2020/07/28 City Council Resolution 2020-073 RESOLUTION NO. 2020-073
A RESOLUTION FINDING THE INTERCEPTOR OUTFALL PHASE 2
PROJECT (PROJECT 2018-28)EXEMPT FROM CEQA PURSUANT TO
CEQA GUIDELINES SECTION 15301 AND 15302,APPROVING THE PLANS
AND SPECIFICATIONS , AWARDING THE CONSTRUCTION CONTRACT
TO INSITUFORM TECHNOLOGIES,LLC,APPROVING TASK ORDER NO.
2020-04 FOR CONSTRUCTION MANAGEMENT SERVICES WITH BRELJE
& RACE CONSULTING ENGINEERS,AND APPROVING A BUDGET
AMENDMENT FOR THE PROJECT
WHEREAS, the Interceptor Outfall Phase 2 Project(Project 2018-28) seeks to clean and
line approximately 2,900 feet of existing 24-inch sewer force main and manholes, located adjacent to
the Laguna de Santa Rosa between Stony Point Road and the Santa Rosa Subregional Water
Reclamation Plant over property primarily owned by the Sonoma County Water Agency; and
WHEREAS, the plans and specifications for the project were prepared by GHD In. and
approved by the Deputy City Engineer; and
WHEREAS, consistent with the Public Contract Code, an invitation for bids was
posted/published on May 22, 2020 for the project; and
WHEREAS,two bids were received on the bid opening date of June 25, 2020; and
WHEREAS,after questions were raised about bidder Lamassu Utility Services, Inc.,
Lamassu withdrew its bid for the project; and
WHEREAS, Development Services staff determined that Insituform Technologies, LLC,
with a bid in the amount of$1,186,728.00, is the lowest qualified, responsive and responsible
bidder; and
WHEREAS, staff does not have the capacity to provide construction management
services for Project 2018-28; and
WHEREAS, in accordance with City's purchasing policy, staff secured proposals and
determined that Brelje & Race Consulting Engineers is the most qualified firm to perform these
services; and
WHEREAS,GHD prepared a CEQA Review Memo dated April 21, 2020, which
concluded that the project is categorically exempt from CEQA pursuant to CEQA Guidelines
Sections 15301 and 15302 and that none of the exceptions in Section 15300.2 apply(the"CEQA
Review Memo");and
WHEREAS, staff anticipates the need for an additional $53,190 in budget to cover the
costs of the construction contract, consultant services, and staff and legal services necessary to
complete the project.
NOW,THEREFORE the City Council of the City of Rohnert Park does hereby resolve,
determine, find and order as follows:
1. The above recitals are true and correct and material to this Resolution.
2. On the basis of the entire record, including the staff report, the CEQA Review Memo,
and all oral and written comment, the City Council determines that the Interceptor Outfall
Phase 2 Project(Project Number 2018-28) is categorically exempt from CEQA pursuant
to CEQA Guidelines section 15301 and 15302 and that none of the exceptions in CEQA
Guidelines Section 15300.2 apply, as this project consists of repair of existing public
utility infrastructure, with negligible or no expansion of existing use, and directs staff to
file a notice of exemption with the Clerk-Recorder's Office for the County of Sonoma.
3. The plans and specifications for the Interceptor Outfall Phase 2 Project (Project Number
2018-28), 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 Insituform
Technologies, LLC for the Project to be the lowest, responsive, responsible 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
Insituform Technologies, LLC in substantially similar form to Exhibit A, which is
attached hereto and incorporated by this reference, for the sum of one million one
hundred eighty-six thousand seven hundred twenty-eight dollars and zero cents
($1,186,728.00) for construction of the Project in accordance with the bid documents and
applicable law upon submission by Insituform Technologies, LLC 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 one hundred eighteen thousand six hundred twenty-two
dollars and eighty cents($118,675.00).
8. City staff is hereby directed to issue a Notice of Award to Insituform Technologies, LLC
for this project.
9. The City Manager is hereby authorized and directed to execute Task order 2020-04 with
Brelje & Race Consulting Engineers insubstantially similar form to Exhibit B, which is
attached hereto and incorporated by this reference, for the sum of one hundred fifty-two
thousand seven hundred ninety dollars and zero cents ($152,790.00).
10. The Finance director is authorized to increase appropriations and transfer monies from
the Sewer Operations Fund (510)to the Project in the amount of$53,190.00.
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.
Resolution 2020-073
2
BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to take
any and all actions necessary to record the transaction in accordance with generally accepted
accounting principles(GAAP).
DULY AND REGULARLY ADOPTED this 28th day of July, 2020.
CITY OF ROHNE T PARK
ATTEST: Joseph . Callin n, Mayor
Sylvia Lopez C evas, Acting City Clerk
Attachments: Exhibit A, Exhibit B
ADAMS: MACKENZIE: STAFFORD: CALLINAN: BELFORTE:JI b�
AYES: ( tot) NOES: ( SENT: ( I ) ABS IN: ( 0 )
Resolution 2020-073
3
Exhibit A
The Interceptor Outfall Phase 2 Project (2018-28) page 1
C O N T R A C T
THE 2019 INTERCEPTOR OUTFALL PHASE 2
PROJECT NO. 2018-28
THIS AGREEMENT, made and entered into this _____ day of______________, 20___, by and
between _____________________, 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 _________________________, 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 one-hundred and twenty (120) 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 FIVE HUNDRED DOLLARS ($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 $1,186,728.00.
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
f) Payment Bond
g) Special Provisions
Exhibit A
The Interceptor Outfall Phase 2 Project (2018-28) page 2
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 (most current 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, the City Office located 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 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.
Exhibit A
The Interceptor Outfall Phase 2 Project (2018-28) page 3
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 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
Exhibit A
The Interceptor Outfall Phase 2 Project (2018-28) page 4
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 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
Exhibit A
The Interceptor Outfall Phase 2 Project (2018-28) page 5
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 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
Exhibit A
The Interceptor Outfall Phase 2 Project (2018-28) page 6
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.
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.
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.
Exhibit A
The Interceptor Outfall Phase 2 Project (2018-28) page 7
CITY OF ROHNERT PARK Insituform Technologies, LLC
____________________________________
City Manager Date Name/Title Date
Per Resolution No. ____________ adopted by the Rohnert Park
City Council at its meeting of ___________________________
ATTEST: APPROVED AS TO FORM:
____________________________________
City Clerk City Attorney
BRELJE & RACE TASK ORDER NO. 2020-04
CITY OF ROHNERT PARK
AND
BRELJE & RACE
AUTHORIZATION TO PROVIDE CONSTRUCTION SERVICES FOR THE 2019 INTERCEPTOR
OUTFALL PHASE 2, PROJECT 2018-28
SECTION 1 – PURPOSE
The purpose of this Task Order 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 dated March 1, 2016.
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services.
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 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 Exhibit “B” in an amount not-to-exceed one-hundred fifty-two
thousand seven-hundred ninety dollars ($152,790).
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by December 31, 2020, or as extended by the City
Manager or the Director of Development Services or his/her designee.
SECTION 5 – ITEMS AND CONDITIONS
All items and conditions contained in the MASTER AGREEMENT for consultant services between City
and Consultant are incorporated by reference.
Approved this ______ day of _________, 2020.
CITY OF ROHNERT PARK BRELJE & RACE
____________________________
Darrin Jenkins, City Manager (Date) Name: (Date)
Title:
Per Resolution No. 2020-____ adopted by the
Rohnert Park City Council at its meeting
of ____________, 2020.
ATTEST: APPROVED AS TO FORM:
____________________________
City Clerk City Attorney
Task Order Page 1
5570 Skylane Blvd. • Santa Rosa, CA 95403 • v: 707-576-1322 • f: 707-576-0469 • www.brce.com
Proposal for Construction Management Services
City of Rohnert Park Interceptor Outfall
Phase 2
Page 8
PROJECT WORK PLAN
Brelje & Race’s work during the construction phase of the project will consist of a comprehensive range
of services to provide the City with the highest level of assurance that the project is being conducted in a
manner that is safe, minimizes complaints, results in a properly performing fi nished product conforming
to the construction contract documents, and minimizes the City’s exposure to risk and cost overruns.
This comprehensive range of services is understood to include Contract Administration, Construction
Management, Field Inspection, Environmental Monitoring and Compliance and Geotechnical Observation
and Testing.
The RFQ listed the services to be provided by the
Construction Manager. The services have been broken
down by task, below. Additional commentary is included for
some of the tasks where merited, and a few items have been
added to more completely convey our general full-service
approach to construction management. The Task, Work
Hours and Costs Tabulation worksheet included herein
corresponds to the anticipated tasks.
Task 1.01 Pre-Construction Meetings & Coordination
Conduct the pre-construction coordination meetings
with City staff and the Pre-construction meeting with the
contractor at the start of the construction work. Invite
the key people to the Pre-Con meeting including City staff,
the design engineer, contractor, and major subcontractors.
Prepare agenda and minutes for all meetings. The
preconstruction meeting to include a discussion of all items
pertinent to the successful performance by the contractor.
Our approach to organizing pre-construction meetings
is intended to result in all parties to the project being
appropriately represented. Discussions during the meeting
will establish a clear understanding of communication
protocols through the construction manager and the
responsibilities of all parties for the duration of the project.
This is also the time to point out any irregular or non-
standard work items, permitting requirements, sequence of
work and expectations regarding the contractor’s field and
office support performance.
Task 1.02 Progress Meetings
Conduct and document progress meetings and other special
technical meetings on a weekly or bi-weekly basis. Prepare
and distribute agenda describing key issues, schedule status,
potential change orders. Prepare and distribute minutes
of the meetings. Up to six (6) progress meetings are
anticipated.
Task 1.03 Schedule Management and Compliance
Monitoring Coordination
Review contractor’s initial schedule and look ahead
schedules for reasonableness of activity duration and
sequence and for conformance with the contract
Bid, Contract and Construction Assistance
Summary of Project Tasks
Task 1.01 Pre-Construction Meeting
Task 1.02 Project Meetings
Task 1.03 Schedule Management
Task 1.04 Maintain Project Records
Task 1.05 Prepare Monthly Reports
Task 1.06 Review Monthly Progress
Payments
Task 1.07 RFIs and RFCs
Task 1.08 Change Orders
Task 1.09 Review Submittals and Shop
Drawings
Task 1.10 Permit Compliance
Task 1.11 Monitor Record Drawings
Task 1.12 Claims Management
Task 1.13 Field Inspection
Task 1.14 Photo/Video Documentation
Task 1.15 Field Changes
Task 1.16 Inspection Reports
Task 1.17 Geotechnical Observation
Task 1.18 Substantial Completion/Punch
List
Task 1.19 Project Documents
Task 1.20 Notice of Completion
Task 1.21 Environmental Compliance
Task 1.22 Public Relations
Task Order Page 2
5570 Skylane Blvd. • Santa Rosa, CA 95403 • v: 707-576-1322 • f: 707-576-0469 • www.brce.com
Proposal for Construction Management Services
City of Rohnert Park Interceptor Outfall
Phase 2
Page 9
requirements. Coordinate reviews by the City and the design engineer and transmit comments to the
contractor. Meet with the contractor to discuss and clarify any signifi cant issues. Compare work progress
to the provided schedules and notify contractor of schedule slippage. Schedule compliance activities for
subconsultants based on contractor’s planned activities. Brelje & Race feels it is important to require the
Contractor to produce a 2-week “look-ahead” schedule for every progress meeting as a means to keep the
overall project schedule current.
Task 1.04 Maintain Project Records
Maintain project records including submittals log, RFI logs, inspection reports, compliance testing
results, photos, inspection videos, measurement of quantities, permits, meeting minutes, schedules and
correspondence.
Task 1.05 Prepare Weekly Reports
Prepare and submit to the City a weekly project status report including construction progress summary,
construction cash flow and payments, and summary logs for any proposed change orders (PCO’s) and
change orders. Reports to be provided via email to the City’s project manager, ensuring that s/he is kept fully
informed and records are incorporated in a timely and accurate manner.
Task 1.06 Review Monthly Progress Payments
Evaluate the monthly progress payment requests from the Contractor, monitor certifi ed payrolls with each
request, negotiate differences over payment, and recommend payment to the City. At the beginning of
the project, Brelje & Race will review the Contractor’s bid schedule and lump sum schedule of values for
accuracy, which will then be used to establish a budget tracking spreadsheet. Progress payment requests
submitted are reviewed initially by the fi eld inspector and then forwarded to the Construction Manager for
further review, review of certifi ed payrolls, and to check against the budget spreadsheet. When satisfi ed, the
progress payment will be forwarded to the City with recommendation for payment.
Task 1.07 Coordinate Responses to Requests for Information/Interpretation/Clarification
Coordinate and manage the RFI and RFC evaluation and response process. We will maintain a log, transmit
to the design engineer for response, coordinate with design engineer, track progress, review responses, and
transmit responses to the contractor in a timely manner.
Task 1.08 Manage Potential Change Orders and Change Orders
Coordinate and manage the change orders process. We will log, send to design engineer and/or City, review
in conjunction with design engineer and City, assist with determination of changed conditions and scope,
assist with negotiations, prepare (as necessary) and incorporate change orders into the construction contract.
It is vital that PCOs, Change Orders and Force Account work be evaluated, negotiated, and finalized for
accurate determination and tracking of the costs involved. We also encourage the Contractor to prepare extra
work requests immediately and submit with each monthly progress payment request in order that accurate
project accounting and budget status stays up-to-date.
Task 1.09 Coordinate Submittal and Shop Drawing Review Process
Coordinate and manage the submittal/shop drawing review process. We will log, transmit to design engineer
for review and response, track progress, review responses, and transmit responses to contractor. As time is of
the essence, every effort will be made to turn all submittals around within 1 week.
Task 1.10 Permit Compliance
Monitor Contractor compliance with construction permits, revocable licenses and CEQA mitigation
measures. Coordinate with design engineer and outside agencies as necessary for compliance. Recommend
course of action to City if required measures are not being met by the Contractor.
Task Order Page 3
5570 Skylane Blvd. • Santa Rosa, CA 95403 • v: 707-576-1322 • f: 707-576-0469 • www.brce.com
Proposal for Construction Management Services
City of Rohnert Park Interceptor Outfall
Phase 2
Page 10
Task 1.11 Construction Record Drawings
Monitor construction record drawings maintained by the Contractor and fi eld inspector on a regular basis.
Provide red-lined drawings to design engineer upon project completion for accurate creation of project
Record Drawings.
Task 1.12 Claims Management
For any disputes between City and Contractor, we will analyze the basis for potential claims for legitimacy,
and assist with determination of appropriate additional compensation, as appropriate, for during the
construction period. Perform claims administration, including coordination and monitoring claim
submission, response preparation and timing, logging claims, and tracking claims status.
Task 1.13 Field Inspection
Provide daily, full-time construction inspection for quality assurance and monitor the Contractor’s work for
compliance with the contract documents, site safety, permit compliance, and schedule. Field inspections will
be coordinated with the contractor on a daily basis.
Task 1.14 Photograph or Video Documentation
Prepare video and/or photo documentation of initial site conditions prior to Contractor’s commencement
of construction. Take additional photos of construction progress for record keeping. Construction progress
photos will carry date stamps for easy cross-reference with daily inspection reports.
Task 1.15 Field Changes
Document field changes to the Drawings and Specifications. Prepare Red-lines for later record drawings
preparation.
Task 1.16 Inspection Reports
Prepare Daily Inspection Reports by the fi eld inspector. Brelje & Race utilizes standardized, in-house
developed forms for Daily Inspection Reports and Weekly Working Days Statements to aid efficient
recordkeeping. Construction Manager will review daily reports for accuracy and quality assurance purposes.
Task 1.17 Geotechnical Observation
Brelje & Race will subcontract with RGH, Inc. for geotechnical observation and materials testing services,
as necessary. Brelje & Race’s fi eld inspector, in coordination with the Contractor, will schedule fi eld visits by
RGH primarily for monitoring and compaction testing of the access pits. Three (3) pits are anticipated.
Task 1.18 Substantial Completion and Punch List
Upon contractor’s request, schedule a project review with contractor, City and design engineer for
determination of substantial completion. Prepare and issue fi nal punch list after project review. Monitor
progress and inform City of fi nal completion.
Task 1.19 Project Documents
Upon project completion, we will provide the City with all records from the project (dailies, photos, logs,
etc.), indexed and properly filed, with a listing of warranties provided under the contract, the items covered
and the warranty duration. Brelje & Race will prepare a set of clean redline plans that consolidates field set
mark-ups. Contractor’s mark-ups and Brelje & Race’s redlines will be provided to the design engineer for
completion of the record drawings.
Task 1.20 Notice of Completion
After fi nal completion, the final pay estimate and any balancing change orders will be prepared with
recommendation to pay the contractor. Following approval of fi nal payment, prepare the Notice of
Completion for City to fi le. Ensure liens have cleared and coordinate retention release.
Task Order Page 4
5570 Skylane Blvd. • Santa Rosa, CA 95403 • v: 707-576-1322 • f: 707-576-0469 • www.brce.com
Proposal for Construction Management Services
City of Rohnert Park Interceptor Outfall
Phase 2
Page 11
Task 1.21 Environmental Compliance Monitoring/Nesting Bird Survey
Brelje & Race will subcontract with Sol Ecolog y for all environmental monitoring activities. It is anticipated
that Sol Ecology biologists or ecologists will be on-site daily whenever access pits are open, and will monitor
for California Tiger Salamander (CTS) intrusion. Any necessary nesting bird surveys will also be conducted
with a report of recommended actions to mitigate against disturbances, as possible. Wetlands that may be
impacted by pit excavations will be delineated in the field so the contractor can avoid any disturbing activities
that might require a permit. Or that may be required under a permit.
Task 1.22 Community Outreach and Communications
Initial notifications to locally affected homes and businesses will be prepared and delivered by Brelje & Race.
All notifi cations will be submitted to the City prior to distribution for review and approval. Notices will be
hand-delivered by our fi eld inspector so that the business/property owner will have a chance to meet our
inspector. Generally, it has been our experience that one-on-one meetings are more personable, and the
property owner is more likely to be comfortable reaching out again to our inspector should any problems
arise.
We will also ensure that Contractor provides required public notifications of construction activity via
postings or door hangers. Brelje & Race will act as the primary contact for the public during construction,
maintain a log of all meetings, calls and complaints including the name and address of the complainant, date
and nature of complaint, date the Contractor was notified and the action taken (with date) to resolve the
problem if possible.
Task Order Page 5
5570 Skylane Blvd. • Santa Rosa, CA 95403 • v: 707-576-1322 • f: 707-576-0469 • www.brce.com
Proposal for Construction Management Services
City of Rohnert Park Interceptor Outfall
Phase 2
Page 12
PROJECT SCHEDULE, COST ASSUMPTIONS &
LIMITATIONS
Construction Management will begin as soon at the contract is awarded. The RFQ indicates contract
award in the June/July time frame. Assuming early July, and 15 working days for the contractor and City
to complete the contract paperwork, the contractor would begin near the end of July or early August.
Submittals and pre-installation pipe condition videos would commence fi rst, followed by actual fi eld work
upon approval of submittals and ordering of materials. Therefore, it is likely ground disturbing activity
would not begin until at least late August, and more likely early September. The preconstruction conference,
and area resident notifi cations, and the ground work for obtaining a revocable license from the Water Agency
could be initiated and conducted immediately after the contract award.
The contract allows for 120 calendar days to complete the work, which would mean an end date of around
late November. The actual installation work is likely to take between three to four weeks. There may be gaps
between when the lining crews and the manhole coating crews perform their work. But altogether, it is likely
that 20 to 30 days of fi eld work will occur and for which inspection will be needed. We have assumed 30 days
of full-time inspection, plus 20 days of ½ time inspection for other activities such as providing notifi cations,
monitoring pre and post videos, punch lists, etc. If the project goes smoothly and effi ciently, fewer days may
be needed.
Geotechnical inspection will only be needed for the days when the bore pits are being backfi lled and
compacted, plus a little time for the geotechnical technician to collect samples from each pit for determining
a compaction curve. We have assumed three pits, so three days of geotechnical inspection plus lab work.
Monitoring for nesting birds only needs to occur for work prior to August 1st. Given the expected schedule,
the nesting bird survey may not be necessary. Other environmental compliance work will include a preview
of the working site for wetlands or other sensitive areas determination and demarcation so the contractor
may avoid those areas, and daily checks of the bore pits to ensure no CTS intrusions have occurred. The
biologist will also be on site for excavation to ensure compliance with environmental requirements. Total
days for monitoring have been estimated at half-time for 15 days, plus one day for initial evaluation.
Project closeout and post construction activities will be initiated as soon as the contractor has substantially
competed his work. It is anticipated that our scope of work would conclude roughly 35 days after project
completion, as that is when liens should clear and fi nal billing for retention may be processed.
FEE INFORMATION
A Task, Work Hour and Cost Tabulation work sheet has been prepared for the anticipated Scope of Services.
Tabulation has been prepared based on the estimated time frame for completion of the project, and an
assumption based on our experience of the time necessary to devote to the specifi c project tasks. The work
sheet identifi es the specifi c project task to be performed, the individuals responsible, and their expected time
to complete the specifi ed tasks. The work sheet tabulates the total estimated fee based on our current billing
rates, which became effective on March 1, 2020. The Cost Tabulation and our 2020 Service Rate Schedule
have been included on the following pages. Assumptions and limitations for the fees proposed have also
been included immediately following the Services Rate Schedule.
Services for Construction Management (Revised May 7, 2020)
Brelje & Race proposes to complete Construction related services as outlined herein on an actual time and
materials basis with a recommended budget allowance of $152,790. This budget is based on our experience
and the expected duration for a project of this nature. Our services will be billed monthly. To account for
unforseen project delays, a project contingency of $27,750 has been added to the project total budget. The
contingency will not be used without prior, written approval by the City.
Task Order Page 6
5570 Skylane Blvd. • Santa Rosa, CA 95403 • v: 707-576-1322 • f: 707-576-0469 • www.brce.com
Proposal for Construction Management Services
City of Rohnert Park Interceptor Outfall
Phase 2
Page 13
!"#
$ % &!’
()#!%#*
%"$+" %
%, %##$
( --!*
$.%/ $-#%"!’
’!%%#$
( ""*
’#$ !’
("!00*
%/ $%-#%"!’
+1%+’"!%"
(’’,2*
#"#3% !’
+1%+’"!%"
(*
!
"#
$%&’!(#%
#)* !((
+#%#,-.-
! / /
0 1! %2*#)*
%!34
#2*
!
5!.%4
% 67#)*62
$5!
.%#%
+8 !/1)%9 4$3
1!%! :
0 "2#%!
;-%!
<)!%!6;=)($34
(/ 3$
445 6478 7 9 479
9 95 9:7 987 %;! %;!
97 9:65 977 946 97 947
1!6449
1!’%>95
(>9::7
"!’7:9
;?
%:- %!
$
+ %( 1-(@((!(1* %4*(%%)!
(*
8 !%! %)4%! (-1)-%)
<)!1!51$(-4 !-( %!)(* %(-*!!
.%- ’1%! --!*’(!9’
9 *-.%%% %!)*-%)%%!)
5!% *1 !(%"* -!!($6(--!1)
(7)
Task Order Page 7
5570 Skylane Blvd. • Santa Rosa, CA 95403 • v: 707-576-1322 • f: 707-576-0469 • www.brce.com
Proposal for Construction Management Services
City of Rohnert Park Interceptor Outfall
Phase 2
Page 14
SERVICES RATE SCHEDULE
PROFESSIONAL SERVICES
Senior Principal ................................................. .........$225.00/hour
Associate Principal ............................................. ...........210.00/hour
Senior Project Advisor ....................................... ...........200.00/hour
Associate ............................................................ ...........195.00/hour
Senior Engineer ................................................. ...........190.00/hour
Engineer ............................................................ ...........170.00/hour
Engineering Technician ..................................... ...........145.00/hour
Senior Planner ................................................... ...........175.00/hour
Planner .............................................................. ...........145.00/hour
Senior Surveyor ................................................. ...........175.00/hour
Surveyor ............................................................ ...........160.00/hour
Survey Technician .............................................. ...........140.00/hour
CAD Technician Supervisor ............................... ...........150.00/hour
CAD Technician ................................................. ...........140.00/hour
Construction Engineer ...................................... ...........160.00/hour
Construction Technician 2 ................................ ...........145.00/hour
Construction Technician 1 ................................ ...........125.00/hour
Technical Writer ................................................. ...........110.00/hour
EXPERT WITNESS & MEDIATION SERVICES................................................... $500.00/hour
FIELD SURVEYING
One-man Party ...........................................................$195.00/hour
(Including Survey Equipment & Vehicle)
Two-man Party ...........................................................$252.00/hour
(Including Survey Equipment & Vehicle)
Three-man Party ........................................................$320.00/hour
(Including Survey Equipment & Vehicle)
TYPING AND CLERICAL ....................................................................$85.00/hour
OUTSIDE CONSULTANTS ..................................................................Cost + 10%
OUTSIDE REPRODUCTION/PLOTTING .................................................Cost + 10%
Note Hourly rates are inclusive of nearly all expenses. Brelje & Race does not charge separately for expenses
that are traditionally recouped from the Client as “reimburseable”, such as mileage, surveying materials,
copies of recorded documents, and in-house reproduction and computer equipment costs.
Our engineers and inspectors turn
diffi cult projects into success stories.
Task Order Page 8
5570 Skylane Blvd. • Santa Rosa, CA 95403 • v: 707-576-1322 • f: 707-576-0469 • www.brce.com
Proposal for Construction Management Services
City of Rohnert Park Interceptor Outfall
Phase 2
Page 15
COST ASSUMPTIONS AND LIMITATIONS
With respect to geotechnical subconsultant involvement, we have assumed some geotechnical testing and
subgrade obser vations will likely be required and have established a budget of $4,500 which should be
suffi cient to include the following range of services:
Any necessary permitting fees associated with this project have not been included.
Surveying and boundary determination services are not included. Should those services become necessary, a
separate proposal for those services can be provided for the City’s consideration.
• Laboratory testing of aggregate base and fi ll materials to confi rm that the supplied
materials meet specifi ed requirements.
• Perform laboratory maximum density tests for materials.
• Geotechnical fi eld staff will be on-site to inspect subgrade prior to the installation of
backfi ll materials. Test cylinders will also be taken for any poured concrete or CLSM.
• Unstable subgrade areas will be observed by Geotechnical fi eld staff during removal and
replacement to ensure stable subgrade is established.
Task Order Page 9