2021/10/12 City Council Resolution 2021-111 RESOLUTION NO. 2021-111
A RESOLUTION FINDING THE SOUTHWEST BOULEVARD &
COMMERCE BOULEVARD ROUNDABOUT PROJECT (PROJECT 2017-07)
EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION
15301, APPROVING THE PLANS AND SPECIFICATIONS,AWARDING THE
CONSTRUCTION CONTRACT TO GHILOTTI CONSTRUCTION,INC. FOR
$1,846,193.00,AUTHORIZING THE CITY MANAGER TO APPROVE UP TO
$276,928.95 IN CHANGE ORDERS AS CONTINGENCY,AUTHORIZING
TASK ORDER 2021-09 FOR CONSTRUCTION MANAGEMENT SERVICES
FOR A TOTAL AMOUNT OF $260,448.00 WITH GHD, INC.,AND
APPROVING A BUDGET AMENDMENT
WHEREAS, on April 14, 2020,the City Council approved Task Order 2020-02 with
GHD, Inc. for the design of the Southwest Boulevard & Commerce Boulevard Roundabout
Project(Project 2017-07), which consists of the installation of a three leg roundabout, a
separated bike path on the Northwest edge, various splitter islands with landscaping and bio
retention areas, rebuilding the road section, abandoning an existing sewer line in the roundabout
footprint that is no longer in use, replacing a water line in the roundabout footprint, and
installation of upgraded accessible pedestrian facilities; and
WHEREAS, staff proceeded with design and placing the project out for bidding; and
WHEREAS, the plans and specifications for the Project were prepared by GHD, Inc. and
approved by the City Engineer; and
WHEREAS, consistent with the Public Contract Code, an invitation for bids was posted and
published on August 6, 2021 and August 13, 2021, for the Project; and
WHEREAS,4 sealed bids were received on the bid opening date of September 7, 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$1,846,193.00; and
WHEREAS, staff recommends proceeding with the bid and authorizing the City
Manager change orders during construction up to 15% ($276,928.95); and
WHEREAS, staff solicited a request for proposals and determined that GHD, Inc. is the
most qualified consultant for Construction Management and Inspection services and
recommends procuring their services with Task Order 2021-09 for$260,448.00; and
WHEREAS, with the additional scope of work of replacing the water line prior to
repaving and the sewer line work within the project limits, staff recommends utilizing a budget
amendment from other projects that are complete with surplus budget as well as additional
excess funds from the water capital preservation and sewer capital preservation funding sources;
and
WHEREAS, the scope of work including repair of an existing roadway, 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 installing a traffic control
device with negligible or no expansion of existing use as well as replacing utilities with
no negligible expansion of 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 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$1,846,193.00
for the Project to be the lowest, responsive bid and waives any irregularities in such bid
in accordance with applicable law.
6. The City Manager is hereby authorized and directed to execute the contract with 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 eight hundred and forty six
thousand one hundred and ninety three dollars and zero cents ($1,846,193.00) 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 15% of the base bid, or two hundred and seventy six thousand nine hundred and
twenty eight dollars and ninety five cents ($276,928.95).
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 2021-09 with GHD, Inc.,
as shown in Exhibit B for a total task order amount of two hundred and sixty thousand
four hundred and forty eight dollars and zero cents ($260,448.00).
10. The City Council authorizes the Finance Director to increase appropriations in Project
2017-07 from the following funding sources, and approves amendments to the adopted
budget to effectuate such appropriations:
-$73,000 from Water Capital Preservation Fund (531-1730-400-8541) budgeted
for Water Controls & Telemetry(Proj. 2017-30)
-$130,125 from Water Capital Preservation(Fund 531) fund balance
-$104,910 from Sewer Capital Preservation(Fund 530) fund balance
11. 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
Resolution 2021-111
2
other portion may be held invalid or unconstitutional.
DULY AND REGULARLY ADOPTED this 12th day of October, 2021.
CITY OF ROHNERT PARK
• a
Lia-A0
, Mayor
ATTEST:
•
Elizabe Machado, cting City Clerk
ADAMS: He. LINARES: Fj9e STAFFORD: e ELWARD: e. GIUDICE: Pctje
AYES: (,j ) NOES: ( 0 ) ABSE4T: ( ) ABSTAIN: ( 0 )
Resolution 2021-111
3
SOUTHWEST AND COMMERCE ROUNDABOUT PROJECT
Rohnert Park City Proj. No. 2017-07 Page 1-1
OAK #4839-3351-6127 v1
C O N T R A C T
SOUTHWEST AND COMMERCE ROUNDABOUT PROJECT
PROJECT NO. 2017-07
THIS AGREEMENT, made and entered into this 12th day of October, 2021, 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 October 12, 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 One Hundred Eighty (180) 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 Four Thousand Dollars ($4,000) 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 One Million, Eight Hundred Forty Six
Thousand, One Hundred Ninety Three Dollars ($1,846,193).
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
SOUTHWEST AND COMMERCE ROUNDABOUT PROJECT
Rohnert Park City Proj. No. 2017-07 Page 1-2
OAK #4839-3351-6127 v1
c) Instruction and Information to Bidders
d) Accepted Proposal, with all attachments and certifications
e) Performance Bond
f) Payment Bond
g) Special Provisions
h) Standard Specifications
i) Technical specifications
j) Design Standards
k) Plans, Profiles and Detailed Drawings
In the event of conflict between these documents, the following order of precedence will
govern: this contract; change orders; supplemental agreements and approved revisions to plans
and specifications; special conditions; standard specifications; detail plans; general plans; standard
plans; reference specifications. In the absence of a controlling or contrary provision in the
foregoing, the Standard Specifications (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
SOUTHWEST AND COMMERCE ROUNDABOUT PROJECT
Rohnert Park City Proj. No. 2017-07 Page 1-3
OAK #4839-3351-6127 v1
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.
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
SOUTHWEST AND COMMERCE ROUNDABOUT PROJECT
Rohnert Park City Proj. No. 2017-07 Page 1-4
OAK #4839-3351-6127 v1
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 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
SOUTHWEST AND COMMERCE ROUNDABOUT PROJECT
Rohnert Park City Proj. No. 2017-07 Page 1-5
OAK #4839-3351-6127 v1
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 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
SOUTHWEST AND COMMERCE ROUNDABOUT PROJECT
Rohnert Park City Proj. No. 2017-07 Page 1-6
OAK #4839-3351-6127 v1
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
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.
SOUTHWEST AND COMMERCE ROUNDABOUT PROJECT
Rohnert Park City Proj. No. 2017-07 Page 1-7
OAK #4839-3351-6127 v1
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 Mana ger, 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.
SOUTHWEST AND COMMERCE ROUNDABOUT PROJECT
Rohnert Park City Proj. No. 2017-07 Page 1-8
OAK #4839-3351-6127 v1
CITY OF ROHNERT PARK GHILLOTTI CONSTRUCTION
COMPANY INC.
____________________________________
Darrin, Jenkins, City Manager Date Name/Title Date
Per Resolution No. ____________ adopted by the Rohnert Park
City Council at its meeting of October 12, 2021.
ATTEST: APPROVED AS TO FORM:
____________________________________
Elizabeth Machado, Acting City Clerk City Attorney
GHD, INC. TASK ORDER NO. 2021-09
CITY OF ROHNERT PARK
AND
GHD, INC.
AUTHORIZATION TO PROVIDE CONSTRUCTION MANAGEMENT FOR SOUTHWEST AND
COMMERCE BOULVARD ROUNDABOUT, PROJECT 2017-07
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 two hundred and sixty
thousand four hundred and forty eight dollars and zero cents ($260,448).
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by December 31, 2022, or as extended by the City
Manager or the Director of Public Works 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 _____________, 2021.
CITY OF ROHNERT PARK GHD, INC.
____________________________
Name: (Date)
Title:
GHD, INC.
Darrin Jenkins (Date)
City Manager
Per Resolution __________ at the city council
meeting on _____________________.
ATTEST:
____________________________ ____________________________
Elizabeth Machado, Acting City Clerk Name: (Date)
Title:
GHD | Proposal CM Services for Roundabout Project | Page 6
Scope of Work
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 Pre-Construction Meeting. GHD Construction Manager and Inspector will attend and run the 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.
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.
GHD | Proposal CM Services for Roundabout Project | Page 7
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. Provide and coordinate the materials tester to perform the required Quality
Assurance concrete, subgrade, ABII, 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.
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.
As reflected in our fee proposal, we anticipate that the onsite inspection will average about 8 hours per
day. 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 anticipate approximately 95 days of field presence, 60 days of fulltime inspection and 35 days parttime
(estimating 4 hrs/day). A more conservative estimate would allow for 120 days of fulltime inspection.
Under an optimistic approach, our estimate would be a total cost of $260,448. If this approach is taken,
we recommend that additional contingency funds be considered to allow increased staffing if it is
necessary.
We will be happy to discuss and align our level of effort to match City needs.
The total "not-to-exceed" fee will not be exceeded without written authorization by the City. The individual
task fees may be adjusted without written authorization provided the adjustments stay within the total "not-
to-exceed" limit.
Schedule
GHD proposes to perform the scope of services immediately upon receipt of written Notice-to-Proceed.
Please do not hesitate to contact us if you have any questions or need additional information.
GHD | Proposal CM Services for Roundabout Project | Page 8
Kind regards,
GHD Inc.
Tim Dillenburg, CCM Jane Rozga, PE
Project & Construction Manager Project Director
M: 707-480-1531 E: Tim.Dillenburg@ghd.com M: 707-843-0774 E: Jane.Rozga@ghd.com
Attachment:
• Potential Project Schedule
• Fee Estimates
PROJECT FEE ESTIMATING SHEET SHT #1 of 1
PROJECT NAME:Commerce Roundabout PROJECT #On-Site Inspector Eric Leitz/Dillenburg
Date 9/2/2021 Construction Manager Dillenburg
PREPARED BY:Tim Dillenburg CLIENT:City of Rohnert Park Project Director Jane Rozga
FEE COMPUTATION Final Opinion of Probable Construction Cost
LABOR CATEGORY>
Project
Director PM CM Proj Coord
Lead & Asst
Inspectors TOTAL Subconsultant Other Direct Costs TOTAL 95 Working Days
2,000,000$
RATE>$250 $250 $205 $135 $175 HOURS/Services $6.5/hr office FEE 5 month Construction period
TASK /HR /HR /HR /HR /HR GHD fee $25/hr field 20 week Inspection period
Task 1 Project Management $7$6
Task 1.0 6 6 6 months, including final
Monthly Progress 1,500$ -$ -$ -$ -$ 1,500$ 39$ 1,539$ 1 Hr for P-I-C
Sub-Total 6 6
1,500$ -$ -$ -$ -$ 1,500$ -$ 39$ 1,539$
Task 2 Contract Management $7$6
Task 2.1 10 40 50 20 weekly
Provide Project Coordination 2,500$ -$ 8,200$ -$ -$ 10,700$ 325$ 11,025$ 2 hrs CM, 25% PD
Task 2.2 8 4 4 16 1 pre-construction meeting
Prepare and Conduct Preconstruction Meeting -$ -$ 1,640$ 540$ 700$ 2,880$ 104$ 2,984$
Task 2.3 30 30 60 20 weekly contractor & other meetings
Conduct and Document Project Meetings -$ -$ 6,150$ 4,050$ -$ 10,200$ 390$ 10,590$ 1.5 hrs each
Task 2.4 5 5 5 monthly update
Review Contractors Construction Schedule -$ -$ 1,025$ -$ -$ 1,025$ 33$ 1,058$ 1 hr each
Task 2.5 40 40 80 20 weekly
Maintain Project Records -$ -$ 8,200$ 5,400$ -$ 13,600$ 520$ 14,120$ 2 hrs
Task 2.6 18 18 6 pay requests
Review and Evaluate Monthly Progress Payments -$ -$ 3,690$ -$ -$ 3,690$ 117$ 3,807$ 3 hrs each
Task 2.7 5 5 10 5 months including final
Prepare Monthly Progress Reports 1,250$ -$ 1,025$ -$ -$ 2,275$ 65$ 2,340$ 1 hrs for writing each CM & Asst
Task 2.8 24 12 36 12 Assumed Number of RFI's/RFC's
Respond to RFI's -$ -$ 4,920$ 1,620$ -$ 6,540$ 234$ 6,774$ 2 hrs each CM, 50% PM & coord
Task 2.9 20 20 10 Assumed Number of PCO's
Prepare PCO's and Change Orders -$ -$ 4,100$ -$ -$ 4,100$ 130$ 4,230$ 2 hrs each CM, 25% coord
Task 2.10 48 24 72 48 Assumed Number of shop drawings/submittals
Coordinate Submittal and Shop Drawing Review -$ -$ 9,840$ 3,240$ -$ 13,080$ 468$ 13,548$ 1 hrs CM & 50% 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 20 20
Monitor Labor Compliance 4,100$ 4,100$ -$ 130$ 4,230$ 1 hour per week
Task 2.14 8 16 8 32
Perform Claims Management 2,000$ -$ 3,280$ 1,080$ -$ 6,360$ 208$ 6,568$
Sub-Total 23 209 98 4 334
5,750$ -$ 42,845$ 14,630$ 700$ 63,925$ -$ 2,724$ 81,274$
Task 3: Field Inspection/Observation 25.00
Task 3.1 620 760 8.0 Hrs Full Time 4 Hrs Part Time
Provide Field Inspection/Observation -$ -$ -$ -$ 108,500$ 108,500$ 19,000$ 127,500$ 60 Full Time days 35 Part Time Days
Task 3.2 8 8 Prior to Pre-construction
Prepare Photograph and Video Documentation -$ -$ -$ -$ 1,400$ 1,400$ 200$ 1,600$
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 -$ -$ -$ -$ -$ -$ $23,900 3,585$ 27,485$ Coord time included in Task 3.1
Task 3.6 8 4 12
Develop Punchlists -$ -$ 1,640$ -$ 700$ 2,340$ 300$ 2,640$
Task 3.7 24 10 4 38
Compile Final Documents -$ -$ 4,920$ 1,350$ 700$ 6,970$ 950$ 7,920$
Task 3.8 24 4 4 32 Final pay request, coordinate retention release
Prepare Final Pay Estimate -$ -$ 4,920$ 540$ 700$ 6,160$ 800$ 6,960$ Notice of Completion
Sub-Total 56 14 640 850
-$ -$ 11,480$ 1,890$ 112,000$ 125,370$ 23,900$ 24,835$ 174,105$ 174105 check
Task 4: Public Outreach $6$6
Task 4.1
Public Outreach Plan -$ -$ -$ -$ -$ -$ -$ -$ Not Applicable
Task 4.2 10 10 20 20
Public Information and Contact Points -$ -$ 2,050$ 1,350$ -$ 3,400$ 130$ 3,530$ 0.5 hrs each
Task 4.3
Attend Public Meetings -$ -$ -$ -$ -$ -$ -$ -$ Not Applicable
Sub-Total 10 10 20
-$ -$ 2,050$ 1,350$ -$ 3,400$ -$ 130$ 3,530$
Contingency $6
3%$6
Project Totals 29 275 122 644 1,210
7,250$ -$ 56,375$ 17,870$ 112,700$ 194,195$ 23,900$ 27,734$ 260,448$
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