2022/05/10 City Council Resolution 2022-044 RESOLUTION NO. 2022-044
A RESOLUTION FINDING THE EAST COTATI AVENUE PAVING PROJECT
(PROJECT 2017-17) EXEMPT FROM CEQA PURSUANT TO CEQA
GUIDELINES SECTION 15301, AWARDING THE CONSTRUCTION
CONTRACT TO TEAM GHILOTTI, INC. IN THE AMOUNT OF $1,614,046.32,
AUTHORIZING THE ASSISTANT CITY MANAGER TO APPROVE UP TO
$209,826.02 IN CHANGE ORDERS, APPROVING THE PLANS AND
SPECIFICATIONS, APPROVING CONSULTANT SERVICE AGREEMENT
FOR CONSTRUCTION MANAGEMENT SERVICES FOR SUBSTRATE,
INC.IN THE AMOUNT NOT-TO-EXCEED $125,000.00,AND APPROVING
BUDGET AMENDMENTS FROM THE ADDITION OF $836,660.00 FROM
REFUSE ROAD IMPACT FEE, GAS TAX FUND, GAS TAX SB1 RMRA,
MEASURE M, INFRASTRUCTURE RESERVE, THE POTHOLE REPAIR
MAINTENANCE PROJECT (CIP 2206), AND THE SOUTHWEST /
COMMERCE ROUNDABOUT PROJECT (CIP 1707)
WHEREAS, the East Cotati Avenue Paving Project (Project 2017-17) seeks to perform
minor repairs to the curb, gutter, sidewalk and reconstruct the road on East Cotati Avenue from the
western City limits to the intersection of Snyder Lane and East Cotati Avenue; and
WHEREAS,the plans and specifications for the project were prepared by BC Engineering
Group, Inc. February 3, 2022; and
WHEREAS, consistent with the Public Contract Code, an invitation for bids was
posted/published on February 25, 2022 and March 4, 2022 for the project; and
WHEREAS, four bids were received and public opened on the bid opening date of April
4, 2022; and
WHEREAS, staff determined that Team Ghilotti, Inc. submitted the lowest responsive
and responsible bid in an amount of$1,614,046.32; and
WHEREAS, staff recommends proceeding with the bid and authorizing the Assistant
City Manager change orders during construction up to 13% ($209,826.02); and
WHEREAS, staff does not have the capacity to provide construction management
services for the Project, and Substrate, Inc. is a qualified construction management firm, familiar
with City standards, staff, codes, and recommends utilizing their services; and
WHEREAS, consist with the City of Rohnert Park Purchasing Policy and after a
qualifications-based selection process, staff has secured a proposal from Substrate, Inc. for
construction management services for $125,000.00; and
WHEREAS, staff anticipates the need for an additional $836,660.00 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 through budget amendments from
Refuse Road Impact Fee, Gas Tax Fund, Gas Tax SB1 RMRA, Measure M, Infrastructure
Reserve, the Pothole Repair Maintenance Project (CIP 2206), and the Southwest/Commerce
Roundabout Project(CIP 1707).
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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. The City Council determines that East Cotati Avenue Paving Project (Project 2017-17) is
categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15301 and that
none of the exceptions in CEQA Guidelines Section 15300.2 apply, as this project
consists of repair of existing public utility infrastructure, with negligible or no expansion
of existing use, and directs staff to file a notice of exemption with the Clerk-Recorder's
Office for the County of Sonoma.
3. The plans and specifications for the East Cotati Avenue Paving Project (Project 2017-17),
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 Team Ghilotti,
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 Assistant City Manager is hereby authorized and directed to execute the contract
with Team Ghilotti, Inc. in substantially similar form to Exhibit A, which is attached
hereto and incorporated by this reference, for the sum of one million six hundred
fourteen thousand forty-six dollars and thirty-two cents ($1,614,046.32) for construction
of the project in accordance with the bid documents and applicable law upon submission
by Team Ghilotti, Inc. of all documents required pursuant to the project bid documents.
7. The Assistant City Manager is hereby authorized to execute change orders in an amount
not to exceed 13% of the base bid, or two hundred nine thousand eight hundred twenty-
six dollars and two cents ($209,826.02).
8. City staff is hereby directed to issue a Notice of Award to Team Ghilotti, Inc. for this
project.
9. The Assistant City Manager is hereby authorized and directed to execute Consultant
Service Agreement with Substrate, Inc. in substantially similar form to Exhibit B, which
is attached hereto and incorporated by this reference, for the sum of one hundred twenty-
five thousand dollars and zero cents ($125,000.00).
10. The Finance Director is authorized to increase appropriations to Project No. 2017-17 and
transfer$12,240.00 from the refuse road impact fee, transfer$123,000.00 from the gas
tax, $153,000.00 from the gas tax SB1 RMRA, transfer $225,000.00 from Measure M,
transfer $153,420 from the infrastructure fund, transfer $50,000 from the Pothole Repair
Maintenance Project (CIP 2206), and $120,000 from the Southwest/Commerce
Roundabout Project(CIP 1707) totaling $836,660.00 to Project 2017-17.
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
Resolution 2022-044
2
other portion may be held invalid or unconstitutional.
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 10th day of May, 2022.
CITY OF ROHNERT PARK
ATTEST: ie Elwa ,
Elizabeth Machado, Deputy City Clerk
GIUDICE: (Al* HOLLINGSWORTH-ADAMS: Ptt P, STAFFORD: PvLiQ LINARES: �t7- 1P
ELWARD: „`
AYES: ( ) NOES: ( ) ABSENT: ( ) ) ABSTAIN: ( )
Resolution 2022-044
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ATTACHMENT 1: PROJECT LOCATION MAP
East Cotati Avenue Paving Project Page 1-1
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C O N T R A C T
EAST COTATI AVENUE PAVING
PROJECT NO. 2017-17
THIS AGREEMENT, made and entered into this 10th day of May, 2022, by and between Team
Ghilotti, Inc., hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City".
W I T N E S S E T H :
WHEREAS, the City Council of said City has awarded a contract to Contractor for
performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor.
NOW, THEREFORE, IT IS AGREED, as follows:
1.Scope of Work: The Contractor must perform all the work and furnish all the labor,
materials, equipment and all utility and transportation services required to complete all of the work of
construction and installation of the improvements more particularly described in the Resolution
adopted by the City Council of said City on May10,2022, 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 ninety (90) 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 $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, Six Hundred Fourteen
Thousand, Forty Six Dollars and Thirty Two Cents ($1,614,046.32).
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
EXHIBIT A
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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.
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Nothing in this Contract prevents Contractor or any subcontractor from employing properly
registered apprentices in the execution of the Contract. Contractor is responsible for compliance
with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that
contractors and subcontractors must submit contract award information to the applicable joint
apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not
less than one hour of apprentice’s work for every five hours of labor performed by a journeyman
(unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft
or trade or a like amount to the California Apprenticeship Council, and that contractors and
subcontractors must not discriminate among otherwise qualified employees as apprentices solely
on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices
defined in Labor Code section 3077, who are in training under apprenticeship standards and who
have written apprentice contracts, may be employed on public works in apprenticeable
occupations.
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
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C.When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
D.When the assignment of an apprentice to any work performed under a public works
Contract would create a condition which would jeopardize his life or the life, safety,
or property of fellow employees or the public at large, or if the specified task to which
the apprentice is to be assigned is of such a nature that training cannot be provided by
a journeyman, or
E.When the Contractor provides evidence that he employs registered apprentices on all
of his Contracts on an annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds established for the administration
of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable
trade on such Contracts and if other Contractors on the public works site are making such
contributions.
The Contractor and any Subcontractor under him must comply with the requirements of
Section 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be
obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. .
9.Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which
reads as follows:
"A contractor must not discriminate in the employment of persons upon
public 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
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by any person or entity including Contractor, in whole or in part, arising out of Contractor’s activities
hereunder, including the activities of other persons employed or utilized by Contractor including
subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due
to the sole negligence, intentional misconduct or active negligence of the City. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable by or for Contractor under Worker's Compensation, disability or other
employee benefit acts or the terms, applicability or limitations of any insurance held or provided by
Contractor and must continue to bind the parties after termination/completion of this Agreement.
Contractor shall procure and maintain throughout the time for performance of the work under
this Contract the insurance required by the Special Provisions. The requirement that Contractor
procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to
indemnify City as provided in the paragraph above.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
12.City Right of Termination and Right to Complete the Work. The City may
terminate the Contract when conditions encountered during the work make it impossible or
impracticable to proceed, or when the City is prevented from proceeding with the Contract by act
of God, by law, or by official action of a public authority. In addition, the occurrence of any of
the following is a default by Contractor under this Contract:
A.Contractor refuses or fails to prosecute the Work or any part thereof with
such diligence as will insure its completion within the time specified or any
permitted extension.
B.Contractor fails to complete the Work on time.
C.Contractor is adjudged bankrupt, or makes a general assignment for the
benefit of creditors, or a receiver is appointed on account of Contractor’s
insolvency.
D.Contractor fails to supply enough properly skilled workers or proper
materials to complete the Work in the time specified.
E.Contractor fails to make prompt payment to any subcontractor or for
material or 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.
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In event of any such termination, City will also immediately serve written notice of the
termination upon Contractor’s surety. The surety will have the right to take over and perform
pursuant to this Contract; provided, however, that if the surety does not give City written notice of
its intention to take over and perform this Contract within five days after service of the notice of
termination or does not commence performance within 10 days from the date of such notice, City
may take over the Work and prosecute the same to completion by contract or by any other method
it may deem advisable for the account and at the expense of Contractor. Contractor and the surety
will be liable to City for any and all excess costs or other damages incurred by City in completing
the Work.
If City takes over the Work as provided in this Section, City may, without liability for so
doing, take possession of, and utilize in completing the Work, such materials, appliances, plant,
and other property belonging to Contractor as may be on the site of the Work and necessary for
the completion of the Work.
13.Substitution of Securities for Withheld Amounts: Pursuant to California Public
Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public
agency to ensure performance under a contract. At the request and sole expense of the Contractor,
securities equivalent to the amount withheld must be deposited with the public agency, or with a state
or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon
satisfactory completion of the contract.
Securities eligible for substitution under this section must include those listed in the California
Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The
Contractor must be the beneficial owner of any securities substituted for moneys withheld and must
receive any interest thereon.
Alternatively, the Contractor may request and the City shall make payment of retentions
earned directly to the escrow agent at the expense of the Contractor. At the expense of the
Contractor, the Contractor may direct the investment of the payments into securities and the
Contractor shall receive the interest earned on the investments upon the same terms provided for
in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the
Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments
received by the escrow agent from the City, pursuant to the terms of this section.
Any escrow agreement entered into pursuant to this section must contain as a minimum the
following provisions:
a.The amount of securities to be deposited;
b.The terms and conditions of conversion to cash in case of the default of the Contractor;
and
c.The termination of the escrow upon completion of the contract.
14.General Provisions
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.
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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. Bindi ng Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
D. Integrated Contract. This Contract, including the Contract Documents, is
the entire, complete, final and exclusive expression of the Parties with respect to the Work to be
performed under this Contract and supersedes all other agreements or understandings, whether oral
or written, between Contractor and City prior to the execution of this Contract.
E. Modification of Contract. No amendment to or modification of this
Contract will be valid unless made in writing and approved by Contractor and by the City Council
or Assistant 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.
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TEAM GHILOTTI, INC.
Name/Title Date
APPROVED AS TO FORM:
CITY OF ROHNERT PARK
___________________________________
Assistant City Manager Date
Per Resolution No. ___________ adopted by the Rohnert Park City
Council at its meeting of May 10, 2022.
ATTEST:
___________________________________
_ City Clerk City Attorney
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3.Scope and Performance of Services
A.Scope of Services. Subject to such policy direction and approvals as the
City through its staff may determine from time to time, Consultant shall perform the services set
out in the “Scope of Work” attached hereto as Exhibit A and incorporated herein by reference.
EXHIBIT A
CONSULTANT SERVICES AGREEMENT
RE: EAST COTATI AVENUE PAVING PROJECT, PROJECT 2017-17
This AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is entered into as
of the 10th day of May, 2022 , by and between the City of Rohnert Park ("City"), a California
municipal corporation, and Substrate, Inc. ("Consultant"), a California corporation, with
reference to the following facts, understandings and intentions.
Recitals
WHEREAS, City desires to obtain construction management and inspection
services; and
WHEREAS, Consultant hereby warrants to City that Consultant is skilled and
able to provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to
provide the services described in Section 3 of this Agreement, subject to the terms and
conditions of this Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties
hereto agree as follows:
1. Incorporation of Recitals. The recitals and all defined terms set forth above are
hereby incorporated into this Agreement as if set forth herein in full.
2. Project Coordination. Authorized representatives shall represent City and
Consultant in all matters pertaining to this Agreement.
A. City. The Assistant City Manager or his/her designee shall
represent City for all purposes under this Agreement, except where approval for the City is
specifically required by the City Council. The Senior Engineer is hereby designated as the
project manager (“Project Manager”). The Project Manager shall supervise the progress and
execution of this Agreement.
B. Consultant. The Consultant shall assign Sunny Jhutti, P.E.,
Resident Engineer, to have overall responsibility for the progress and execution of this
Agreement for Consultant.
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B. Time of Performance. The services of Consultant are to commence upon
receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
satisfactory evidence thereof, to City. The services of Consultant are to be completed not later
than December 31, 2022. Consultant shall perform its services in accordance with the proposal
attached hereto as Exhibit A, and incorporated herein by reference. Any changes to these dates in
Section 3 must be approved in writing by the Assistant City Manager.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts
to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable
legal requirements; and 3) with the standard of quality ordinarily to be expected of competent
professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all
errors made in the provision of services under this Agreement. In the event that Consultant fail
to make such correction in a timely manner, City may make the correction and charge the cost
thereof to Consultant.
4.Compensation and Method of Payment.
A.Compensation. The compensation to be paid to Consultant, including both
payment for professional services and reimbursable expenses, shall be at the rate and schedules
attached hereto as Exhibit B, and incorporated herein by reference. Consultant shall not bill for
travel time. However, in no event shall the amount City pays Consultant exceed one hundred
twenty-five dollars and zero cents ($125,000.00). Payment by City under this Agreement shall
not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at
the time of payment.
B.Timing of Payment.
(1)Consultant shall submit itemized monthly statements for work performed.
All statements shall include adequate documentation demonstrating work
performed during the billing period and shall conform to Federal Funding
invoicing requirements, if applicable. Except as otherwise provided
herein, City shall make payment, in full, within thirty (30) days after
approval of the invoice by City.
(2)Payments due and payable to Consultant for current services must
be within the current budget and within an available, unexhausted and
unencumbered appropriation of the City. In the event the City has not
appropriated sufficient funds for payment of Consultant services beyond
the current fiscal year, this Agreement shall cover only those costs
incurred up to the conclusion of the current fiscal year; payment for
additional work is conditional upon future City appropriation.
C.Changes in Compensation. Consultant will not undertake any work that
will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior
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written amendment to this Agreement. City shall have the right to amend the Scope of Work
within the Agreement by written notification to the Consultant. In such event, the compensation
and time of performance shall be subject to renegotiation upon written demand of either party to
the Agreement. Consultant shall not commence any work exceeding the Scope of Work without
prior written authorization from the City. Failure of the Consultant to secure City's written
authorization for extra or changed work shall constitute a waiver of any and all right to
adjustment in the contract price or time due, whether by way of compensation, restitution,
quantum meruit, etc. for work done without the appropriate City authorization.
D. Taxes. Consultant shall pay all taxes, assessments and premiums under
the federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no premium or
enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours
per work week, or work performed during non-standard business hours, such as in the evenings
or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on
a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it
be in the form of sick leave, administrative leave, or for any other form of absence.
F. Litigation Support. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the
action is brought by Consultant or is based upon Consultant's negligence, City will compensate
Consultant for the preparation and the testimony at Consultant's standard hourly rates, if
requested by City and not part of the litigation brought by City against Consultant.
5. Term. This Agreement shall commence upon its execution by both parties and
shall continue in full force and effect until completed, amended pursuant to Section 19, or
otherwise terminated as provided herein.
6. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if
any, shall be subject to the Project Manager's inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
7. Ownership of Documents. Title, including the copyright and all intellectual
property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings,
descriptions, designs, data, photographs, reports and any other final work products compiled,
prepared or obtained by the Consultant under the Agreement shall be vested in City, none of
which shall be used in any manner whatsoever, by any person, firm, corporation, or agency
without the expressed written consent of the City. Consultant shall assume no responsibility for
the unintended use by others of such final work products which are not related to the scope of the
services described under this Agreement. Basic survey notes and sketches, charts, computations,
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and other data prepared or obtained under the Agreement shall be made available, u pon request,
to City without restriction or limitations on their use. Consultant may retain copies of the above-
described information but agrees not to disclose or discuss any information gathered, discussed
or generated in any way through this Agreement without the written permission of City during
the term of this Agreement, unless required by law.
8. Employment of Other Consultants, Specialists or Experts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for
services in connection with this Agreement without the prior written approval of the City.
9. Conflict of Interest Requirements.
A. Consultant covenants and represents that neither it, nor any officer or
principal of its firm, has, or shall acquire any investment, income, business entity, interest in real
property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder Consultant's performance of services under this Agreement, or be
affected in any manner or degree by performance of Consultant's services hereunder. Consultant
further covenants that in the performance of the Agreement, no person having any such interest
shall be employed by it as an officer, employee, agent, or subcontractor wi thout the express
written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
B. Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(1) will not have the power to make any governmental decision, including
whether to: approve any rates, rules, regulations, policies, standards, or
guidelines of the City or any of its subdivisions; adopt or enforce any
laws; issue, deny, suspend, or revoke any permit, license, application,
certificate, order, or any similar authorization or entitlement; authorize,
modify, or renew any form of City contract; grant approval to any City
contract specifications on behalf of the City; or grant City approval for
any plans, designs, reports, or similar; and
(2) will not participate in the making of any governmental decision in the
equivalent of a staff capacity — for the purposes of this provision,
“participating in a governmental decision” including providing
information, an opinion, or a recommendation directly to any person at
the City empowered to make a decision on behalf of the City without
significant intervening substantive review; and
(3) will not perform the same duties for the City that would otherwise be
performed by a staff member required to report under the City’s conflict
of interest code. (2 Cal. Code Regs. § 18700.3.)
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10. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to
Consultant or otherwise in the event of any default or breach of the City, or for any amount
which may become due to Consultant or any successor in interest, or for any obligations directly
or indirectly incurred under the terms of this Agreement. To the maximum extent permitted by
law, the City shall have no liability or responsibility for any accident, loss, or damage to any
work performed under this Agreement whether prior to its completion or acceptance or
otherwise.
11. Indemnity.
A. Indemnification. To the fullest extent permitted by law, Consultant shall,
at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City)
and hold harmless City and any and all of its officers, officials, employees, agents and volunteers
(“Indemnified Parties”) from and against any and all liability (including liability for claims,
demands, damages, obligations, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs and
expert witness fees) of any nature (“Liability”), whether actual, alleged or threatened, which
arise out of, pertain to, or relate to the performance or failure to comply with this Agreement,
regardless of any fault or alleged fault of the Indemnified Parties.
For design professionals (as that term is defined by statute) acting within the scope of their
professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense,
indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any
Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened,
which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of
the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended
from time to time.
The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold
harmless the Indemnified Parties from Liability is due to the active negligence or willful
misconduct of City or its elective or appointive boards, officers, agents and employees.
B. Scope of Obligation. Consultant’s duty to indemnify, protect, defend and
hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel
reasonably satisfactory to the City) as set forth in California Civil Code § 2778. 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 Consultant under worker’s compensation, disability
or other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by Consultant and shall continue to bind the parties after termination/completion of this
agreement. This indemnification shall be regardless of and not in any way limited by the
insurance requirements of this contract. This indemnification is for the full period of time
allowed by law and shall survive the termination of this agreement. Consultant waives any and
all rights to express or implied indemnity against the Indemnified Parties concerning any
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Liability of the Consultant arising out of or in connection with the Agreement or Consultant’s
failure to comply with any of the terms of this Agreement.
Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11
shall not be excused because of the Consultant’s inability to evaluate Liability, or because the
Consultant evaluates Liability and determines that the Consultant is not or may not be liable.
The Consultant must respond within thirty (30) calendar days to any tender by the City, unless
the time for responding has been extended by an authorized representative of the City in writing.
If the Consultant fails to timely accept such tender, in addition to any other remedies authorized
by law, as much of the money due or that may become due to the Consultant under this
Agreement as shall reasonably be considered necessary by the City may be retained by the City
until disposition has been made of the matter subject to tender, or until the Consultant accepts the
tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not
limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to
matters prior to Consultant’s acceptance of the tender.
12. Independent Contractor. It is expressly agreed that Consultant, in the
performance of the work and services agreed to be performed by Consultant, shall act as and be
an independent contractor and not an agent or employee of City and shall have responsibility for
and control over the details and means of providing its services under this Agreement.
Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation
and services necessary for the successful completion of the services under this Agreement. As
an independent contractor, Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby express ly waives any claim it
may have to any such rights. Consultant, its officers, employees and agents shall not have any
power to bind or commit the City to any decision.
13. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. City is not
responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph or in this Agreement.
B. Workers' Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self -insurance in accordance with the
provisions of that Code, and Consultant certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the
Agreement.
C. Prevailing Wage. Consultant and Consultant's subconsultants (if any)
shall, to the extent required by the California Labor Code, pay not less than the latest prevailing
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wage rates to workers and professionals as determined by the Director of Industrial Relations of
the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of
the applicable wage determination are on file at the City's office of the City Clerk.
D.Injury and Illness Prevention Program. Consultant certifies that it is aware
of and has complied with the provisions of California Labor Code § 6401.7, which requires
every employer to adopt a written injury and illness prevention program.
E. Business Licenses. Unless exempt by law, Consultant and all
subconsultants shall have acquired, at Consultant’s expense, a business license from the City in
accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an
authorization to proceed with the Services. Such license(s) shall be kept valid throughout the
term of this Agreement. City may withhold compensation from Consultant until such time as
Consultant complies with this section.
14.Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential
and not to be disclosed to any person except as authorized by City, or as required by law.
15.Assignment; Subcontractors; Employees
A.Assignment. Consultant shall not assign, delegate, transfer, or convey its
duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in
or to the same or any part thereof without the City's prior written consent, which shall be in the
City’s sole discretion. Any assignment without such approval shall be void and, at the City's
option, shall immediately cause this Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant hereunder.
No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors
are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of
the Project Manager.
16. Insurance. Without limiting Consultant’s indemnification provided herein,
Consultant shall, at its own expense, procure and maintain insurance that complies with the
requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated
by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the
amounts and terms of insurance as may be required from time-to-time by City’s risk manager.
17.Termination of Agreement; Default.
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A. This Agreement and all obligations hereunder may be terminated at any
time, with or without cause, by the City upon five (5) days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this Agreement
within the time and in the manner herein provided or otherwise violates any of the terms of this
Agreement, in addition to all other remedies provided by law, City may terminate this
Agreement immediately upon written notice. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
termination, it being understood that any payments are full compensation for services rendered
prior to the time of payment.
D. Upon termination of this Agreement with or without cause, Consultant
shall turn over to the Assistant City Manager immediately any and all copies of studies,
sketches, drawings, computations, and other data, whether or not completed, prepared by
Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in
connection with this Agreement. Such materials shall become the permanent property of
the City. Consultant, however, shall not be liable for the City's use of incomplete materials
nor for the City's use of complete documents if used for other than the project contemplated by
this Agreement.
18. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Consultant to perform any provision of
this Agreement. Consultant will be paid for satisfactory services performed prior to the date of
suspension. During the period of suspension, Consultant shall not receive any payment for
services or expenses incurred by Consultant by reason of such suspension.
19. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between City and Consultant and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Consultant. All provisions of
this Agreement are expressly made conditions.
20. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort and no provisions shall be interpreted against a party on the ground that
said party was solely or primarily responsible for drafting the language to be interpreted.
21.Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
22.Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a
written notice from City to proceed with work required by this Agreement, Consultant shall
immediately commence work to perform the services required in accordance with the schedule
of work. In the event that the Agreement does not include a fixed schedule for completion of
work, Consultant shall diligently prosecute all work until completion.
23. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth below. Either party
may change its address by notifying the other party of the change of address. Notice shall be
deemed communicated within 72 hours from the time of mailing if mailed as provided in this
section.
If to City: City Clerk
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Consultant: Attn: Sunny Jhutti, P.E., S.E.
Substrate, Inc.
270 Crest Road
Novato, CA 94945
24.Consultant's Books and Records.
A.Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City and all documents and records
which demonstrate performance under this Agreement for a minimum period of three (3) years,
or for any longer period required by law, from the date of termination or completion of this
Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, Assistant City Manager, or a
designated representative of any of these officers. Copies of such documents shall be provided
to City for inspection when it is practical to do so. Otherwise, unless an alternative is
mutually agreed upon, the records shall be available at Consultant's address indicated for receipt
of notices in this Agreement.
C. The City may, by written request by any of the above-named officers,
require that custody of the records be given to the City and that the records and documents b e
maintained in the City Manager's office.
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25. Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
26. Equal Employment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant for
employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or
national origin. Consultant will take affirmative action to ensure that applicants are treated
during such employment without regard to race, religion, age, sex, creed, color, sexual
orientation, marital status, or national origin. Such action shall include, but shall not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. Consultant further agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
27. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the
right to provide, and to retain other consultants to provide, services that are the same or similar to
the services described in this Agreement.
28. City Not Obligated to Third Parties. The City shall not be obligated or liable for
payment hereunder to any party other than Consultant.
29. Remedies/Waiver. No failure on the part of either party to exercise any term,
covenant, condition, right or remedy hereunder shall operate as a waiver of any other term,
covenant, condition, right or remedy that such party may have hereunder. All remedies
permitted or available under this Agreement, or at law or in equity, are cumulative and
alternative. As a condition precedent to commencing legal action involving a claim or dispute
against the City arising from this Agreement, the Consultant shall comply with claims
presentation requirements under the Government Tort Claims Act, California Government Code
Sections 900 et seq. and the Rohnert Park Municipal Code.
30. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
31. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
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C.Exhibit C: Insurance Requirements
32.Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
33.News Releases/Interviews. All Consultant and subconsultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by City.
34.Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that a trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
35.Authority. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first
above written.
CONSULTANT
By:
Title:
Date:
CONSULTANT
By:
Title:
Date:
CITY OF ROHNERT PARK
By: __________________________________
Assistant City Manager
Date:
Per Resolution No. 20__-__adopted by the Rohnert Park
City Council at its meeting of May 10th, 2022.
APPROVED AS TO FORM:
By: __________________________________
City Attorney
ATTEST:
By: __________________________________
City Clerk
Exhibit A
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EXHIBIT A
Scope of Work and Schedule of Performance
EXHIBIT A
April 6, 2022
Mr. Justin Brandt, Senior Engineer
City of Rohnert Park
Public Works
600 Enterprise Drive
Rohnert Park, CA 94928
Substrate, Inc
270 Crest Rd
Novato, CA 94945
T: 415.246.4920
substrateinc.com
Sunny Jhutti, PE, SE
Construction Manager
sunny@substrateinc.com
Subject: Proposal for Construction Management and Inspection Services for the East Cotati Avenue Paving Project
Dear Mr. Brandt:
Substrate, Inc is pleased to submit this Proposal to provide Construction Management and Inspection Services for the East
Cotati Avenue Paving Project for the City of Rohnert Park. We are confident that we have organized the right team that is
the right fit for the City of Rohnert Park’s needs on this project.
The City of Rohnert Park is endeavoring to construct the new the $800-880K dollar East Cotati Avenue Paving Project from
Sunflower Drive to Snyder Lane. The work is described generally as pavement rehabilitation with full depth reclamation of
the existing structural section with 7.5 inches asphalt overlay or grinding and asphalt overlay, replacement of damaged curb,
gutter and sidewalk, median island relocation and reconstruction, roadway signs and striping. This project is funded by the
City’s Gas Tax, SB1, Measure M Transportation, Road Refuse Impact Fund, and Infrastructure Reserve Funds and is expected
to be a 65 WD Duration.
Substrate, Inc. will perform the complete package of construction management, construction inspection, and geotechnical and
materials testing services. It is anticipated that the project will require a full-time Construction Inspector to oversee the day-
to-day operations, with a part-time Resident Engineer to manage the project, and as-needed Geotechnical and Materials
Testing.
Maintaining a positive perception with stakeholders on this project is imperative. Such stakeholders include: the City of
Rohnert Park, the City of Cotati, nearby residents and business and the commuters of East Cotati Avenue. It’s important to
ensure the project construction activities do not impact the East Cotati Avenue commuters and Sonoma State University. It is
also a very important route for bicyclists.
By far the most challenging aspect of this project is the implementation of Full Depth Reclamation. Full-Depth Reclamation is
a type of complete road reconstruction where the old pavement and base materials are not removed. Instead, they are
processed on-site. During this process, the old materials are pulverized, mixed, and treated with a stabilizing agent (such as
cement or asphalt emulsion) to produce a like-new road base. We want you to be rest assured as you are in trusted hands
with Substrate, as our proposed Full-Time Inspector Ed Ekberg is in the last 5 years Ed has been involved in miles of FDR
construction, including FDR with Cement Slurry, FDR with Lime Treatment, and FDR with Cement Treated Subgrade for SB1
Paving Projects.
Substrate, Inc is a Northbay based certified DBE and SBE firm specializing in providing construction management services
for federally funded structures projects. This project will require an experienced construction management team that has
relevant experience with working on projects similar in size and scope, specifically pavement rehabilitation, including
FDR, Overlay, Curb, Gutter & Sidewalk Construction.
Substrate has a proven successful track record with relevant roadway projects - our firm has successfully been involved in
several federally funded construction management projects throughout Northern California and Sonoma County in particular.
We understand how important this project is to the City and that is why we have carefully selected the right people with
right project experience for this Project. Sunny and Ed have worked for many major CM companies in the past, especially in
the Northbay. These include HNTB, AECOM, LAN Engineering, Sequoia, CH2MHILL, 4Leaf, Coastland, NV5, and Park
Engineering. They bring all this institutional knowledge to Substrate.
Page 1 of 29 East Cotati Avenue Paving Project
The following is the value we bring to the City of Rohnert Park:
Local, Streamlined, and Efficient Team – We assembled a local team that provides the best value and meets the needs and
project objectives for the City of Rohnert on this pursuit. The proposed part-time Construction Manager/Resident
Engineer, Sunny Jhutti, PE, SE (Substrate) and full-time Senior Inspector, Edwin Ekberg (Substrate), are locals, living in
Novato and Napa, respectively, and are within a quick commute to the jobsite.
Ed Ekberg is intelligent, forward thinking, and proactive Senior Inspector with more than 30 years’ experience specializing
in public works construction. Ed has worked on numerous pavement rehab projects including FDR on the following
projects in the last 5 years:
Cleveland Lane - Western Ave to Bodega Ave - FDR Union Road - FDR & Chip Seal – 1/4 Mile – FDR
Green Valley Rd - Sullivan Rd to Hwy 116 - FDR Laughlin Road - Slusser Rd to North Laughlin Rd - FDR
Pleasant Hill Rd - Lynch Rd north to City Limits (Sebastopol) - FDR Willowside Road - Guerneville Rd to Piner Rd – FDR
Sacramento Street – FDR with Cement Treated Subgrade Clenga Rd - FDR & Chip Seal – ¼ Mile - FDR
San Felipe Rd – FDR with Cement Slurry ½ Mile - FDR Little Panoche Rd – FDR with Cement Treated Subgrade
– 7 miles.
We have local Miller Pacific Engineering Group on board for Geotechnical Inspection Services and Material Testing
(Caltrans Certified Lab). MPEG has extensive knowledge of the testing of subgrade and FDR. Verux Inc is on board for QA
SWPPP Inspections. The aforementioned team has been structured which we believe provides the maximum value to the
City, while keep costs within reason and the budget will be managed very tightly. Substrate has a reputation for fair cost
proposals and managing the project under the CM budget.
Caltrans Structure’s Background and Sonoma County Familiarity – As a former Caltrans Construction Engineer, Sunny
worked 14 years for Caltrans as an employee and Consultant in Sonoma County. He has instant rapport with District 4 -
Sonoma Area Managers, and Caltrans Division of Local Assistance. Substrate has also worked for Sonoma County and the
City of Sonoma. Sunny has over 23 years of federally funded project experience and thoroughly familiar with Caltrans
Oversight procedures and federal funding requirements. He is a specialist on the Caltrans 2018 Standard Specifications
and Local Agency Procedure’s Manual. He is a former Caltrans Bridge Engineer and is an expert on the Caltrans 63 Category
filing system and LAPM Chapters 16, and 17.
Finally, Substrate has created a Project Specific Quality Assurance Plan (QAP) with Quality Assurance testing frequencies
according to LAPM Exhibit 16R. As sample of what is contained in the QAP includes: Scope of Work, Org Charts and
Responsibilities, Items, Testing Frequencies, Testing Standards, Source Inspection with Priority Level, Roles and
Responsibilities, Qualified Testing Agency (MPEG), Certified Laboratory Requirements, Tester Certifications, Buy America
Requirements and how to handle NCR’s. This document keeps our CM team and Testing lab consistent with regards to
testing frequencies, roles and responsibilities.
As President of Substrate, Inc, I am empowered to negotiate a contract with the City and hereby commit to the obligations
contained in the proposal. The sample Professional Services Agreement (PSA) in the RFQ is acceptable as-is. This proposal
is valid for 120 days. Thanks for the opportunity to submit our Statement of Qualifications for consideration and for
reviewing our proposal.
Sincerely,
Sundeep Jhutti, Construction Manager
Firm Project Manager Contact Information
Name and Title: Sunny Jhutti, PE, SE – Construction Manager
Company Name: Substrate, Inc
Address: 270 Crest Rd, Novato, CA 94945
Phone Number: 415-246-4920
Email: sunny@substrateinc.com
Page 2 of 29 East Cotati Avenue Paving Project
Substrate, Inc
FIRM INFORMATION
FIRM PROFILE - EXECUTIVE SUMMARY
Substrate, Inc is a Bay area-based firm specializing in providing construction
management services for federally funded bridge, retaining wall, and roadway
projects. Substrate also had a significant portfolio of private design and construction
management project. Substrate is certified as a Small Business (SB) and a
Disadvantaged Business Enterprise (DBE).
Founded as a design firm in 2007, it has been steadily growing. Since 2015, Substrate
focuses almost entirely on construction management for public works projects for the
state, cities, counties and transportation authorities, working closely with them to
construct capital improvements, as we have thorough knowledge of all Caltrans and
federal processes, procedures and standards for federally funded projects. Substrate,
Inc’s core competencies include:
Roadway and Paving Construction Management and Inspection
Bridge Construction Inspection & Management
Retaining Wall (Soil Nail, Tieback, Soldier Pile, MSE, etc.) Construction Inspection
& Management
Substrate has a proven successful track record - members of our firm have successfully
been involved in several construction management projects throughout California for
clients such as – Sonoma County, City of Sonoma, City of San Rafael, Novato, CCTA, Contra
Costa County, City of Vallejo, CALTRANS, BART, and various other local agencies. The
principal of Substrate is former Caltrans Division of Structure’s Construction Bridge
Engineer with both a design and construction background.
Substrate’s staff contains specialists who have extensive experience in the construction
management of bridges, roadways, highways, retaining walls, freeways and interchanges.
Our personnel take an active role in managing projects to maintain our clients’ schedules
and budgets, which makes us ideally suited to provide construction management and
inspection services for the City of Rohnert Park. We have experience in providing
construction management services on a myriad of project types, including roadway and
street improvements, retaining walls (all-types), bridge widenings and replacements,
interchange improvements, grade separations, and building structures.
Demonstrated Knowledge of the Scope of Work
We understand the scope of work for this contract have worked on similar projects for
various local agencies and Caltrans. For Civil work, we have done complete street and
sewer rehabilitations, pipe bursting and open cut, storm drains, ADA sidewalk and ramp
construction, driveways, pipe-jacking, electrical and fiber optics, signals and street lighting,
overlays and full-depth HMA replacement, etc.
Team Capabilities
Resident Engineer – Sunny Jhutti, PE, SE, and Senior Inspector – Ed Ekberg have over 55
years of Federally-Funded Bridge and Roadway construction experience. Sunny Jhutti, PE,
SE is considered a Caltrans Structures subject matter expert. Ed Ekberg, Senior Inspector,
has over 30 years of Civil Construction Experience including: Paving Rehabilitations, Storm
Drain, Sewers, Street Scaping, HMA Paving, FDR, and ADA compliant Sidewalks and Ramps.
Though Sunny comes from a Caltrans Background, both Sunny and Ed have worked for
many major CM companies in the past, especially in the Northbay. These include HNTB,
AECOM, LAN Engineering, Sequoia, CH2MHILL, 4Leaf, Coastland, NV5, and Park
Engineering. They bring all this institutional knowledge to Substrate.
SUBSTRATE, INC - SNAPSHOT
Firm Name and Location:
SUBSTRATE, INC
270 Crest Rd
Novato, CA 94945
(415) 246-4920
Established: 2007 as design firm. Started
Construction Management in 2015.
Entity Type: C-Corporation
(privately held)
Primary Company Contacts:
Chief Executive Officer: Sunny
Jhutti (415) 246-4920
Number of Employees:
4 Full-Time Employees. 3 Part-Time
Employees
DBE:
38385
Consultant Specialties:
Construction Management
Project Management
Resident Engineering
Structures Representative
Structural Engineering
Civil / Roadway Inspection
Structures Inspection
Project Administration
Claims Mitigation / Analysis
Office Engineering
Constructability Reviews
Bid Support and Analysis
Payroll Certification
Labor Compliance
Partial Client List:
Sonoma County, City of Sonoma
City of Novato, City of San Rafael, City of
Vallejo, Contra Costa County, Caltrans,
Transbay Joint Powers Authority, BART,
City of Larkspur, City of Mill Valley,
Contra Costa Transit Authority
Page 3 of 29 East Cotati Avenue Paving Project
Substrate, Inc
SCOPE OF WORK - TASK SUMMARY
Substrate, Inc. will perform the complete package of construction management, construction inspection, and materials
testing services that the City needs to successfully complete the East Cotati Avenue Paving Project. It is anticipated that
the project will require a full-time Construction Inspector to oversee the day-to-day operations, with a part-time
Resident Engineer to manage the project, and as-needed Materials Testing. The Team will perform all the tasks listed in
the RFQ. Below we have highlighted some key items to demonstrate important aspects of the work. We at Substrate, Inc
have found that the successful delivery of a project, begins by providing expert staff support in all three phases of the
construction project delivery:
Task 1 - Pre-Construction Services
Task 2 - Construction Services
Task 3 - Post-Construction Services
Task 1 - Pre-Construction Management Services - $8,500
We will perform Photographic Documentation of Pre-Construction Conditions.
We will Create independent baseline schedule prior to review contractor’s proposed baseline schedule.
We will Assist the City with any pre-construction Utility Coordination Meetings. Establish contact with all the
utility companies involved in the project for coordination efforts during construction.
We will assist the City with any preliminary tree cutting or clearing and grubbing activities including the need for an
Arborist prior to tree cutting.
We will Develop a Project Specific Quality Assurance Plan for all material testing and source inspection.
We will Develop a Site-specific Code of Safety Practice (IIPP) for the jobsite.
We will conduct the Pre-Construction meeting (Contractor, City, Utilities and other stakeholders). We will lead the
pre-construction meeting with all involved parties. Meeting agenda & follow-up minutes will be prepared and
distributed to ensure that all discussions, agreements and understandings are documented.
We will Coordinate with City staff, utility companies, and other stake holders to prepare the project site and
the staging areas for the start of construction.
We will Conduct a community meeting prior to start of construction to explain the project, construction events
and schedules, and the Public Outreach program.
We will Develop list of anticipated Contractor submittals with milestones by which the submittal will be made,
and the timeframe allowed for review.
Task 2 - Construction Management Services - $113,000
PROJECT MEETINGS:
We will schedule, conduct and document Weekly Progress Meetings with the Contractor and project partners to
update the critical project items and schedule.
This shall include conducting and preparation of agenda and meeting minutes for:
Weekly Construction Coordination and Safety meetings with contractor.
Pre-construction Utility Meeting with PG&E, Comcast, AT&T, City Water, City Sewer, Etc.
Other project meetings, as needed.
SCHEDULE:
Review and analyze contractor’s submitted construction schedule Review of contractor’s schedule
submittals for accuracy and reasonableness.
Page 24 of 29 East Cotati Avenue Paving Project
Substrate, Inc
We will review the Contractor’s schedule for compliance with the specifications and will compare work
progress against the schedule.
Review contractor’s schedule to be sure that the logic is accurate, and that the contractor has
met requirements of the contract.
Review work progress as compared to the planned schedule and notify contractor of schedule
slippage. We will work with the contractor to develop plans to recover from any schedule
slippage to bring the project in on time.
Monitor the contractor’s progress against their base-line schedules. Maintain an up to-date project
schedule on a monthly basis with controlling operations clearly outlined. Construction management
team shall use the latest version of Primavera Software for monitoring of the contractor’s schedule.
Alert contractor if progress slips below minimum requirements and take action to bring contractor
back on schedule.
We will provide Weekly Construction Updates for the City’s Project Manager detailing completed
& upcoming work with pictures, explanations on schedule changes and any upcoming risks with intended
solutions, and provide general information update on project documents, change orders and claims.
We will evaluate forecasted costs at completion, on a monthly basis. Compare forecasts to the budget at
the bid item level to identify areas of cost overruns/underruns and initiate corrective action as needed.
PUBLIC OUTREACH AND PUBLIC RELATIONS:
Provide a singular direct contact line (phone and email) for public questions/inquires shall be provided and should be
capable of responding to public questions/inquires within 24 hours. (Sunny Jhutti – Substrate: 415-246-4920,
sunny@substrateinc.com)
Weekly progress/status update to the City containing the following information:
What is happening that coming week? (Substrate)
What to expect with regards to the work? (detours, expected traffic delays, lane closures, etc.) (Substrate)
Map of work areas, detours, lane closures, with clearly defined labels. (Substrate)
Big picture progress and milestone completions. (Substrate)
Project information conforming with the above should be presented in a visually desirable way with easy to
understand text and graphical elements suitable for website publication or as a handout to the public. (Substrate)
Timely supplied information for City staff for review and approval. (Substrate)
Approved content will be made available for public access during the preceding the week for which the content was
generated (Substrate)
Coordinate & communicate with adjacent residents/businesses to minimize impact & maintain a positive perception
with neighbors. (Substrate)
Substrate to confirm Notifications have been received 5 days prior in writing and 48 hours verbally and written prior to
work.
We will Maintain a log of all phone calls received.
Listen to citizen’s concerns and work to address them.
Work with the Contractor for prompt resolution of issues.
Circulate fliers, newspaper notifications as appropriate, and as approved by the City about noise and odor
restrictions, period of construction, and suggested alternate routes
Verify that changeable message signs are placed alerting traffic of the period of potential delays during lane
closures if applicable.
Communicate with emergency services about any events that may raise emergency calls from the public.
Page 25 of 29 East Cotati Avenue Paving Project
Substrate, Inc
CONSTRUCTION MANAGEMENT AND RECORDS MANAGEMENT:
We will act as liaison with the City, Contractor, regulatory agencies, utilities and other entities during
construction.
We will Record and Maintain construction documents per Chapter 16 of Local Assistant Procedure Manual.
We will provide document control for all construction correspondences, documents, contractor’s submittals and
activities. Substrate shall provide web-based document management software for this project and provide an
access to the City representatives, the contractors, and designers. The software will be used for submittal tracking,
RFIs, change orders, daily and weekly reports, etc. This filing system shall be approved by City of Rohnert Park prior
to work.
We will Review, respond and maintain a record of all contractor’s RFIs. Provide field recommendations for those RFIs
that need to be responded by the City or Designer
We will Consult with the Designer and the City if the Contractor requests interpretation of the meaning and intent of
the drawings and specifications and assist in the resolution of questions which may arise.
We will Maintain project records in accordance with the Caltrans Construction Manual and Local Assistance
Procedures Manual – 63 Category Filing System for ease of Audit by Caltrans and FHWA.
We will Monitor contractor for labor compliance including posting of posters, conducting Employee
Interviews, and checking Certified Payrolls and Statement of Compliance.
We will monitor the use of DBE contractors to verify goals set for the project are met. We will monitor use
of apprentices to ensure that any job training goals are met.
Daily verification that the Traffic Control is installed per the approved plan.
We will Provide Weekly project activities updates to City staff for internal review.
CONSTRUCTION INSPECTION:
We will Provide Quality Assurance Inspection for contract compliance on a continuous basis. Keep daily records
of inspection, labor, equipment and material provided by the contractor. Provide a weekly summary of all
construction activities.
We will Inspect material and equipment upon delivery for compliance to construction contract documents.
Collect delivery records and certificates of compliance.
We will Recommend acceptance of the work when it is satisfactorily completed. Track noncompliant work
separately until work is satisfactorily completed and accepted.
We will Conduct substantial completion and final inspections, preparing punch lists and monitoring their
completion.
We will Monitor and inspect the contractor’s daily progress. We will Measure field quantities for payment.
We will Prepare Daily Diaries. Prepare daily project RE reports documenting daily activity, conversations, and
coordination.
The on-site inspector will complete a daily report of events that occur at the jobsite. Consultant will implement
a format for these reports which will include the following:
Contractor’s working hours on the jobsite. A separate log will be maintained if the contractor works
two shifts or nights.
Contractor and subcontractor personnel and equipment on the jobsite.
Weather conditions and observations as to the effect on the progress of the work.
Decisions or directions given to the contractor. Items of this nature would be those of usual work
progress with directions to be included in a more formal manner.
Daily utilization of the contractor and subcontractor equipment on the site, and obviously idle or in
temporary storage will be so noted on the report.
Observations connected with the progress of the work including deficiencies or violations of contract
requirements by the contractor.
Page 26 of 29 East Cotati Avenue Paving Project
Substrate, Inc
Materials delivered to the job site, together with indication as to results of inspection thereof.
Observed or potential delays and apparent causes. The contractor’s reaction to these delays will be
noted.
Data relative to claims, extras or deductions. This should include those noted and agreed upon, as well
as potential claims or items of disagreement.
List of visitors, including testing laboratory representatives or others.
We will Prepare Weekly Statement of Working Days (WSOD).
We will Ensure compliance with any ADA requirements and the contract documents.
We will Coordinate sampling and testing of construction materials in accordance with bid documents.
We will Record up-to-date construction changes to use in preparation of the record drawings.
We will Report to City any violations to any applicable regulations.
We will Maintain a copy of the contract documents and construction-related documents at the site.
We will Coordinate all construction activities with the utility companies and other agencies within the project
area and as required by the City.
We will Prepare weekly Newsletter identifying the following:
Project time elapsed (%)
Portion of project completed (%)
Estimated date of completion.
We will Prepare monthly project progress report identifying the following:
Contractor’s construction progress in the month with supporting progress photographs.
Summary of project issues and status of their resolutions.
Construction costs spent to date and the projected completion cost including comparison of forecasts to the
budgets at the bid item level to identify areas of cost overruns/underruns and listing of corrective actions taken
or to be taken.
Assist in preparing monthly estimates Review Extra Work Bills. Conduct quantity calculations and prepare daily
and monthly estimates.
Take adequate photographs to illustrate construction progress, construction problems and solutions to form a
record of critical activities that could support City’s position in potential claims.
Track potential changes and potential claims Review and respond to contractor’s claims Process
Design Change Notices.
Prepare and process all Change Orders including required support documentation and Change Order
Memorandums. Negotiate Change Orders as directed by the City Engineer.
UTILITY AND ROW COORDINATION:
Our RE and inspector will coordinate with utility owners as necessary. Major coordination with PG&E, Comcast,
AT&T, City Water, City Sewer, Etc. and with the property owners, residents/businesses. Review invoices from
stakeholders.
LABOR COMPLIANCE:
Monitoring and Auditing Certified Payrolls in Category 25 per DIR prevailing wage requirements. And Review
Field Labor Compliance and EEO Interviews.
Page 27 of 29 East Cotati Avenue Paving Project
Substrate, Inc
CHANGE ORDER MANAGEMENT:
Status of contractor’s Change Orders / Status of contractor’s potential claims and their resolutions / Status of
Change Request and Change Notices / Status of contractor’s submittals and their reviews / Status of RFIs and
their responses.
We will establish an agreed upon scope of work for any changes and perform an independent cost estimate
and schedule impact for all contractor’s Change Orders. Prior to Change Order negotiations make appropriate
recommendations to City as to the value of all changes, additive or deductive and any impact on schedule.
We will monitor project for compliance with Environmental requirements, Biological Requirements,
WPCP/SWPPP, and all other regulatory agencies requirements.
We will Review the Contractor’s “Best Management Practices” plan prior to beginning of construction. Monitor
the Contractor’s implementation to prevent storm water pollution from related activities in compliance with
the National Pollutant Discharge Elimination System (NPDES).
We will maintain a record set of conformed contract documents continually updated with all revisions and
change orders. Monitor contractor’s records of “as-builts” conditions on the contract drawings and
specifications.
SUBMITTALS:
We will review of all contractor’s submittals (with assistance from design consultant on design-related
submittals) and maintain a record of all the submittals. Submittals to be reviewed by the construction
manager include but are not limited to Shop Drawings and Submittals for: 1). CPM Progress Schedule. 2).
Traffic/Pedestrian/Bicycle Control and Detour Plan (maintaining drivable access). 3). Stage Construction Plan.
4). Public Notification. 5). SWPPP/WPCP Plan. 8). Spill and Countermeasure Plan. 9). Excavation Safety Plan.
10) HMA Mix Design. 11). Concrete Mix Design. 12). Other Plans.
We review up to 30 Material Submittals and up to 10 RFI’s.
SAFETY:
We will ensure safe implementation of the traffic control plans. Develop a Site-Specific Code of Safety Practice
(IIPP) for the jobsite and ensure everyone reads and signs. File in Category 6. Conduct regular safety reviews of
the entire project site for Cal OSHA compliance.
MATERIALS TESTING AND GEOTECHNICAL QUALITY ASSURANCE:
We will provide materials testing for the project. These include and are not limited to: Compaction Testing,
Gradation and SE, AC Temperature, AC and Concrete Batch Plant Inspections, HMA Core Density, Stabilometer,
Concrete Compressive Strength, R-Value, and various other required CTM or ASTM tests, Etc. Review materials
testing results in compliance with contract requirements.
We will retain qualified testing laboratory (Caltrans or AMRL) to provide for testing by the Engineer as required
in the construction contracts and other testing necessary to monitor the contractor’s quality control plan in
accordance with the City’s and Substrate’s Quality Assurance Program. Coordinate Source Inspection as
required per the SIQMP. Deliverables: All Test Results, Logs, QAP, and SIQMP. Check for compliance with Buy
America requirements.
We will ensure that Geotechnical Engineering Quality Assurance Testing is performed per Contract
Requirements.
Page 28 of 29 East Cotati Avenue Paving Project
Substrate, Inc
Task 3 - Post - Construction Management Services - $3,500
At the completion of the project, we will perform inspections of the work to determine if any work is
incomplete.
We will coordinate a walk through with the City and Contractor and will prepare a punch list of the incomplete
work and provide to the Contractor.
We will perform subsequent inspections to confirm that incomplete work has been completed satisfactorily
and inform the City when work is complete for one final inspection.
We will obtain lien waivers, bonds, warranties, and other documents required by the Contract Documents from
the Contractor.
We will ensure all necessary tests and inspections were performed and results provided according to the Plans
and Specifications.
We will Finalize Redline As-Builts and transmit Contract’s Approved As-Builts to the City and Caltrans.
We will Prepare Final Pay Documents.
We will Finalize all contract bid items.
We will Finalize Change Orders and assist with resolution of claims, if reqd.
We will Finalize and resolve all punch list items.
We will prepare all final reports including report of completion for acceptance of the Project. This includes
written certification of substantial conformance with PS&E.
We will assist in project closeout documents in accordance with Chapter 17 of the Local Assistance Procedures
Manual.
We will prepare Final Report of Expenditures for reimbursement in accordance with Chapter 17 of Local
Assistance Procedures Manual (LAPM).
We will package all Deliverables and at the completion of the project, Consultant will turn over all documents
including final redline As-Built drawings. Consultant will coordinate the completion of final As-Built drawings
through the design engineer. A final project report will be prepared summarizing the project and performance
of the contractor. Consultant shall provide all project documents, including red-lined As-Builts, during the
course of the Project to the City on a USB prior to final payment.
We will attend and Facilitate Construction Reviews by Caltrans Local Assistance Construction Oversight
Engineers (COEs) during either preliminary, mid- or post-construction, if requested. If deficiencies are
discovered, provide corrective action.
Page 29 of 29 East Cotati Avenue Paving Project
Exhibit B
OAK #4832-0705-4031 v1
EXHIBIT B
Compensation
[to be inserted]
Pre-Construction Post-CS
Name Company Classification Apr-22 May-22 Jun-22 Jul-22 Aug-22 Subtotal Labor Hrs 2022 Bill Rates 2022 Total
Sunny Jhutti, PE, SE Substrate, Inc RE/Structure Rep 40 32 32 32 20 156 176.83$ 27,585.48$
Edwin Eckberg Substrate, Inc Full Time Inspector 168 168 168 504 150.15$ 75,675.60$
Geotechnical & Materials Testing Miller Pacific Subconsultant Geo/Material Tester Labor+ODC 20,000.00$
SWPPP (QA)Verux ODC Vendor ODC 2,600.00$
Subtotal 125,861.08$
125,000.00$
Assumptions:
April - Preconstruction - Bid Support, Constructability Review, etc.
May 2022 - Full Construction Management - Field Inspection, Meetings, Submittal Review, QA, etc
Ed Ekberg Full-Time Inspector. Sunny Jhutti Part-Time RE (8 hrs a week). No COLA.
PM Services included in Fee (No Charge).
1st Working day to be May 1, 2022 for pricing assumption
3 month construction duration (65 WD).
There are no additional costs for vehicles, etc as it is all captured in the Overhead Rate.
Assume 8 QA Swppp inspections.
Cost Proposal is valid for 120 Days
Date: 4/5/22
Construction Services
The East Cotati Avenue Paving Project - CITY OF ROHNERT PARK
COST PROPOSAL SUMMARY & SCHEDULE
TOTAL Not to Exceed (Labor + ODC)
EXHIBIT B
Date: 4/03/22
Project Number: 21-11938
By: sas
FIELD COSTS
PER SITE HALF FULL
PER UNIT HOUR VISIT DAY DAY
Senior Technician 2 130.14$
Staff Engineer/Geologist 3 130.74$
Staff Engineer/Geologist 2 118.40$
Staff Engineer/Geologist I 107.49$
Staff Technician 2 109.05$
Staff Technician I 102.04$
Prevailing Wage Group 3 209.85$ 1 2 4 8
O/T $35 - Weekend/Hol/Night $45; 4 & 8 hr mins apply 35.00$
Field Vehicle/Equipment 9.00$ 2 4 8
Nuclear Density Tests 8.00$ 1 2 16
Miles 0.80$ 30 30 30
209.85$ 470$ 915$ 1,903$
Estimated SITE HALF FULL
Work Item Description Days HOURS VISIT DAY DAY
1.0 Preconstruction Meeting 1 3
2.0 Subgrade Compaction 4 4
3.0 Baserock Compaction 2 2
7.0 Concrete Sampling 2 2
9.0 AC sampling and compaction 4 2 2
10.0
11.0
12.0
13.0
Totals 3 0 10 2
DOLLARS 629.55$ -$ 9,154$ 3,806$
Total Field Costs: 13,589$
LABORATORY TESTING
Task Description Quantity Unit $ Amount $
1.0 Compaction Curve ASTM 1557 2 $280 560.00$
2.0 Compaction Curve CalTrans 216 $350 -$
3.0 Asphalt Concrete - S-value, Gradation, M.C., Unit Wt. & % Oil 0 $1,000 -$
4.0 Concrete Compression (per Cylinder) 10 $45 450.00$
5.0 Concrete Beam Flex 0 $200 -$
6.0 R-value 1 $390 390.00$
7.0 AC coring 1 $1,200 1,200.00$
8.0 Durability $195 -$
9.0 Gradation/Sieve $150 -$
10.0 Class II AB Suite (Rvalue,Sieve, Durability & Sand Equiv) 2 $1,000 2,000.00$
Total Lab Costs: 2,600.00$
Project Meetings, Consult, RFIs, Submittal Reviews, Reports
Personnel Title Hours $/Hour Amount $
SAS Principal Eng/Geologist 3 6 281.13$ 1,686.78$
MPM Principal Eng/Geologist 2 -$
DSC / EAD Principal Eng/Geologist I -$
BSP Associate Engineer I -$
MFJ Senior Geologist 2 -$
RCA Senior Engineer I -$
PDC Project Engineer 3 -$
PDC / NGK / SLM Project Engineer 2 -$
AJM / JTO Sr. Tech 2 6 135.96$ 815.76$
MMT / ENE / ZMS Staff Engineer/Geologist 3 6 136.58$ 819.48$
NAR Staff Technician 2 -$
TWM / JMO / BPC Staff Technician I -$
KRB / MLT Project Asst./Word Processor -$
Total Engineering Costs: 3,322.02$
Subtotal: 19,511$
Contingency:5%976$
Total: 20,487$
Use for Budget:20,000$
Rev: 4/19
MILLER PACIFIC ENGINEERING GROUP
Field Observation & Testing Budget Estimate Worksheet
East Cotati Avenue
Rohnert Park, California
Exhibit C
OAK #4832-0705-4031 v1
EXHIBIT C
INSURANCE REQUIREMENTS for Consultant Services Agreement
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less
than $1,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or
the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering,
Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-
owned), with limit no less than $1,000,000 per accident for bodily injury and property
damage.
3. Workers’ Compensation insurance as required by the State of California, with
Statutory Limits, and Employer’s Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease. (Not required if consultant provides
written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the
Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess
of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations
performed by or on behalf of the Consultant including materials, parts, or equipment
Exhibit C
OAK #4832-0705-4031 v1
furnished in connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Consultant’s insurance (at least as broad
as ISO Form CG 20 10 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG
20 37 forms, if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be
primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 with
respect to the City, its officers, officials, employees, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers
shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled,
except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer
of said Consultant may acquire against the City by virtue of the payment of any loss
under such insurance. Consultant agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement from the
insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may
require the Consultant to provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention. The
policy language shall provide, or be endorsed to provide, that the self-insured retention
may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with
a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the
City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or
the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
Exhibit C
OAK #4832-0705-4031 v1
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a Retroactive Date prior to the contract effective date, the Consultant
must purchase “extended reporting” coverage for a minimum of five (5) years after
completion of contract work.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all
required amendatory endorsements (or copies of the applicable policy language
effecting coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant’s obligation to provide them. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Page 17 of 17
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the __________________________________, and a
duly authorized representative of the firm of _____________________________________,
whose address is ______________________________________________________, and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
_________________ ___________________________________
Date Signature