 and following).
7. Hours of Labor: Contractor acknowledges that under California Labor Code
sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will
forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this
Contract by Contractor or any subcontractor for each calendar day during which such worker is
required or permitted to work more than eight hours in any one calendar day and 40 hours in any
one calendar week in violation of the provisions of Labor Code section 1810.
8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter
1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices
by the Contractor or any Subcontractor under him.
Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen
in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship program in that trade for a
certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will
be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases
must not be less than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship committee
has exceeded an average of 15 percent in the 90 days prior to the request for
certificate, or
B. When the number of apprentices in training in that area exceeds a ratio of one to
five, or
C. When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
D. When the assignment of an apprentice to any work performed under a public works
Contract would create a condition which would jeopardize his life or the life, safety,
or property of fellow employees or the public at large, or if the specified task to
which the apprentice is to be assigned is of such a nature that training cannot be
Reso Exhibit A
provided by a journeyman, or
E. When the Contractor provides evidence that he employs registered apprentices on
all of his Contracts on an annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds established for the administration
of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable
trade on such Contracts and if other Contractors on the public works site are making such
contributions.
The Contractor and any Subcontractor under him must comply with the requirements of
Section 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements
may be obtained from the Director of Industrial Relations, ex officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and
its branch offices.
9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code,
which reads as follows:
"A contractor must not discriminate in the employment of persons upon public works on
any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are
defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided
in Section 12940 of the Government Code. Every contractor for public works who violates this
section is subject to all the penalties imposed for a violation of this chapter. "
10. Workmen's Compensation Insurance: In accordance with the provisions of Article
5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4
(commencing with Section 3700) of the Labor Code of the State of California, the Contractor is
required to secure the payment of compensation to his employees and must for that purpose obtain
and keep in effect adequate Workmen's Compensation Insurance.
The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code
which requires every employer to be insured against liability for workmen's compensation or to
undertake self-insurance in accordance with the provisions of that Code, and will comply with such
provisions before commencing the performance of the work of this contract.
11. Indemnity and Insurance: To the fullest extent permitted by law (including without
limitation California Civil Code Section 2782), Contractor must indemnify, hold harmless, release
and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from
and against any and all actions, claims, demands, damages, disability, losses, expenses including,
but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be
asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor’s
activities hereunder, including the activities of other persons employed or utilized by Contractor
including subcontractors hired by the Contractor in the performance of this Agreement excepting
liabilities due to the sole negligence, intentional misconduct or active negligence of the City. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable by or for Contractor under Worker's Compensation, disability or
Reso Exhibit A
other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by Contractor and must continue to bind the parties after termination/completion of this
Agreement.
Contractor shall procure and maintain throughout the time for performance of the work
under this Contract the insurance required by the Special Provisions. The requirement that
Contractor procure and maintain insurance shall in no way be construed to limit the Contractor’s
duty to indemnify City as provided in the paragraph above.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
12. City Right of Termination and Right to Complete the Work. The City may
terminate the Contract when conditions encountered during the work make it impossible or
impracticable to proceed, or when the City is prevented from proceeding with the Contract by
act of God, by law, or by official action of a public authority. In addition, the occurrence of any
of the following is a default by Contractor under this Contract:
A. Contractor refuses or fails to prosecute the Work or any part thereof with
such diligence as will insure its completion within the time specified or
any permitted extension.
B. Contractor fails to complete the Work on time.
C. Contractor is adjudged bankrupt, or makes a general assignment for the
benefit of creditors, or a receiver is appointed on account of Contractor’s
insolvency.
D. Contractor fails to supply enough properly skilled workers or proper
materials to complete the Work in the time specified.
E. Contractor fails to make prompt payment to any subcontractor or for
material or labor.
F. Contractor fails to abide by any applicable laws, ordinances or
instructions of City in performing the Work.
G. Contractor breaches or fails to perform any obligation or duty under the
Contract.
Upon the occurrence of a default by Contractor, the Director will serve a written notice
of default on Contractor specifying the nature of the default and the steps needed to correct the
default. Unless Contractor cures the default within 10 days after the service of such notice, or
satisfactory arrangements acceptable to City for the correction or elimination of such default are
made, as determined by City, City may thereafter terminate this Contract by serving written
notice on Contractor. In such case, Contractor will not be entitled to receive any further payment,
except for Work actually completed prior to such termination in accordance with the provisions
of the Contract Documents.
In event of any such termination, City will also immediately serve written notice of the
termination upon Contractor’s surety. The surety will have the right to take over and perform
pursuant to this Contract; provided, however, that if the surety does not give City written notice
of its intention to take over and perform this Contract within five days after service of the notice
of termination or does not commence performance within 10 days from the date of such notice,
City may take over the Work and prosecute the same to completion by contract or by any other
Reso Exhibit A
method it may deem advisable for the account and at the expense of Contractor. Contractor and
the surety will be liable to City for any and all excess costs or other damages incurred by City in
completing the Work.
If City takes over the Work as provided in this Section, City may, without liability for so
doing, take possession of, and utilize in completing the Work, such materials, appliances, plant,
and other property belonging to Contractor as may be on the site of the Work and necessary for
the completion of the Work.
13. Substitution of Securities for Withheld Amounts: Pursuant to California Public
Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public
agency to ensure performance under a contract. At the request and sole expense of the Contractor,
securities equivalent to the amount withheld must be deposited with the public agency, or with a
state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor
upon satisfactory completion of the contract.
Securities eligible for substitution under this section must include those listed in the
California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit.
The Contractor must be the beneficial owner of any securities substituted for moneys withheld and
must receive any interest thereon.
Alternatively, the Contractor may request and the City shall make payment of
retentions earned directly to the escrow agent at the expense of the Contractor. At the expense
of the Contractor, the Contractor may direct the investment of the payments into securities and
the Contractor shall receive the interest earned on the investments upon the same terms
provided for in Section 22300 for securities deposited by the Contractor. Upon satisfactory
completion of the Contract, the Contractor shall receive from the escrow agent all securities,
interest, and payments received by the escrow agent from the City, pursuant to the terms of this
section.
Any escrow agreement entered into pursuant to this section must contain as a minimum the
following provisions:
a. The amount of securities to be deposited;
b. The terms and conditions of conversion to cash in case of the default of the
Contractor; and
c. The termination of the escrow upon completion of the contract.
14. General Provisions
A. Authority to Execute. Each Party represents and warrants that all
necessary action has been taken by such Party to authorize the undersigned to execute this
Contract and to bind it to the performance of its obligations.
B. Assignment. Contractor may not assign this Contract without the prior
written consent of City, which consent may be withheld in City’s sole discretion since the
experience and qualifications of Contractor were material considerations for this Contract.
C. Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
Reso Exhibit A
D. Integrated Contract. This Contract, including the Contract Documents, is
the entire, complete, final and exclusive expression of the Parties with respect to the Work to be
performed under this Contract and supersedes all other agreements or understandings, whether
oral or written, between Contractor and City prior to the execution of this Contract.
E. Modification of Contract. No amendment to or modification of this
Contract will be valid unless made in writing and approved by Contractor and by the City
Council or City Manager, as applicable. The Parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver will be void.
F. Counterparts, Facsimile or other Electronic Signatures. This Contract
may be executed in several counterparts, each of which will be deemed an original, and all of
which, when taken together, constitute one and the same instrument. Amendments to this
Contract will be considered executed when the signature of a party is delivered by facsimile or
other electronic transmission. Such facsimile or other electronic signature will have the same
effect as an original signature.
G. Waiver. Waiver by any Party of any term, condition, or covenant of this
Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any
Party of any breach of the provisions of this Contract will not constitute a waiver of any other
provision, or a waiver of any subsequent breach or violation of any provision of this Contract.
Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of
the provisions of this Contract.
H. Interpretation. This Contract will be interpreted, construed and governed
according to the laws of the State of California. Each party has had the opportunity to review
this Contract with legal counsel. The Contract will be construed simply, as a whole, and in
accordance with its fair meaning. It will not be interpreted strictly for or against either party.
I. Severability. If any term, condition or covenant of this Contract is
declared or determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Contract will not be affected and the Contract
will be read and construed without the invalid, void or unenforceable provision.
J. Venue. In the event of litigation between the parties, venue in state trial
courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue
will be in the Northern District of California.
Reso Exhibit A
IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be
executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the
day and year first above written.
CITY OF ROHNERT PARK MAGGIORA & GHILOTTI, INC.
___________________________________ _________________________________
City Manager Date Name: Date
Per Resolution No. 2019-_____ adopted by the Rohnert Park Title:
City Council at its meeting of November 12, 2019.
ATTEST: APPROVED AS TO FORM:
____________________________________ _____________________________
City Clerk City Attorney
AMENDMENT 1 TO TASK ORDER 2019-01
CITY OF ROHNERT PARK
AND
BRELJE & RACE, CONSULTING CIVIL ENGINEERS
AUTHORIZATION OF ADDITIONAL DESIGN AND ON-SITE CONSTRUCTION
MANAGEMENT SERVICES FOR THE SOUTH EAST WATER LINE
REPLACEMENT PROJECT
SECTION 1 – PURPOSE
The purpose of this Amendment is to authorize and direct Brelje & Race 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 Brelje & Race ("Consultant") hereto approved by Council on
February 23, 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 additional cost for additional services as set forth in SECTION 2 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 seven thousand one hundred
dollars and no cents ($27,100).
Total compensation under this task order with this amendment shall not exceed one hundred fifteen
thousand five hundred dollars and no cents ($115,500).
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 of this Task Order shall be completed by June 2020 or as extended in
writing by the City Engineer.
SECTION 5 – ITEMS AND CONDITIONS
All terms 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 ____________, day of ___________________, 2019.
CITY OF ROHNERT PARK Brelje & Race
____________________________
Darrin Jenkins, City Manager (Date) Name: (Date)
Title:
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
City Clerk City Attorney
AMENDMENT PROPOSAL
EXTRA SERVICES & CONSTRUCTION SERVICES
SOUTHEAST AREA WATERMAIN IMPROVEMENTS
Prepared For
CITY OF ROHNERT PARK (Client)
Prepared By
BRELJE & RACE ENGINEERS (Consultant)
October 30, 2019
PROJECT UNDERSTANDING
Brelje & Race was retained by the City to prepare construction documents for the Southeast Area
Water Main Improvements (Project No. 2018-06) under Task Order 2019-01. The scope of
services included surveying and design for final construction documents and some assistance
during the bidding phase. City requested changes to the design were prepared after the 100%
completed documents had been submitted, leading to a budget overrun for the extra services.
In addition to the extra services performed during design, Brelje & Race proposes to provide
construction services such as responding to RFIs, submittal reviews and attend selected field
meetings as requested during project construction. This proposal combines both tasks as an
amendment to the original scope of services.
A detailed description of the individual tasks either already performed or to be performed by Brelje
& Race staff for the construction related services are provided following.
SCOPE OF SERVICES
Extra Services – Design
The following tasks were performed near the end of the design phase in order to make changes
from the originally planned scope of design. As the original scope of design had been completed,
these services were outside of the originally proposed scope of services.
1. Prepare Plan Changes to Keep 8-inch Main in Camino Colegio
Revise plan and profile drawings to show connection from new 12-inch water main to existing
8-inch main. Revise details and paving plans to accommodate changes.
2. Prepare Plan Changes for a Revised Communications Scheme
Revise and update plan sheets as required to accommodate change in telecommunications
plan. Add details for radio telemetry cabinet with antenna and solar panel.
3. Research and Develop New Standard for Waterline Crossing Under Sewer Mains
Page 2 of 2
Prepare a new standard detail conforming to State Standards for water mains crossing under
sewer and storm drain facilities. Add to plans. (Removed from plans with Addendum 1
changes).
4. Revise and Update Specifications Sections and Bid Item Descriptions
Add new specifications section for radio telemetry equipment. Revise Bid Item descriptions
section to account for all plan changes.
5. Conduct Additional Hydraulic Modeling in Support of Piping Changes
Conduct hydraulic modeling at City’s request to determine 12-inch mains would adequately
replace previously planned water storage tank. Check flows with 8-inch parallel line now
included.
6. Revise Bid Schedule and Update Engineer’s Estimate of Costs
Updated Bid Schedule and project description for Notice to Bidders. Update Engineer’s
estimate of costs after including all plan changes.
7. Attend Changes Review Meeting (On-Site)
Meet with City staff and the Electrical Engineer on site to review telecommunications options
and to determine preferred plan to implement.
Construction Services
Brelje & Race will perform the following tasks for the City throughout the duration of the project.
Construction work is anticipated to require approximately 16 weeks.
1. Preconstruction Meeting
Attend the pre-construction meeting..
2. Progress Meetings
Attend selected weekly progress meetings as requested. Four (4) meetings are anticipated and
will be attended by B&R staff.
3. Requests for Information and Clarification (RFIs/RFCs)
Prepare responses to Requests for Information (RFIs) and Requests for Clarifications (RFCs).
4. Submittal and Shop Drawing Reviews
Review submittals and shop drawings forwarded by the construction manager.
FEE
Our fees for these services will be billed monthly on a time and expenses basis, and our stated fee
will not be exceeded without prior written approval from the City. The extra services during design
hours have already been expended, and the additionally requested budget to cover that work is
$13,000.00. The recommended budget for the providing construction services is $14,100.00. The
combined requested amendment to our existing budget is $27,100. The fee is based on the attached
Task, Work Hour and Cost Tabulation. The rates used for the tabulation were taken from our
current Schedule of Rates (copy attached.)
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Page A-5
SERVICES RATE SCHEDULE
EFFECTIVE MARCH 1, 2019
PROFESSIONAL SERVICES
Senior Principal ................................................................................................................ $215.00/hour
Senior Project Advisor ..................................................................................................... 200.00/hour
Associate Principal ............................................................................................................ 192.00/hour
Associate ............................................................................................................................. 180.00/hour
Senior Engineer ................................................................................................................. 180.00/hour
Engineer .............................................................................................................................. 160.00/hour
Engineering Technician .................................................................................................... 136.00/hour
Senior Planner .................................................................................................................... 165.00/hour
Planner ................................................................................................................................ 130.00/hour
Senior Surveyor .................................................................................................................. 165.00/hour
Surveyor .............................................................................................................................. 150.00/hour
Survey Technician ............................................................................................................. 130.00/hour
CAD Technician ................................................................................................................ 130.00/hour
Construction Engineer ..................................................................................................... 152.00/hour
Construction Technician 2 ............................................................................................... 140.00/hour
Construction Technician 1 ............................................................................................... 120.00/hour
Technical Writer .................................................................................................................. 95.00/hour
EXPERT WITNESS & MEDIATION SERVICES $500.00/hour
FIELD SURVEYING
One-man Party $190.00/hour
(Including Survey Equipment & Vehicle)
Two-man Party $245.00/hour
(Including Survey Equipment & Vehicle)
Three-man Party $310.00/hour
(Including Survey Equipment & Vehicle)
CLERICAL SERVICES $75.00/hour
OUTSIDE CONSULTANTS Cost + 10% Handling Charge
OUTSIDE PLOTTING AND REPRODUCTION Cost + 10% Handling Charge
IN-HOUSE PLOTTING
Vellum or Bond $8.00/sheet
Mylar 20.00/sheet
Note
Brelje & Race does not charge separately for many of the expenses that are traditionally recouped from the Client as
“reimbursable”. The hourly rates listed above are inclusive of all expenses for vehicle mileage, surveying materials,
incidental copying services and computer hardware, software and other information technology costs.