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2021/03/23 City Council Resolution 2021-036 RESOLUTION NO. 2021-036 A RESOLUTION FINDING THE COUNTRY CLUB DRIVE REHABILITATION PROJECT (PROJECT 2018-34) EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15301, APPROVING THE PLANS AND SPECIFICATION, AWARDING THE CONSTRUCTION CONTRACT TO GHILOTTI CONSTRUCTION, INC. FOR $1,442, 126.00, AUTHORIZING TASK ORDER AMENDMENT 2 TO TASK ORDER 2019-01 WITH COASTLAND CIVIL ENGINEERING FOR A TOTAL AMOUNT OF $182,123.00, AUTHORIZING TASK ORDER 2021-03 FOR CONSTRUCTION MANAGEMENT SERVICES FOR A TOTAL AMOUNT OF $142,798.00, AND APPROVING A BUDGET AMENDMENT WHEREAS, in the Fiscal Year 2018-2019 Capital Improvement Program (CIP), the City Council approved the Country Club Rehabilitation Project (2018-34) (“Project”), which consists of road rehabilitation within the existing road segment and curb on each side of the road, median improvement, and pedestrian improvements from the Hinebaugh Creek bridge to Eleanor Drive; and WHEREAS, staff proceeded with design and placing the project out for public construction bidding; and WHEREAS, the plans and specifications for the Project were prepared by Coastland Civil Engineers and approved by the Deputy City Engineer; and WHEREAS, consistent with the Public Contract Code, an invitation for bids was posted and published on January 22 and January 29, 2021, for the Project; and WHEREAS, 7 sealed bids were received on the bid opening date of February 18, 2021 and were publicly opened; and WHEREAS, staff reviewed the bids and determined that Ghilotti Construction, Inc. submitted the lowest responsive and responsible bid with an amount of $1,226,806.00; and WHEREAS, staff recommends also proceeding with the additional bid alternate to add a moisture barrier within the Country Club median for $215,320: and WHEREAS, staff recommends proceeding with the bid and authorizing the City Manager change orders during construction up to 10% ($144,212.60); and WHEREAS, staff determined that GHD, Inc. is the most qualified consultant for Construction Management and Inspection services and recommends procuring their services with Task Order 2021-03 for $142,798.00; and WHEREAS, staff recommends utilizing Coastland Civil Engineering for Construction Design Services with Task Order 2019-01 Amendment 2 for a total task order amount of $182,123.00; and WHEREAS, with the additional scope of work of adding a moisture barrier in the median as well as changing pavement treatment methods, staff recommends utilizing a budget amendment from other projects that are complete with surplus budget as well as additional excess funds from the RCMA and Gas tax funding sources; and Resolution 2021-036 2 WHEREAS, the scope of work including repair of an existing roadway, minor median work, and minor sidewalk repairs with no or negligible expansion of existing use; 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 Project is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15301 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 t he Clerk-Recorder’s Office for the County of Sonoma. 3. The plans and specifications for the Project , 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 $1,442,126.00 for the Project to be the lowest, responsive bid with bid alternate 1 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 Ghilotti Construction, Inc. in substantially similar form to Exhibit A, which is attached hereto and incorporated by this reference, for the sum of one million four hundred and forty two thousand one hundred and twenty six dollars and zero cents ($1,442,126.00) for construction of the Project in accordance with the bid documents and applicable law upon submission by Ghilotti Construction, 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 one hundred and forty four thousand two hundred and sixteen dollars and sixty cents ($144,216.60). 8. City staff is hereby directed to issue a Notice of Award to Ghilotti Construction, Inc. for this project. 9. The City Manager is hereby authorized to execute a task order 2019-01 amendment 2 with Coastland Civil Engineers as shown in Exhibit B for a total task order amount of one hundred and eighty two thousand one hundred and twenty three dollars and zero cents ($182,123.00). 10. The City Manager is hereby authorized to execute a task order 2021-03 with GHD, Inc. as shown in Exhibit C for an additional amount of one hundred and forty two dollars seven hundred and ninety eight dollars and zero cents ($142,798.00). 11. The City Council authorizes the Finance to increase appropriations for the Project from the following funding sources, and approves amendments to the adopted budget to effectuate such appropriations: -$217,709.00 from RMRA funds (Fund 132) budgeted to State Farm Drive Rehab (Proj.1608) -$150,000.00 from RMRA (Fund 132) fund balance -$116,217.60 from Measure M (Fund 135) fund balance 415,668.00 from Gas Tax (Fund 130) remaining in J & G Sections paving (Proj. 1833) 12. This Resolution shall become effective immediately. 13. 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 23`d day of March, 2021. CITY O O RT PARK udic , Mayor ATTEST: Sylvia Lopez as, City Clerk Attachments: Exhibit A, B & C ADAMS: INARES• AFFORD: ELWARD: GnJDICE: AYES: ( �) OESST: ( PO) ABSEN ( �) ABS TAIN• (�) Resolution 2021-036 3 Exhibit A OAK #4839-3351-6127 v1 CONTRACT Country Club Drive Pavement Rehabilitation Project PROJECT NO. 2018-34 THIS AGREEMENT, made and entered into this _____ day of______________, 20___, by and between Ghilotti Construction Company, 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 March 23, 2021 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 Forty-Five (45) working days of that Notice. The Contractor acknowledges and agrees that t ime 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 two thousand five hundred dollars ($2,500) per calendar 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: Payment s 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 $1,442,126.00. 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 OAK #4839-3351-6127 v1 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 (2018 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 OAK #4839-3351-6127 v1 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 L abor: 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 rat io 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 off icio 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 OAK #4839-3351-6127 v1 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 Cont ract by act of God, by law, or by official action of a public authority. In addition, t he 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 OAK #4839-3351-6127 v1 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 OAK #4839-3351-6127 v1 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 OAK #4839-3351-6127 v1 CITY OF ROHNERT PARK Ghilotti Construction Company, Inc. ____________________________________ City Manager Date Name: Date Per Resolution No. ________________adopted by the Rohnert Park City Council at its meeting of March 23, 2021. Title: PROJECT DIR NUMBER: _______________ ATTEST: APPROVED AS TO FORM: ____________________________________ City Clerk City Attorney AMENDMENT 2 TO TASK ORDER NO. 2019-01 CITY OF ROHNERT PARK AND COASTLAND CIVIL ENGINEERING AUTHORIZATION OF ADDITIONAL DESIGN PHASE SUPPORT SERVICES FOR THE PAVEMENT MAINTENANCE PROJECT, PROJECT NO. 2018-34 SECTION 1 – PURPOSE The purpose of this Amendment is to authorize and direct Coastland Civil Engineering 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 Coastland Civil Engineering ("Consultant") dated March 28, 2019. SECTION 2 – SCOPE OF WORK The additional items authorized by this Amendment are presented in Exhibit “A”. 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 the 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 Exhibit “B” for an amount not-to-exceed sixteen thousand, five hundred thirty-one dollars and no cents ($16,531.00). Total compensation under this Task Order with this Amendment shall not exceed one hundred eighty-two thousand, one hundred twenty-three dollars and no cents ($182,123.00). SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 31, 2021 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 23rd day of March, 2021. CITY OF ROHNERT PARK COASTLAND CIVIL ENGINEERING _____________________________ ___________________________________ Darrin Jenkins, City Manager Name: Per Minute Order adopted by the Rohnert Park City Council at its meeting Title: of March 23, 2021. ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ City Attorney   Santa Rosa Auburn Pleasant Hill Fairfield 1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 324 Campus Lane, Ste. A Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702.1961     www.coastlandcivil.com February 4, 2021 Vanessa Garrett, Deputy City Engineer City of Rohnert Park, Development Services 130 Avram Avenue, Rohnert Park, CA 94928 Subject: Amendment No. 2 - 2019 Preventative Maintenance Project Dear Vanessa: Pursuant to your request we have prepared this amendment for additional services for the 2019 Preventative Maintenance Project. This amendment proposal covers the construction design support engineering services for Country Club Drive. Additionally, there were some out of scope items for the geotechnical investigation that are summarized below that we would like to include as part of this amendment proposal. Due to the County Club Drive rehabilitation being separated out as a second phase to the 2019 Preventative Maintenance project, additional efforts are needed to cover the construction design support services as the original contract assumed all of the street rehabilitation was going to be completed as one construction project. During the encroachment permit process for the geotechnical borings, our subconsultant RGH, experienced longer than usual timelines and coordination to obtain the encroachment permit through the City. RGH has obtained many encroachment permits for geotechnical borings in the past and typically it was a fairly short and straight forward process. For the Country Club Drive encroachment permit they was quite a bit of extra coordination and City review delays. Following the geotechnical boring and lab testing, RGH analyzed the pavement reconstruction options using the increased Traffic Index (TI) of 8 desired by the City. The original scope from RGH for the geotechnical investigation assumed looking at a few options for the pavement rehabilitation (Full Depth Reclamation (FDR), Cold In-Place Recycling (CIR) and a complete pavement section reconstruction) The increased TI of 8 and existing pavement sections did not really allow for anything short of a complete section reconstruction. Due to City budget constraints for the project construction, the thinking changed to see how we could work with the existing section to extend the pavement life and increase the TI to higher than it is now (TI = 5) but not to what the City wanted (TI=8). RGH needed to look at multiple options which ultimately led to the overlay with the grid fabric pavement rehabilitation section. Based on the above understanding of the additional services, we have prepared the following scope of work and estimated fee for your consideration. Tasks listed below are the same as our original proposal for this project and extra work is noted where required.   SCOPE OF WORK TASK 1 – MEETINGS, BACKGROUND RESEARCH, FIELD REVIEW Our subconsultant, RGH Consultants (RGH), will look at multiple pavement rehabilitation options for increasing the Traffic Index based on available budget the City has for construction. Various combinations of grind and overlay combined with placement of different pavement reinforcing fabrics will be considered and prepared for City and Coastland’s review. TASK 2 – TOPOGRAPHICAL SURVEY No additional work under this task. TASK 3 – PRELIMINARY SUBMITTAL (50%) No additional work under this task. TASK 4 – FINAL SUBMITTAL No additional work under this task. TASK 5- BID PHASE AND DESIGN SERVICES DURING CONSTRUCTION During construction, Coastland will provide design support services, which includes attendance at the preconstruction meeting, assisting the City with answering up to ten (10) Request for Information (RFI’s) and up to ten (10) submittals from the Contractor and up to two (2) site visits. Coastland will also prepare up to two (2) Contract Change Orders, if required. We will prepare Record Drawings based on red-line “as-builts” submitted by contractor. Record Drawings shall be submitted to the City in electronic format (AutoCAD and PDF). No additional effort is required for the bid phase as we have budget remaining in the contract for this work. Estimated Cost Based on our scope of work, we are proposing that the additional services associated with this project be completed for a not-to-exceed amount of $16,531. The amount quoted is assuming that all of the work for this project will fall under the scope of work as previously described. If additional work is necessary that falls outside of this scope of work, we can either re-negotiate a new scope of work or provide these services on a time and materials basis per our adopted schedule of hourly rates. The remaining budget in our current contract (approximately $2000) will be used for the bid efforts as required. We appreciate the opportunity to propose on this work for the City of Rohnert Park. Please review this information and let me know if you have questions. Sincerely, Heidi Utterback, P.E. Principal Attachment: Work Estimate Cc: file   GHD, INC. TASK ORDER NO. 2021-03 CITY OF ROHNERT PARK AND GHD, INC. AUTHORIZATION TO PROVIDE CONSTRUCTION MANAGEMENT FOR COUNTRY CLUB DRIVE PAVEMENT REHABILITATION, PROJECT NO. 2018-34 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 November 10, 2020. 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 and forty two thousand seven hundred and ninety eight dollars and no cents ($142,798.00). SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 31, 2021, 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 23rd day of March, 2021. CITY OF ROHNERT PARK GHD, INC. ____________________________ Darrin Jenkins, City Manager (Date) Name: (Date) Per Resolution No. 2021-_____ adopted by the Title: Rohnert Park City Council at its meeting of March 23, 2021. ATTEST: APPROVED AS TO FORM: ____________________________ City Clerk City Attorney GHD 2235 Mercury Way Suite 150 Santa Rosa California 95407 USA T 707 523 1010 F 707 527 8679 W www.ghd.com February 3, 2021 City of Rohnert Park Department of Public Works Attn: Vanessa Garrett, Jason Sampietro 35TVMarin@rpcity.org35T, 35Tjsampietro@rpcity.org35T 130 Avram Ave Rohnert Park, CA RE: Construction Management Services for Country Club Dr. Pavement Rehabilitation Project, RP Project# 2018-34 Dear Vanessa and Jason, We are pleased to submit the following proposal for Construction Management Services for the Country Club Dr. Pavement Rehabilitation Project. We are familiar with the project scope and site, the key personnel, and the City of Rohnert Park’s preferred management methods. At GHD we understand the importance of successfully delivering construction projects on time and on budget for our clients. We are committed to working as extended City staff as we have on several recent projects, such as the State Farm Drive Reconstruction Project and Wilfred Ave Bioswale. Our proposal is based on our understanding of the project and the need to supplement City staff resources. We recognize that the City is looking for a highly qualified consultant to provide efficient construction management services and maintain effective coordination with City staff. Background The Country Club Dr. Pavement Rehabilitation Project Engineer’s Estimate is approximately $1.5M with contingency. The project’s scope for construction includes the following: • Asphalt Concrete Grind and Overlay • Digout Repairs • Utility Adjustments • Striping and Pavement Markings • Minor Concrete and Curb Ramp Construction Scope of Work The GHD Team will provide Construction Management services and will foster the team approach to the project critical to successful completion. In addition to monitoring the Contractor’s activities for compliance with contract and funding requirements, the team will look ahead for potential challenges and work to mitigate them. As reflected in our fee proposal, we anticipate that the onsite inspection will average about 7-hours per day. We have accounted for a combination of 4 and 8-hour during the utility lowering and ramp construction and 10-hour days for the paving operations. We have the flexibility to match our staffing with the project requirements – be there when needed and off the job when no field activities are underway. We have budgeted for Forty-five (45) 7-hour days, expecting that some of the contract days will vary in scope and duration. We will be happy to discuss and align our level of effort to match City needs. GHD | Proposal CM Services for Country Club Dr. Pavement Rehabilitation Project | Page 2 We are confident the GHD Team is the most qualified firm for this Project for the following reasons: • We have an established working relationship with the City and will always work with the best interests of the citizens and the City of Rohnert Park in mind. • Since our staff live, work and play locally, we value our collaboration with City staff and have personal interest in project success. The City is a vital client for GHD and we will deliver on our promise to bring the City a top-notch, local construction management team. GHD’s services will be under the supervision of Jane Rozga, P.E., as Project Director, and Tim Dillenburg as Construction Manager, with Crystal Prairie as Project Coordinator. Tim Dillenburg has successfully completed many local projects, including paving more than 100 lane miles and 100k tons in Sonoma County in recent years. Crystal has worked with Tim on several projects for the City of Rohnert Park and they make a great team! We have budgeted 9 weeks of full and part-time Construction Inspection and part time Construction Management to supplement City Staff. We anticipate the concrete work to take the majority of the contract time, and the overlay to be a week or less. It will be critical to work closely with City staff to notify the public of the impacts of the paving in advance of that impactful week. GHD will perform the following tasks: Task 1 Project Management 1.1 Management of GHD Services. GHD project management will include preparation and maintenance of budgets and schedules for GHD services, instructions to the GHD Team, preparation of field safety instructions, and routine progress reporting. Task 2 Contract Administration 2.1 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. Coordination for public outreach efforts is anticipated for this project. 2.2 Attend Pre-Construction Meeting. GHD Construction Manager and Inspector will attend pre- construction meeting. 2.3 Project Meetings. Prepare and run meetings with City staff, Contractor, and other stakeholders. 2.4 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. 2.5 Maintain Project Records. Maintain GHD project records, including daily logs, and photos. Prepare progress pay estimates, PCO’s and change orders, issues, RFIs and other correspondence. Project records will be maintained in an organized manner for quick reference and are accessible to City staff as requested. 2.6 Review Monthly Progress Payments. Evaluate the monthly progress payment requests from the Contractor and recommend payment. 2.7 Prepare Monthly Progress Report. A brief report of monthly activities will be prepared and transmitted to the City. 2.8 Requests for Information (RFI’s) and Requests for Clarifications (RFC’s). Facilitate the review and response to RFI and RFC requests by the Contractor. GHD | Proposal CM Services for Country Club Dr. Pavement Rehabilitation Project | Page 3 2.9 Potential Change Orders (PCO’s) and Change Orders. Facilitate the review of PCO’s and Change Orders, assist with determination of changed conditions and scope definition as needed. 2.10 Coordinate Submittal and Shop Drawing Review Process. Coordinate the submittal and shop drawing review process, including logging submittals from the Contractor, transmitting to Design Engineer for response, coordinating with Design Engineer on field status, tracking progress, reviewing responses, and transmitting responses to the Contractor. 2.11 Permits Compliance. Monitor contractors operation with respect to the permit requirements. 2.12 Monitor Construction Record Drawings. Coordinate with the Contractor and maintain our own as- built drawings. Provide redlines to the City when complete. 2.13 Claims Management (optional service). GHD will assist with Claims Management at the request of the City on a time and materials basis. Task 3 Site Work 3.1 Field Inspection/Observation. Provide full-time and part-time as needed, on-site construction inspector/observer to monitor the Contractor’s work for compliance with the contract documents, submittals, RFI’s, change orders, and coordination with businesses and residences along the route. 3.2 Photograph or Video Documentation. Provide photographs or videos of the pre-construction conditions, as well as during construction to document the work. 3.3 Field Changes. Coordinate with City and Contractor and write field directives for change conditions. 3.4 Daily Reports. Prepare Daily Observation Reports. The daily reports will include photographs and material tags. 3.5 Materials Testing. Contract and coordinate with RGH to perform the required Quality Assurance concrete and HMA testing as required by the City of Rohnert Park QAP. 3.6 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. 3.7 Compile Project Documents. Will be provided through ongoing correspondence with the City; daily inspection/observation notes can be provided daily to the City. Documentation will be in electronic format. 3.8 Final Pay Estimate. Prepare the final pay estimate, Notice of Completion, and coordinate retention release at the conclusion of construction. Assumptions 1. GHD does not supervise or direct Contractor’s Work. Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work under the Contract. 2. Contractor is responsible for job site safety. 3. Contractor will not be relieved of obligations to perform Work in accordance with the Contract Documents either by activities or duties of Construction Management staff, or by tests, inspections, or approvals required or performed by persons other than Contractor. GHD | Proposal CM Services for Country Club Dr. Pavement Rehabilitation Project | Page 4 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. UThe proposed fee estimate for the scope of services is $142,798.00 The total "not-to-exceed" fee will not be exceeded without written authorization by the City. The individual task fees may be adjusted without written authorization provided the adjustments stay within the total "not- to-exceed" limit. Schedule GHD proposes to perform the scope of services immediately upon receipt of written Notice-to-Proceed. Please do not hesitate to contact us if you have any questions or need additional information. Kind regards, GHD Inc. Tim Dillenburg, CCM Construction Manager M: 707-480-1531 E: 35TTim.Dillenburg@ghd.com Attachment: Fee Estimate PROJECT FEE ESTIMATING SHEET SHT #1 of 1 PROJECT NAME:Country Club Drive Pavement Rehabilitation Project PROJECT #On-Site Inspector Dillenburg/Meyers Date 2/3/2021 Construction Manager Dillenburg PREPARED BY:Tim Dillenburg CLIENT:City of Rohnert Park Principal In Charge Silva FEE COMPUTATION Final Opinion of Probable Construction Cost LABOR CATEGORY> Principal In Charge PM CM Proj Coord Lead & Asst Inspectors TOTAL Subconsultant Other Direct Costs TOTAL 45 Working Days 1,500,000$ RATE>$250 $250 $205 $135 $170 HOURS/Services $6.5/hr office FEE 2 month Construction period TASK /HR /HR /HR /HR /HR GHD fee $15/hr field 9 week Inspection period Task 1 Project Management $7$6 Task 1.0 3 3 3 months, including final Monthly Progress 750$ -$ -$ -$ -$ 750$ 20$ 770$ 1 Hr for P-I-C Sub-Total 3 3 750$ -$ -$ -$ -$ 750$ -$ 20$ 770$ Task 2 Contract Management $7$6 Task 2.1 9 18 27 9 weekly Provide Project Coordination -$ 2,250$ 3,690$ -$ -$ 5,940$ 176$ 6,116$ 2 hrs ACM, 50% PM/CM Task 2.2 4 8 8 4 24 1 pre-construction meeting Prepare and Conduct Preconstruction Meeting -$ 1,000$ 1,640$ 1,080$ 680$ 4,400$ 156$ 4,556$ Task 2.3 8 18 18 44 9 weekly contractor & other meetings Conduct and Document Project Meetings -$ 2,000$ 3,690$ 2,430$ -$ 8,120$ 286$ 8,406$ 2 hrs each Task 2.4 4 4 2 monthly update Review Contractors Construction Schedule -$ -$ 820$ -$ -$ 820$ 26$ 846$ 2 hrs each Task 2.5 18 18 36 9 weekly Maintain Project Records -$ -$ 3,690$ 2,430$ -$ 6,120$ 234$ 6,354$ 2 hrs Task 2.6 9 9 3 pay requests, including final Review and Evaluate Monthly Progress Payments -$ -$ 1,845$ -$ -$ 1,845$ 59$ 1,904$ 3 hrs each Task 2.7 4 4 8 4 months including final Prepare Monthly Progress Reports -$ 1,000$ 820$ -$ -$ 1,820$ 52$ 1,872$ 1 hrs for writing each CM & Asst Task 2.8 8 4 12 4 Assumed Number of RFI's/RFC's Respond to RFI's -$ -$ 1,640$ 540$ -$ 2,180$ 78$ 2,258$ 2 hrs each CM, 50% PM & coord Task 2.9 3 6 2 11 3 Assumed Number of PCO's Prepare PCO's and Change Orders -$ 750$ 1,230$ 203$ -$ 2,183$ 68$ 2,251$ 2 hrs each CM, 50% PM & 25% coord Task 2.10 12 6 18 12 Assumed Number of shop drawings/submittals Coordinate Submittal and Shop Drawing Review -$ -$ 2,460$ 810$ -$ 3,270$ 117$ 3,387$ 1 hrs each CM & coord Task 2.11 Included in Task 3.1 Monitor Permit Compliance -$ -$ -$ -$ -$ -$ -$ -$ Task 2.12 Included in Task 3.1 Monitor Construction Record Drawings -$ -$ -$ -$ -$ -$ -$ -$ Task 2.13 12 12 Monitor Labor Compliance 2,460$ 2,460$ -$ 78$ 2,538$ 1 hour per week Task 2.14 4 8 12 Perform Claims Management -$ 1,000$ 1,640$ -$ -$ 2,640$ 78$ 2,718$ Sub-Total 32 91 50 4 177 -$ 8,000$ 18,655$ 7,523$ 680$ 34,858$ -$ 1,407$ 43,205$ Task 3: Field Inspection/Observation 15.00 Task 3.1 315 315 7.0 avg hrs per day inspection Provide Field Inspection/Observation -$ -$ -$ -$ 49,725$ 49,725$ 4,725$ 54,450$ 45 working days Task 3.2 8 8 Prior to Pre-construction Prepare Photograph and Video Documentation -$ -$ -$ -$ 1,360$ 1,360$ 120$ 1,480$ Task 3.3 Included in Task 3.1 Field Changes -$ -$ -$ -$ -$ -$ -$ -$ Task 3.4 Hours are included in Task 3.1 Prepare Daily Observation Reports -$ -$ -$ -$ -$ -$ -$ -$ Task 3.5 Materials Testing by RGH Materials Testing -$ -$ -$ -$ -$ -$ $24,728 3,709$ 28,437$ Coord time included in Task 3.1 Task 3.6 4 4 8 Develop Punchlists -$ -$ 820$ -$ 680$ 1,500$ 120$ 1,620$ Task 3.7 8 4 4 16 Compile Final Documents -$ -$ 1,640$ 540$ 680$ 2,860$ 240$ 3,100$ Task 3.8 6 2 4 12 Final pay request, coordinate retention release Prepare Final Pay Estimate -$ -$ 1,230$ 270$ 680$ 2,180$ 180$ 2,360$ Notice of Completion Sub-Total 18 6 335 359 -$ -$ 3,690$ 810$ 53,125$ 57,625$ 24,728$ 9,094$ 91,447$ 91447 check Task 4: Public Outreach $6$6 Task 4.1 Public Outreach Plan -$ -$ -$ -$ -$ -$ -$ -$ Not Applicable Task 4.2 9 9 18 9 Public Information and Contact Points -$ -$ 1,845$ 1,215$ -$ 3,060$ 117$ 3,177$ 1 hrs each Task 4.3 Attend Public Meetings -$ -$ -$ -$ -$ -$ -$ -$ Not Applicable Sub-Total 9 9 18 -$ -$ 1,845$ 1,215$ -$ 3,060$ -$ 117$ 3,177$ Contingency $6 3%$6 4,200$ Project Totals 3 32 118 65 339 557 750$ 8,000$ 24,190$ 9,548$ 53,805$ 96,293$ 24,728$ 10,644$ 142,798$ Assumes no formal claims. Time is for meetings & communication to resolve field issues * OTHER DIRECT COSTS Include: Telephone, Vehicles, Printing, Photo-copies and other misc. direct expenses. wks coordinate with Data Instincts