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2021/10/26 City Council Resolution 2021-122 RESOLUTION NO. 2021-122 A RESOLUTION FINDING THE A SECTION/COMMERCE SEWER LINE REPLACEMENT PHASE 1 PROJECT (PROJECT 2019-20) EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER PUBLIC RESOURCE CODE SECTION 21080.21,APPROVING THE PLANS AND SPECIFICATIONS, AWARDING THE CONSTRUCTION CONTRACT TO BAY PACIFIC PIPELINES, INC. IN THE AMOUNT OF $1,796,934.00, AUTHORIZING THE CITY MANAGER TO APPROVE UP TO $269,540.10 IN CONSTRUCTION CONTINGENCY, AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER 2102-02 FOR CONSTRUCTION MANAGEMENT SERVICES TO COASTLAND CIVIL ENGINEERING, INC. IN AN AMOUNT NOT-TO-EXCEED $155,848, AND APPROVING A BUDGET AMENDMENT FOR THE ADDITION OF $633,547.77 FROM THE SEWER CAPITAL PRESERVATION FUND WHEREAS, the A Section/Commerce Sewer Line Replacement Phase 1 Project (Project 2019-20) seeks to reroute, replace and install a new sewer line in Adele Avenue, Alison Avenue, and Commerce Boulevard; and WHEREAS, the plans and specifications for the project were prepared by GHD Inc. and approved by the City Engineer on July 28, 2021; and WHEREAS, consistent with the Public Contract Code, an invitation for bids was posted/published on July 30, 2021 and August 6, 2021 for the project; and WHEREAS, eight bids were received and public opened on the bid opening date of September 1, 2021; and WHEREAS, staff determined that Bay Pacific Pipelines, Inc. submitted the lowest responsive and responsible bid in an amount of$1,796,934.00; and WHEREAS, staff does not have the capacity to provide construction management services for the Project, and Coastland Civil Engineering, Inc. is a qualified construction management firm, familiar with City standards, staff, codes, and recommends utilizing their services; and WHEREAS,the project is statutorily exempt from CEQA pursuant to Public Resources Code Division 13, Section 21080.21 because the project includes installation, rehabilitation, and demolition of subsurface pipeline facilities within an area less than one mile in length and is located entirely within public streets and public right-of-way; and, WHEREAS, staff anticipates the need for an additional $633,547.77 in budget to cover the costs of the construction contract, consultant services, and staff and legal services necessary to complete the project, and those resources are available in the sewer capital preservation fund (Fund 530). NOW, THEREFORE the City Council of the City of Rohnert Park does hereby resolve, determine, find and order as follows: 1. The above recitals are true and correct and material to this Resolution. 2. On the basis of the entire record, including the staff report, and all oral and written comment, the City Council determines that the A Section/Commerce Sewer Line Replacement Phase 1 Project(Project 2019-20) is statutorily exempt from CEQA pursuant to Public Resources Code section 21080.21 because the project includes installation, rehabilitation, and demolition of subsurface pipeline facilities within an area less than one mile in length and is located entirely within public streets and public right- of-way, 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 A Section/Commerce Sewer Line Replacement Phase 1 Project (Project 2019-20), 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 Bay Pacific Pipelines, Inc. for the Project to be the lowest, responsive, responsible bid and waives any irregularities in such bid in accordance with applicable law. 6. The City Manager is hereby authorized and directed to execute the contract with Bay Pacific Pipelines Inc. in substantially similar form to Exhibit A, which is attached hereto and incorporated by this reference, for the sum of one million seven hundred ninety-six thousand nine hundred thirty-four dollars and zero cents ($1,796,934.00) for construction of the project in accordance with the bid documents and applicable law upon submission by Bay Pacific Pipelines 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 sixty-nine thousand five hundred forty dollars and ten cents ($269,540.10). 8. City staff is hereby directed to issue a Notice of Award to Bay Pacific Pipelines, Inc. for this project. 9. The City Manager is hereby authorized and directed to execute Task order 2021-02 with Coastland Civil Engineering, Inc. insubstantially similar form to Exhibit B, which is attached hereto and incorporated by this reference, for the sum of one hundred fifty-five thousand eight hundred forty-eight dollars and zero cents ($155,848). 10. The Finance director is authorized to increase appropriations to Project No. 2019-20 and transfer monies from the Sewer Capital Preservation Fund (530)to the Project in the amount of$633,547.77. 11. This Resolution shall become effective immediately. 12. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence,phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. Resolution 2021-122 2 BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to take any and all actions necessary to record the transaction in accordance with generally accepted accounting principles (GAAP). DULY AND REGULARLY ADOPTED this 26th day of October, 2021. CITY 1 iROI ;RT PARK freAririiiP 0 0 -rar• .. ce, :yor ATTEST: Elizabeth Machado, Acting City Clerk ADAMS: LINARES: Z STAFFORD: t. ELWARD: N GIUDICE: AYES: (5 ) OES: ( 95 ) ABSE : ( c) ABSTAI ( 5 ) Resolution 2021-122 3 SEWER SYSTEM MASTER PLAN IMPLEMENTATION: CIP-6 SEWER CAPACITY PROJECT PHASE 1 Rohnert Park City Proj. No. 2019-20 Page 1-1 C O N T R A C T SEWER SYSTEM MASTER PLAN IMPLEMENTATION: CIP-6-SEWER CAPACITY PROJECT PHASE 1 PROJECT NO. 2019-20 THIS AGREEMENT, made and entered into this 26th day of October, 2021, by and between Bay Pacific Pipelines, 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 26, 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 160 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 $6,062.70 per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3.Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of $1,796,934. 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 EXHIBIT A SEWER SYSTEM MASTER PLAN IMPLEMENTATION: CIP-6 SEWER CAPACITY PROJECT PHASE 1 Rohnert Park City Proj. No. 2019-20 Page 1-2 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 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 SEWER SYSTEM MASTER PLAN IMPLEMENTATION: CIP-6 SEWER CAPACITY PROJECT PHASE 1 Rohnert Park City Proj. No. 2019-20 Page 1-3 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 thi s 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. Additionally, Contractor shall be responsible for any overtime hourly costs of City inspectors. 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in that area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which SEWER SYSTEM MASTER PLAN IMPLEMENTATION: CIP-6 SEWER CAPACITY PROJECT PHASE 1 Rohnert Park City Proj. No. 2019-20 Page 1-4 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 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 SEWER SYSTEM MASTER PLAN IMPLEMENTATION: CIP-6 SEWER CAPACITY PROJECT PHASE 1 Rohnert Park City Proj. No. 2019-20 Page 1-5 Contractor and must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. In addition, the occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. E. Contractor fails to make prompt payment to any subcontractor or for material or labor. F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other 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. SEWER SYSTEM MASTER PLAN IMPLEMENTATION: CIP-6 SEWER CAPACITY PROJECT PHASE 1 Rohnert Park City Proj. No. 2019-20 Page 1-6 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. 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 SEWER SYSTEM MASTER PLAN IMPLEMENTATION: CIP-6 SEWER CAPACITY PROJECT PHASE 1 Rohnert Park City Proj. No. 2019-20 Page 1-7 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. CITY OF ROHNERT PARK Bay Pacific Pipelines, Inc. ____________________________________ Darrin Jenkins, City Manager Date Name/Title Date Per Resolution No. <<RESO #>>adopted by the Rohnert Park City Council at its meeting of October 26, 2021. ATTEST: APPROVED AS TO FORM: ____________________________________ Elizabeth Machado, Acting City Clerk City Attorney COASTLAND CIVIL ENGINEERING TASK ORDER NO. 2021-02 CITY OF ROHNERT PARK AND COASTLAND CIVIL ENGINEERING, INC. AUTHORIZATION TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR A SECTION/ COMMERCE SEWER LINE REPLACEMENT PHASE 1 PROJECT, PROJECT 2019-20 SECTION 1 – PURPOSE The purpose of this Task Order is to authorize and direct Coastland Civil Engineering, 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 Coastland Civil Engineering, Inc. ("Consultant") hereto dated March 28, 2019. SECTION 2 – SCOPE OF WORK The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Exhibit “B” in an amount not-to-exceed one hundred fifty-five thousand and eight hundred forty-eight dollars ($155,848). 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. 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 26th day of October, 2021. CITY OF ROHNERT PARK COASTLAND CIVIL ENGINEERING, INC. ____________________________ Darrin Jenkins (Date) Name: (Date) City Manager Title: Per Resolution __________ at the City Council Meeting on October 26, 2021 COASTLAND CIVIL ENGINEERING, INC. ______________________________________ ATTEST: Name: (Date) Title: ____________________________ Elizabeth Machado, Acting City Clerk EXHIBIT B 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: 707.702.1962 www.coastlandcivil.com August 19, 2021 Revised September 28, 2021 Justin Brandt, PE Associate Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Subject: Proposal for Construction Management and Inspection Services for 2019-20 A Section Sewer Dear Justin : Coastland is pleased to provide you with this letter proposal to provide Construction Management (CM) and Inspection services to the City for Construction Management and Inspection Services on the 2019-20 A Section Sewer project. PROJECT UNDERSTANDING The 2019-20 A Section Sewer Project (Project) is described generally as removal of approximately 650 linear feet (LF) of 18-inch sanitary sewer, removal of four (4) sanitary sewer manholes, abandonment (via the slurry fill method) of 600 (LF) of 18-inch sanitary sewer, installation using open trench techniques of five (5) new 60-inch diameter sanitary sewer manholes, installation of approximately 38 LF of new 18-inch sanitary sewer main, 930 LF of new 30-inch sanitary sewer main, 500 LF of new 8-inch sanitary sewer main, installation of seventeen (17) new sanitary sewer laterals, connection of existing sanitary sewer mains to new sanitary sewer manholes, connection of new sanitary sewer mains to an existing sanitary sewer manhole and includes rehabilitation of landscape as well as striping and pavement restoration in disturbed areas.. The engineer’s estimate for this project is $2,020,900. The estimated working days are 75. SCOPE OF WORK Coastland’s overall approach to performing Construction Management and Inspection focuses on teaming with City forces to produce a high-quality, cost-effective project. Our Construction Manager and Inspector will keep the City informed regarding costs, changes, public relations, and construction progress. We will coordinate closely with the City and the property owners for the entire project duration. From the onset of the project, we will establish the lines of communication and decision making roles with all project stakeholders. Based on our understanding of the project our scope of services is as follows: T ASK 1 – PRE-CONSTRUCTION MEETING Immediately following the Notice to Proceed, our Construction Manager will schedule and administer the pre-construction meeting. During this meeting we will establish lines of communication and decision making roles with all project stakeholders. We will also discuss safety requirements, responsibilities of the project team members, working hours, quality control procedures, submittal requirements, project schedule, change order and potential claim procedures, and safety procedures. EXHIBIT "A" City of Rohnert Park 2019-20 A Section Sewer — CM and Inspection Revised September 28, 2021 Page 2 of 8 Coastland will be responsible for generating pre-construction meeting invitations including the meeting agenda. Agenda items include lines of communication, public relations, safety, submittals, change procedures, payments, progress schedules, contract time, requests for information, and other applicable items. Coastland will prepare and distribute meeting minutes to all parties. Following the pre-construction meeting, Coastland will continue to work with the City team, contractor, and Coastland’s design team to ensure that all project issues are addressed promptly and that the City’s best interests are considered at all times. TASK 2 – PRE-CONSTRUCTION SITE VISIT AND DOCUMENTATION Coastland will take pre-construction digital photos of the construction site with special attention given to sensitive areas including any private residences and businesses adjacent to the project. Documenting the site prior to construction will help mitigate possible disputes between the City, contractor and property owners within or adjacent to the project limits. These photos will be logged and filed with the project files. TASK 3 – PROJECT START -UP Coastland will assemble project files in accordance with the City’s standard format. Coastland utilizes a centralized system for document control to create, store, organize, track, and link all project information. Our digital record-keeping will ensure the constant flow of documentation to a form that quickly and easily identifies trends and critical issues and will help keep the project moving as it helps document the work. TASK 4 - DAILY FIELD INSPECTIONS AND DOCUMENTATION A critical aspect of our services is maintaining close communication with City staff to ensure scheduling goals are met. To help maintain close communication, Coastland’s inspector will be accessible to the City at all times at the project site and through the use of email and cellular phones. Coastland’s on-site inspector will examine all construction activities to ensure that the contract work adheres to the contract documents, City standards and the established schedule. We will maintain records and provide documentation of the work in the form of daily reports, weekly summary of construction activities, deficiency lists, and progress photographs of construction activities. Daily reports will describe the contractor’s level of effort, specific work being done, started, or finished, and relevant points raised by the contractor that may require consideration and response. We also document proposed change orders and claims, important conversations, safety issues or accidents, extra work in progress, materials testing performed, information for “as-built” drawings, quantities for progress payments, environmental concerns and hazardous materials. Coastland will provide a digital photo logbook of construction activities, progress, and areas of concern or interest. The photo log will be compiled on a portable storage device (USB drive) and will identify the location and date of each photo. The log will be maintained through the duration of the project to assure continuity from one week to the next and will be submitted to the City at the close of the project. City of Rohnert Park 2019-20 A Section Sewer — CM and Inspection Revised September 28, 2021 Page 3 of 8 Coastland will continually review the specifications and plans to ensure the work is of good quality and meets the requirements of the contract documents. Coastland will immediately report any deviation from the approved contract documents. Our inspector will identify actual and potential problems and provide solutions. We will maintain daily documentation and resolve issues by proposing field changes and avoid any delays. Our inspector will review the Contractor’s traffic control plan to make certain that access is maintained during construction. Task 4a – Materials Testing RGH Consultants will provide materials testing as follows:  Slurry sampling – Assumed 6 sampling site visits and tests. The contractor has responsibility for slurry sampling and testing according to the specifications.  Compaction testing for curb, gutter, sidewalk and laterals – Assumed four (4) site visits. Required by the specifications and has been previously requested by the City.  Concrete sampling for curb, gutter, sidewalk and laterals – Assumed two (2) site visits. Required by the specifications and has been previously requested by the City.  Asphalt testing for digouts and overlay – 4 days. In summary, our Inspector’s responsibilities include:  Represent the City in ensuring that the terms of the construction contract are followed throughout the term of the project.  Participate in regular meetings called by the Construction Manager.  Protect the interest of the City.  Daily inspection of the contractor’s work for conformance to the contract documents, codes, regulations, and City standards.  Prepare and submit daily inspection reports that document all job site activities.  Serve as a daily contact for the contractor as to performance of the construction.  Respond promptly to City requests.  Verify construction material quantities.  Monitor traffic control procedures.  Distribute notifications to impacted public regarding the status of construction.  Document construction activities with photographs and maintain a photo log.  Respond to calls from the public promptly and log any complaints in a timely manner.  Work overtime as needed to assure presence on site during all construction activities.  Document and maintain complete field files containing construction period correspondences, changes, discussions with contractor, memos, reports, and other pertinent items. TASK 5 – PROGRESS MEETINGS Coastland will conduct weekly coordination and progress meetings to focus on completed and upcoming work, any construction delays, schedule updates, proposed changes, change orders, contractor’s questions, public relations, safety and other concerns that are identified by a project team member. We will work to foster honest, open communication at these weekly meetings which will help in timely resolution of any disputes and/or potential claims. City of Rohnert Park 2019-20 A Section Sewer — CM and Inspection Revised September 28, 2021 Page 4 of 8 TASK 6 – STATUS REPORTS AND DOCUMENTATION Task 6a – Reports Complete and accurate record keeping will be an essential component of this project. We will ensure project documents and certified payroll are complete and correct sub-contractors are used. We will keep the City informed and document all construction issues with the following:  Weekly Statement of Working Days  Progress Meeting Minutes  Field Directive Log  Change order tracking  Regular phone calls and e-mails Task 6b – Submittal Management Coastland will coordinate all submittals and monitor the status of the submittals to assure the contractor provides timely response. At the pre-construction conference, we will provide the contractor with a log of all required submittals and due dates. Submittals will be stamped, logged and distributed to the designer for complete review and approval. Submittals will be filed numerically and approved copies will be distributed to the City, project members, and the contractor. Task 6c – Requests for Information (RFI) Coastland will receive and log all Requests for Information (RFI’s) from the contractor, and forward the RFI to the designer. Coastland will track the status of all RFI’s by generating a weekly RFI log that lists the “Ball-in-court” status, description, and if an RFI results in a potential change order. Task 6d – Change Order Management In the event that a change order is required, Coastland will negotiate the changes with the contractor and prepare documentation. All changes will be approved by the contractor, Coastland and the City prior to starting work on the change. With the City’s approval, Coastland can negotiate with the contractor to produce the best construction method for the change at the lowest cost. If a change order requires input from the design engineer, our Construction Manager will coordinate with them to ensure it is reviewed. A Change Order Log will be created that will show Change Order number, description, status, approved date, start and completion dates and cost. TASK 7 – CONSTRUCTION MANAGEMENT Our goal is to ensure that construction and contract administration are performed in compliance with City requirements and standards, and the project plans and specifications. To accomplish this goal, our Construction Manager will manage the day-to-day construction activities with the contractor. He will be accessible to the City at all times. The Construction Manager will be responsible for keeping the City informed of the progress of the project, changes that may be needed, pay estimate input and releasing information to the public. In addition, our Construction Manager will complete all contract administration documentation in a timely, accurate and orderly fashion. In summary, our Construction Manager’s responsibilities include:  Continuous communication and coordination with the contractor through regular progress meetings.  Review and routing of project submittals and RFIs.  Prepare project pay estimates and maintain records associated with the project’s federal funding requirements. City of Rohnert Park 2019-20 A Section Sewer — CM and Inspection Revised September 28, 2021 Page 5 of 8  Accept work performed or, if work is rejected, work with contractor to correct construction errors.  Prepare and approve Contract Change Orders.  Provide claims management.  Monitor permit and environmental compliance.  Confirm labor compliance.  Develop a project punch list and make recommendations for project acceptance.  Prepare As-Built plans.  Maintain an up-to-date construction file containing all records associated with the construction of the project. TASK 8 – COST AND SCHEDULE MANAGEMENT Coastland will continually review the construction progress and perform field measurements and quantity calculations. Each month, Coastland will provide accurate calculations for all work items completed and accepted to provide progress payment recommendations to the City. Coastland will review the contractor’s progress pay estimate request and schedule of values to assess if they are reasonable, and will compare this to the field measurements and quantity calculations. We will continually monitor project costs and keep the City informed regularly. Coastland will review the contractor’s construction schedule for accuracy, reasonableness, and will verify that it meets the project schedule, order of work, and contract requirements. Progress schedules will be reviewed weekly to ensure the contractor is meeting the critical dates. If the contractor fails to meet critical dates, it will immediately be brought to his attention and remedies to get back on schedule will be accomplished. Schedule updates may be required once a month or more. We will negotiate any time extensions for the contractor due to change orders, weather, or other delays. Coastland will also maintain an as-built progress schedule. TASK 9 - PUBLIC RELATIONS AND NOTIFICATIONS Coastland will ensure every effort is made to keep residents and businesses informed of construction progress and minimize disruptions due to limited access and excessive noise. Our Construction Manager will proactively meet with property owners prior to and during construction to address any concerns from those affected by the project. We will monitor traffic control and flagging procedures to ensure construction proceeds smoothly and public impact is minimized. There may be traffic delays during peak traffic periods. Accordingly, we will keep all residents and businesses informed on construction status and impacts through the use of message boards and notification letters. Our Construction Manager will also make introductions to the affected properties and provide his 24-hour contact phone number as appropriate. Coastland will ensure that Contractor provides advanced notice to residents and businesses, as required by the specifications, regarding roadwork and lane closures. Coastland will log and respond to questions and concerns from the public in a timely manner and will record the contractor’s activities as they relate to public safety and public convenience. Additionally, our inspector will accurately document pre-construction conditions with a photo log to verify the project area is restored to its original form following construction. City of Rohnert Park 2019-20 A Section Sewer — CM and Inspection Revised September 28, 2021 Page 6 of 8 TASK 10 – POST-CONSTRUCTION MEETING Following completion of the work, Coastland will organize and conduct the post-construction meeting. The meeting will document all requirements necessary for final closeout and payment, and confirm all contract obligations have been met. Recommendations for improvement will be made and incorporated into future projects. The results of the meeting will be summarized in meeting minutes. TASK 11 – PROJECT CLOSEOUT Coastland will verify completion of punch list items, issue notice of completion, prepare recommendations for final acceptance of the project, review as-builts for accuracy and completeness, prepare and recommend final payment, and transmit all construction documentation to the City. At the completion of the project, we will provide the City with the following:  All contract files and records (hard & electronic files)  Annotated journal of photos and CD of digital photos  As-built project schedule OPTIONAL TASKS If requested by the City, conflict resolution & claim management can be added under an amendment on a Time & Materials basis. SCHEDULE We understand that proper construction management is a priority for the City. Work is anticipated to commence in October 2021 upon receipt of the Notice to Proceed and is expected to continue for 75 working days. WORK ESTIMATE Based on the Scope of Work outlined in our proposal, we have prepared a comprehensive budget that identifies staffing rates, total hours and costs per task and direct expenses. Inspector rates are in compliance with current California General Prevailing Wage Rate Determinations. We propose to provide our services on a time-and-materials basis with a not-to-exceed amount. Our proposal is based on a project duration of 75 working days and part-time construction management as outlined in our work estimate. We are providing full-time inspection at 40 hours per week. No overtime has been added into our estimate at this time. Our proposal also includes factors such as attending meetings, project closeout and vehicle costs. Based on these items, we estimate the not-to-exceed fee to be $155,848.00 (see attached Work Estimate). If the contract time extends beyond 75 working days, or the scope or level of services change, our costs may also increase. Similarly, if the contract time is reduced, charges will decrease accordingly. This estimate has been created to show the overall cost for comprehensive Construction Management and Inspection services on the project. We welcome the opportunity to speak with you regarding the scope of services. Please feel free to contact us if you have any questions or concerns regarding this estimate. City of Rohnert Park 2019-20 A Section Sewer — CM and Inspection Revised September 28, 2021 Page 7 of 8 Coastland maintains a current DIR registration number (1000014855, exp. 6/30/2022). We greatly appreciate the opportunity to serve the City of Rohnert Park. Please let me know if you have questions. Sincerely, COASTLAND CIVIL ENGINEERING, INC. John Wanger, PE Mike Janet CEO Construction Department Manager City of Rohnert Park 2019-20 A Section Sewer — CM and Inspection Revised September 28, 2021 Page 8 of 8 Principal Engineer CM Inspector #1 Inspector OT Admin $195 $170 $150 $203 $90 1 Pre-Construction Meeting 4 4 2 10 $1,460 Agendas / conduct meeting 2 Site Visit & Documentation 4 4 2 10 $1,460 Job walk / photos/Meet with City 3 Project Start-Up 8 8 4 20 $2,920 Assemble filing / CM program 4 Daily Field Inspections & Documentation 315 315 $47,250 Based on 75 working days 4a Materials Testing $18,700 $18,700 RGH to provide materials testing services 5 Progress Meetings/Other Mtgs 30 30 4 64 $9,960 Assume attendance @ 15 mtgs (CM & Inspector) 6 Status Reports & Documentation 16 60 2 78 $11,900 Review progress/documentation 6a Reports 10 60 2 72 $10,880 Status /Daily Updates to City 6b Submittal Management 28 20 2 50 $7,940 Based on 20 submittals 6c Requests For Information 4 10 2 16 $2,360 Based on 2 RFI's 6d Change Order Management 4 8 2 14 $2,060 Based on 2 change orders 7 Construction Management 43 43 $7,310 8 Cost and Schedule Management 16 22 2 40 $6,200 Based on 4 monthly payments & CPM updates 9 Public Relations & Outreach 8 30 2 40 $6,040 Notices/meeting/coordination etc 10 Conflict Resolution & Claim Management 0 $0 Time and Materials if needed 11 Utility Coordination 6 8 14 $2,220 Coordination/spot inspection 12 Post Construction Meeting 3 3 6 $960 Walk through/Final Punchlist 13 Project Closeout 8 18 3 29 $4,330 As-builts / files Photographs & video $150 $100 Vehicle/Equipment expenses $11,798 $11,798 694 hours x $17/hr= $11,798 Total Hours 0 188 600 0 29 821 TOTAL $0 $31,960 $90,000 $0 $2,610 $11,948 $155,848 1 Based on 75 working days. 2 Based on full time inspection at 40 hours per week. 3 Based on part time construction management of 12.5 hours per week 4 Based on an estimated number of RFI's, change orders and submittals shown above. Task Information TASK INFORMATION WORK ESTIMATE City of Rohnert ParkPROPOSAL FOR CM & INSPECTION SERVICES2019-20 A Section Sewer NOTES: Coastland reserves the right to adjust estimated hours should the Contractor schedule additional crews or overtime work. HOURS AND COST INFORMATION Direct Costs Total Hours Total Costs Comments Task No. (Coastland Code) EXHIBIT "B"