2024/04/23 City Council Resolution 2024-027 RESOLUTION NO. 2024-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
FINDING THE SOUTHWEST BOULEVARD COMPLETE STREETS PROJECT,
PROJECT NO. CIP2023, EXEMPT FROM THE CALIFORNIA ENVIRONMENAL
QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301,
APPROVING THE PLANS AND SPECIFICATIONS, AWARDING THE
CONSTRUCTION CONTRACT TO TEAM GHILOTTI, INC. FOR $2,852,349,
AUTHORIZING THE CITY MANAGER TO APPROVE UP TO $427,852.35 (15%) IN
CHANGE ORDERS, AND AUTHORIZING TASK ORDER 2023-01 WITH GHD, INC
FOR CONSTRUCTION MANAGEMENT SERVICES FOR$259,988
WHEREAS, the Southwest Boulevard Complete Streets Project is a roadway
reconstruction project along Southwest Boulevard between the roundabout at Commerce
Boulevard and east of Adrian Drive; and
WHEREAS, the Project will improve safety and convenience for pedestrians, bicyclists,
and motorists traveling within and to the area; and
WHEREAS,the plans and specifications for the Project were prepared by BKF Engineers
and approved by the City Engineer; and
WHEREAS, consistent with Public Contract Code, an invitation for bids was posted and
published on February 16th, 2024 and February 23`d, 2024; and
WHEREAS,five(5) sealed bids were received at the bid opening on February 28th , 2024,
and were publicly opened; and
WHEREAS, staff reviewed bids and determined that Team Ghilotti. Inc submitted the
lowest responsive and responsible bid in an amount of$2,852,349.00; and
WHEREAS, staff solicited a request for proposals and determined that GHD, Inc. is the
most qualified consultant for Construction Management and Inspection services and recommends
procuring their services through Task Order No 2024-02 for $259,988.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve as follows:
1. The above recitals are true and correct and material to this Resolution.
2. The City Manager is hereby authorized to approve up to 15% ($427,852.35) in
Construction Change Orders.
3. The City Council determines that the Project is categorically exempt from CEQA pursuant
to CEQA Guidelines Sections 15301 c due to work on an existing street and directs staff to
file a Notice of Exemption with the Clerk-Recorder's Office for the County of Sonoma.
4. The plans and specifications for the Project, on file with the City Clerk, are hereby
approved and adopted.
5. 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.
6. 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 from Team Ghilotti, Inc
4877-7102-3749 v2
for $2,852,349.00 to be the lowest, responsive and responsible bid and waives any
irregularities in such bid in accordance with applicable law.
7. The City Manager is hereby authorized and directed to execute the contract with Team
Ghilotti Inc., Exhibit A, for the sum of two million eight hundred and fifty two thousand
three hundred and forty nine dollars ($2,852,349) 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.
8. City staff is hereby directed to issue a Notice of Award to Team Ghilotti, Inc. for the
Project.
9. The City Manager is hereby authorized to execute Task Order 2024-02 with GHD, Inc.
for$259,988 for Construction Management and Inspection Services, as shown in Exhibit
B.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining to the same for and on behalf of the City of Rohnert Park,and the
City Attorney's office is authorized to make minor edits to the documents.
DULY AND REGULARLY ADOPTED this 23rd days :pril, 2024.
C ►, RI NE :TPARK
Sus n H. Adams, Ma or
ATTEST:
Elizabe h Machado, Assistant City Clerk
APPROVED AS TO FORM:
Newtat....
Lee Burdick, Assistant City Attorney
Attachments: Exhibit A and Exhibit B
ELWARD: pUe RODRIGUEZ: ALe SANBORN: e GIUDICE: Pkie.ADAMS: G
W AES: (5 ) NOES: ( ) ABSENT: ( 0 �
) ABSTAIN: ( )
Resolution 2023-027
Page 2 of 2
Attachment 2 – Resolution Exhibit A
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C O N T R A C T
SOUTHWEST BOULEVARD COMPLETE STREETS
PROJECT NO. 2020-23
CALTRANS PROJECT NO. CRASL-5379(026)
THIS AGREEMENT, made and entered into this _____ day of______________, 2024, by
and between Team Ghilotti, Inc., hereinafter called "Contractor", and the City of Rohnert Park,
hereinafter called "City".
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 April 23, 2024 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 180 calendar days of that Notice. The
Contractor acknowledges and agrees that time is of the essence with respect to Contractor’s work
and that Contractor shall diligently pursue performance of the work.
In the event the Contractor does not complete the work within the time limit so specified or
within such further time as said City Council must have authorized, the Contractor must pay to the
City liquidated damages in the amount of Five Thousand Two Hundred Dollars ($5,200) 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 Two Million, Eight Hundred Fifty-two
Thousand, Three Hundred Forty-nine Dollars ($2,852,349.00).
4. Component Parts and Interpretation: This contract must consist of the following
documents, each of which is on file in the office of the City Clerk and all of which are incorporated
herein and made a part hereof by reference thereto:
a) This Agreement
b) Notice Inviting Sealed Proposals
c) Instruction and Information to Bidders
Attachment 2 – Resolution Exhibit A
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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 (2022 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 office of the Director at 601 Carmen Drive, Camarillo, California 93010.
Contractor must post at the work site, or if there is no regular work site then at its principal
office, for the duration of the Contract, a copy of the determination by the Director of the
Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code
§ 1773.2.)
Contractor, and any subcontractor engaged by Contractor, may pay not less than the
specified prevailing rate of per diem wages to all workers employed in the execution of the
contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section
1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section
1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the
execution of the Contract by Contractor or any subcontractor for each calendar day, or portion
thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable
to pay the difference between the prevailing wage rates and the amount paid to each worker for
each calendar day, or portion thereof, for which each worker was paid less than the prevailing
wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly
registered apprentices in the execution of the Contract. Contractor is responsible for compliance
with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that
contractors and subcontractors must submit contract award information to the applicable joint
Attachment 2 – Resolution Exhibit A
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apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not
less than one hour of apprentice’s work for every five hours of labor performed by a journeyman
(unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft
or trade or a like amount to the California Apprenticeship Council, and that contractors and
subcontractors must not discriminate among otherwise qualified employees as apprentices solely
on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices
defined in Labor Code section 3077, who are in training under apprenticeship standards and who
have written apprentice contracts, may be employed on public works in apprenticeable
occupations.
With each application for payment, Contractor shall also deliver certified payrolls to Owner
as set forth above in these General Conditions, and concurrently therewith (but in no event less
frequently than monthly) directly to the Labor Commissioner in the format prescribed by the Labor
Commissioner.
If federal funds are used to pay for the Work, Contractor and any subcontractor agree to
comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC
§ 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours
and Safety Standards Act (40 USC § 327 and following).
7. Hours of Labor: Contractor acknowledges that under California Labor Code
sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will
forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this
Contract by Contractor or any subcontractor for each calendar day during which such worker is
required or permitted to work more than eight hours in any one calendar day and 40 hours in any
one calendar week in violation of the provisions of Labor Code section 1810.
8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411,
Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the
Contractor or any Subcontractor under him.
Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen
in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the
public works project and which administers the apprenticeship program in that trade for a certificate
of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the
performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less
than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship committee
has exceeded an average of 15 percent in the 90 days prior to the request for certificate,
or
B. When the number of apprentices in training in that area exceeds a ratio of one to five,
or
C. When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
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
Attachment 2 – Resolution Exhibit A
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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. CARB In-Use Off-Road Diesel-Fueled Fleets
A. Contractor shall complete and return the “In-Use Off-Road Diesel-Fueled
Fleets Certification” attached hereto as Exhibit A to City within fifteen (15) calendar days after this
Agreement is fully executed. If Contractor fails to timely do so, City shall have the same rights as if
Contractor had breached this Agreement.
B. Contractor warrants that it is knowledgeable of and will comply with
California Code of Regulations Title 13, Sections 2449, 2449.1, and 2449.2, relating to In-Use Off-
Road Diesel-Fueled Fleets (the “Regulations”), issued by the California Air Resources Board
(“CARB”) effective October 1, 2023.
C. If Contractor or its listed subcontractors intend to use vehicles subject to the
Regulations in its performance under this Agreement, Contractor must obtain copies of the valid
Certificates of Reported Compliance, as described in Regulation Section 2449(n), for the fleet, if
applicable, prior to entering into a new or renewed contract with that fleet. Contractor shall not enter
into a contract with a fleet for which it does not have a valid Certificate of Reported Compliance for
the fleet and Contractor’s listed subcontractors, if applicable, prior to entering into a new or renewed
contract with that fleet. Contractor shall only allow fleets with valid Certificates of Reported
Compliance on Contractor’s job sites.
D. The Certificates of Reported Compliance received by the Contractor for this
Project must be retained for three (3) years after the Project’s completion. Upon request by CARB,
these records must be provided to CARB within five (5) business days of the request.
E. Between March 1 and June 1 of each year, Contractor must collect new valid
Certificates of Reported Compliance for the current compliance year, as defined in Regulation Section
Attachment 2 – Resolution Exhibit A
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2449(n), from all fleets that have an ongoing contract with the Contractor as of March 1 of that year.
Contractor must not write contracts to evade this requirement.
F. If Contractor discovers that any fleet intending to operate vehicles subject to
the Regulation for Contractor does not have a valid Certificate of Reported Compliance, as defined
in Regulation section 2449(n), or if Contractor observes any noncompliant vehicles subject to the
Regulation on Contractor’s job site, then Contractor must report the required information to CARB
within the time period contained in in the Regulations.
G. Upon request by CARB, Contractor must immediately disclose to CARB the
name and contact information of each responsible party for all vehicles subject to the Regulation
operating at the job site or for Contractor.
H. If applicable, Contractor shall prominently display signage for any project
where vehicles subject to the Regulation as provided and within the time period contained in in the
Regulation.
10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5,
Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4
(commencing with Section 3700) of the Labor Code of the State of California, the Contractor is
required to secure the payment of compensation to his employees and must for that purpose obtain
and keep in effect adequate Workmen's Compensation Insurance.
The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code
which requires every employer to be insured against liability for workmen's compensation or to
undertake self-insurance in accordance with the provisions of that Code, and will comply with such
provisions before commencing the performance of the work of this contract.
11. Indemnity and Insurance: To the fullest extent permitted by law (including without
limitation California Civil Code Section 2782), Contractor must indemnify, hold harmless, release
and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from
and against any and all actions, claims, demands, damages, disability, losses, expenses including, but
not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted
by any person or entity including Contractor, in whole or in part, arising out of Contractor’s activities
hereunder, including the activities of other persons employed or utilized by Contractor including
subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due
to the sole negligence, intentional misconduct or active negligence of the City. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable by or for Contractor under Worker's Compensation, disability or other
employee benefit acts or the terms, applicability or limitations of any insurance held or provided by
Contractor and must continue to bind the parties after termination/completion of this Agreement.
Contractor shall procure and maintain throughout the time for performance of the work under
this Contract the insurance required by the Special Provisions. The requirement that Contractor
procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to
indemnify City as provided in the paragraph above.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
12. City Right of Termination and Right to Complete the Work. The City may
terminate the Contract when conditions encountered during the work make it impossible or
Attachment 2 – Resolution Exhibit A
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impracticable to proceed, or when the City is prevented from proceeding with the Contract by act
of God, by law, or by official action of a public authority. In addition, the occurrence of any of
the following is a default by Contractor under this Contract:
A. Contractor refuses or fails to prosecute the Work or any part thereof with
such diligence as will insure its completion within the time specified or any
permitted extension.
B. Contractor fails to complete the Work on time.
C. Contractor is adjudged bankrupt, or makes a general assignment for the
benefit of creditors, or a receiver is appointed on account of Contractor’s
insolvency.
D. Contractor fails to supply enough properly skilled workers or proper
materials to complete the Work in the time specified.
E. Contractor fails to make prompt payment to any subcontractor or for
material or labor.
F. Contractor fails to abide by any applicable laws, ordinances or instructions
of City in performing the Work.
G. Contractor breaches or fails to perform any obligation or duty under the
Contract.
Upon the occurrence of a default by Contractor, the Director will serve a written notice of
default on Contractor specifying the nature of the default and the steps needed to correct the
default. Unless Contractor cures the default within 10 days after the service of such notice, or
satisfactory arrangements acceptable to City for the correction or elimination of such default are
made, as determined by City, City may thereafter terminate this Contract by serving written notice
on Contractor. In such case, Contractor will not be entitled to receive any further payment, except
for Work actually completed prior to such termination in accordance with the provisions of the
Contract Documents.
In event of any such termination, City will also immediately serve written notice of the
termination upon Contractor’s surety. The surety will have the right to take over and perform
pursuant to this Contract; provided, however, that if the surety does not give City written notice of
its intention to take over and perform this Contract within five days after service of the notice of
termination or does not commence performance within 10 days from the date of such notice, City
may take over the Work and prosecute the same to completion by contract or by any other method
it may deem advisable for the account and at the expense of Contractor. Contractor and the surety
will be liable to City for any and all excess costs or other damages incurred by City in completing
the Work.
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.
Attachment 2 – Resolution Exhibit A
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13. Substitution of Securities for Withheld Amounts: Pursuant to California Public
Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public
agency to ensure performance under a contract. At the request and sole expense of the Contractor,
securities equivalent to the amount withheld must be deposited with the public agency, or with a state
or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon
satisfactory completion of the contract.
Securities eligible for substitution under this section must include those listed in the California
Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The
Contractor must be the beneficial owner of any securities substituted for moneys withheld and must
receive any interest thereon.
Alternatively, the Contractor may request and the City shall make payment of retentions
earned directly to the escrow agent at the expense of the Contractor. At the expense of the
Contractor, the Contractor may direct the investment of the payments into securities and the
Contractor shall receive the interest earned on the investments upon the same terms provided for
in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the
Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments
received by the escrow agent from the City, pursuant to the terms of this section.
Any escrow agreement entered into pursuant to this section must contain as a minimum the
following provisions:
a. The amount of securities to be deposited;
b. The terms and conditions of conversion to cash in case of the default of the Contractor;
and
c. The termination of the escrow upon completion of the contract.
14. General Provisions
A. Authority to Execute. Each Party represents and warrants that all
necessary action has been taken by such Party to authorize the undersigned to execute this Contract
and to bind it to the performance of its obligations.
B. Assignment. Contractor may not assign this Contract without the prior
written consent of City, which consent may be withheld in City’s sole discretion since the experience
and qualifications of Contractor were material considerations for this Contract.
C. Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
D. Integrated Contract. This Contract, including the Contract
Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the
Work to be performed under this Contract and supersedes all other agreements or understandings,
whether oral or written, between Contractor and City prior to the execution of this Contract.
E. Modification of Contract. No amendment to or modification of this
Contract will be valid unless made in writing and approved by Contractor and by the City Council,
City Manager 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,
Attachment 2 – Resolution Exhibit A
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when taken together, constitute one and the same instrument. Amendments to this Contract will be
considered executed when the signature of a party is delivered by facsimile or other electronic
transmission. Such facsimile or other electronic signature will have the same effect as an original
signature.
G. Waiver. Waiver by any Party of any term, condition, or covenant of
this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any
Party of any breach of the provisions of this Contract will not constitute a waiver of any other
provision, or a waiver of any subsequent breach or violation of any provision of this Contract.
Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the
provisions of this Contract.
H. Interpretation. This Contract will be interpreted, construed and
governed according to the laws of the State of California. Each party has had the opportunity to
review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in
accordance with its fair meaning. It will not be interpreted strictly for or against either party.
I. Severability. If any term, condition or covenant of this Contract is
declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable,
the remaining provisions of this Contract will not be affected and the Contract will be read and
construed without the invalid, void or unenforceable provision.
J. Venue. In the event of litigation between the parties, venue in state
trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue
will be in the Northern District of California.
IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed
by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year
first above written.
CITY OF ROHNERT PARK TEAM GHILOTTI, INC.
____________________________________
Marcela Piedra, City Manager Date Name:_______________________ Date
Per Resolution No. ___________adopted by the Rohnert Park
City Council at its meeting of April 23, 2024 Title: ________________________
ATTEST: APPROVED AS TO FORM:
____________________________________
City Clerk City Attorney
Consultant Executed Contract on file with Clerks Office
Attachment 2 – Resolution Exhibit A
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EXHIBIT A
IN-USE OFF-ROAD DIESEL-FUELED FLEETS CERTIFICATION
The undersigned Contractor certifies to the City of Rohnert Park (“Owner” or “City”) as set
forth in sections 1 through 2, below:
1. Certification of Compliance. I hereby certify that I and all of my subcontractors will conform
to the California Air Resource Board (“CARB”) In-Use Off -Road Diesel-Fueled Fleets
requirements for all work involving the use of vehicles subject to the regulations, including,
without limitation, as applicable, the Contracting Requirements in Title 13 CCR section 2449,
subdivision (i), subparts (1) – (4), and the Prime Contractor Requirements in Title 13 CCR
section 2449, subdivision (j), subparts (1) – (5).
2. Instructions. Check one (1) box below.
☐ Contractor’s current CARB issued Certificate of Reported Compliance
accompanies this Certification. (If this box is checked, the Certificate must be provided.)
☐ Contractor certifies that its work on the Project (including work of its
Subcontractors) does not involve the use of vehicles subject to the CARB In-Use Off-Road
Diesel-Fueled Fleets requirements.
CONTRACTOR:
(Name of Contractor)
Date: ___________________, 2024 By:
(Signature)
Name:
(Print Name)
Its:
(Title)
END OF CERTIFICATION
OAK #4855-1901-8891 (Rev 10-23)
GHD INC. TASK ORDER NO. 2024-02
CITY OF ROHNERT PARK
AND
GHD INC.
AUTHORIZATION TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE
SOUTHWEST BOULEVARD COMPLETE STREETS PROJECT, PROJECT 2020-23.
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct GHD Inc. to proceed with the work specified in
Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of
Rohnert Park (“City”) and GHD Inc. (“Consultant”) hereto dated November 10, 2020.
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Exhibit A - Scope of Services.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT between the parties referenced in
SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be based on Consultants’
standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown
in Exhibit B subject to a not-to-exceed amount of Two Hundred Fifty Nine Thousand Nine Hundred
Eighty-Eight Dollars ($259,988.00), which amount shall constitute a guaranteed maximum price for
Consultant’s full performance of the entire scope of work under this Task Order.
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by December 31, 2024, or as extended by the City
Manager, the Director of Public Works, or his/her designee.
SECTION 5 – ITEMS AND CONDITIONS
All items and conditions contained in the MASTER AGREEMENT for Consulting Services between City
and Consultant are incorporated herein by reference.
Approved this _____ day of April, 2024.
CITY OF ROHNERT PARK GHD INC.
____________________________
Name, Title (Date) Name, Title (Date)
GHD INC.
Per Resolution No. 2024-___ adopted by the Rohnert
Park City Council at its meeting of April 23, 2024
ATTEST:
____________________________
City Clerk
Name, Title (Date)
APPROVED AS TO FORM:
By: _____________________________________
City Attorney
Attachment 3 - Resolution Exhibit B
Consultant Executed Contract on file with Clerks Office
027
GHD | City of Rohnert Park | 12636789 | City of Rohnert Park CM Services for Southwest Blvd Complete Streets Project 10
3.Work Plan - Construction Management and
Inspection Services Scope of Services
3.1 Project Management
GHD project management will include preparation and maintenance of budgets and schedules for GHD services,
instructions to the GHD Team, preparation of field safety instructions, and routine progress reporting.
3.2 Conduct Kick Off Meeting with City
GHD will schedule and attend a kick-off meeting with the City and other parties.
3.3 Conduct Job Walk
A job walk will be conducted to review the
construction requirements, constraints, sequence of
operations, public notifications, methods of traffic
control, and related project activities/events.
3.4 Pre-Construction Photo
and Video
Take video and photos of site prior to construction.
3.5 Pre-Construction Meeting
We will prepare an agenda and minutes of the meeting. Special attention will be given to those items that may impact
the schedule and/or project funding.
3.6 Construction Progress Meetings
Conduct weekly or bi-weekly progress meetings with the Contractor, the City Project Manager, and other involved
parties to discuss the progress of the project, review 3-week look ahead schedule, discuss status of submittals, RFIs
and other significant issues relating to the Project. Consultant to prepare notes from the meetings, follow up on the
issues raised at these meetings to expedite resolution and closure to issues and circulate meeting minutes.
3.7 Submittal and RFI Tracking
GHD will utilize web based CMIS construction management software to maintain Requests for Information and track
Submittals to confirm that correspondence requiring responses, requests, and submittals are answered in a timely
manner, not to exceed five business days from the design engineer. The contractor’s submittal schedule will list all
significant submittals required by the specifications and those that are critical to the project’s success. The schedule
will identify the expected date that the item is due. The City will review the schedule to confirm that all submittals are
listed and that the planned dates allow sufficient time before the item is required on the job site.
We will identify those submittals that can be reviewed by the CM Team and those that require review by the design
engineer.
3.8 Record Drawings
We will monitor contractor’s record drawings throughout the life of the project.
Exhibit A
GHD | City of Rohnert Park | 12636789 | City of Rohnert Park CM Services for Southwest Blvd Complete Streets Project 11
3.9 Project Files
We will maintain project files, which shall be provided to the City at the completion of the Project. The files will contain
the following:
• Reproductions of original contract documents, including addenda
• Notice to Proceed
• Correspondence
• Meeting minutes
• Submittals
• Contract change orders and supporting documentation
• Clarifications for the contract documents (RFI)
• Material delivery tickets and compliance certification
• Weekly and monthly progress reports
• Meeting minutes
• Daily inspection reports
• Progress photos
• Lab and field test reports
• Progress payments supporting documentation
• Other project documentation
• Required Caltrans exhibits and paperwork
3.10 Inspection & Materials Testing
GHD will provide field observation during construction. We will conduct detailed daily site observations of the general
progress of the work to determine if the work is proceeding in accordance with the contract documents. The inspector
will attend all meetings, coordinate sampling and
testing of construction materials in accordance with
bid documents, record up-to-date construction
changes to use in preparation of the record
drawings, and report any violations to any
applicable regulations or mitigation measures as
well as maintain a copy of the contract documents
and construction-related documents at the site,
coordinate all construction activities with the utility
companies and other agencies within the project
area and as required by the City and photograph,
log and pre-video prior, during and after
construction.
GHD will partner with RGH for Materials Testing,
anticipating concrete cylinders, subgrade and ABII
densities, and HMA compaction with related lab
testing of materials, in accordance with the City
QAP and LAPM frequency of testing tables.
Inspector will prepare daily Construction Inspection
Reports, which are included in CMIS construction management software. These reports include, at minimum, hours,
personnel, equipment, (separated by contractor/subcontractor) weather, narrative section including observations,
visitors to site, photographs, and daily quantities completed during the shift.
Top Ten Keys to Effective, Efficient Quality Assurance
1 Dedication to Project Success
2 Apply practical knowledge from related experience
3 Know contract documents
4 Recognize potential issues inherent in work
5 Understand construction crew skills, limitations &
challenges
6 Understand site conditions
7 Prioritize based on risk and timing
8 Proactive contingency plan
9 Make use of resources - personnel & technology
10 Clear & timely communication
GHD | City of Rohnert Park | 12636789 | City of Rohnert Park CM Services for Southwest Blvd Complete Streets Project 12
3.11 Weekly Status Reports
Weekly status reports will be prepared and will include a description of work performed, WSWD, 3 week look ahead
schedule review, summary of PCOs and CCOs, photos, and any issues with the project.
3.12 Payment Applications
GHD will review Contractor’s schedule of values versus the payment application. The Construction Manager will
provide a recommendation of the monthly progress payment applications submitted by the contractor and provide
recommendation to the City for payment. Construction Manager will also organize field meetings between inspector,
Contractor, and City to verify quantities when necessary. It will be noted that as a condition of payment approval, the
contractor must be current with as-built recording and scheduling efforts.
3.13 Schedules
GHD will review the contractor’s initial and updated schedules for compliance with the contract documents and verify
that the schedules accurately represent the scope of work. We will verify that all work for interim milestones is included
on the schedule, logic ties of activities, check the reasonability of task durations, review the critical path, and check for
critical activities. Important scheduling elements, such as partial shutdowns, street and lane closures, detours, public
notifications, material delivery, material storage, and contractor material hauling will be a part of the schedule review
process.
3.14 Change Orders
Construction Manager will determine the necessity of the change, check for propriety, consider other methods of
accomplishing the work, method of compensation, effect on contract time, estimate of cost, the Contractor’s reaction to
the proposed change, and the probability of final approval. If the Construction Manager determines that a proposed
change is warranted, a proposed change order file will be established. Documents prepared by the Construction
Manger describing the work, will be transmitted to the Contractor for pricing. Concurrently, independent estimate of
cost and time impact will be prepared by the City and Construction Manager. Upon receipt of the contractor’s
quotation, the Construction Inspector or Construction Manager will review and compare it to the independent estimate.
Based on the review, the Construction Manager will either recommend approval to the City or recommend rejection. If
negotiation is authorized, the Construction Manager will conduct the negotiations with the Contractor.
For work approved by the City where a unit cost is not determined prior to performing the work, the Inspector will meet
with contractor to review DEWRs and material sheets at the end of each day and sign off on them.
3.15 Conflict Resolution
An allowance will be included for resolution of issues which may arise during the project.
3.16 Public Relations
Ensure proper public notification by the contractor (information about the project, door hangers, no-parking signs, etc)
and proper timing of notifications occur. GHD will also perform the following:
• Maintain a log of all phone calls and emails received
• Listen to citizen’s concerns and work to address them
• Work with the Contractor for prompt resolution of issues
• Make sure contractor is prepared to circulate fliers, newspaper notifications as appropriate, and as approved
by the City about noise 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
GHD | City of Rohnert Park | 12636789 | City of Rohnert Park CM Services for Southwest Blvd Complete Streets Project 13
•Coordinate with public transit agencies regarding potential conflicts with existing bus stops
•Provide updated project-related information to the City for email or website updates
3.17 Final Inspection and Punch List
At the completion of the project, GHD will perform inspections of the work to determine if any work is incomplete.
Consultant will coordinate a walk through with the City and Contractor , prepare a punch list of the incomplete work,
and provide it 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 .
As much as practical, punchlist items will be identified and communicated to the Contractor in advance so that they
can be addressed prior to close-out if the Contractor is motivated to complete the project efficiently.
3.18 Documentation
The Contractor’s record drawings will be reviewed for completeness and accuracy. We 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.
3.19 Verification
GHD will confirm tests and inspections were performed and results provided according to the Drawings and
Specifications.
3.20 Submittal of Project Files
At the completion of the project, GHD will turn over all documents (digitally), including documents maintained in CMIS
and other documentation.
Assumptions
1.GHD does not supervise or direct Contractor’s Work. Contractor will be solely responsible for and have control
over construction means, methods, techniques, sequences, and procedures and for coordinating all portions
of the Work under the Contract.
2.Contractor is responsible for job site safety.
3.Contractor will not be relieved of obligations to perform Work in accordance with the Contract Documents
either by activities or duties of Construction Management staff, or by tests, inspections, or approvals required
or performed by persons other than Contractor.
PROJECT FEE ESTIMATING SHEET SHT #1 of 1
PROJECT NAME:Southwest Blvd Complete Streets Project PROJECT #On-Site Inspector TBD
Date 3/27/2024 Construction Manager Dillenburg
PREPARED BY:Tim Dillenburg CLIENT: City of Rohnert Park Project Director Rozga
FEE COMPUTATION Final Opinion of Probable Construction Cost
LABOR CATEGORY>
Project
Director PM RE Proj Coord Inspector TOTAL Subconsultant Other Direct Costs TOTAL 90 Working Days
2,000,000$
RATE>$360 $301.50 $301.50 $144 $211.50 HOURS/
Services $8/hr office FEE 5 month Construction period
/HR /HR /HR /HR /HR GHD fee $20/hr field 18 week Inspection period
Project Oversight $8$8
Task 1.0 6 6 12 6 months, including final
Monthly Progress 1,980$ 1,809$ -$ -$ -$ 3,789$ 92$ 3,881$ 1 Hr for PD
Sub-Total 66 12
1,980$ 1,809$ -$ -$ -$ 3,789$ -$ 92$ 3,881$
Pre Construction & Contract Phase $8$6
Task 2.1 4 72 18 94 18 weekly
Provide Project Coordination 1,440$ -$ 21,708$ 2,592$ -$ 25,740$ 752$ 26,492$ 4 hrs CM, 25% PC
Task 2.2 2 8 8 4 22 1 pre-construction meeting
Prepare and Conduct Preconstruction Meeting -$ 603$ 2,412$ 1,152$ 846$ 5,013$ 176$ 5,189$ 8 hrs CM, 25% PM
Task 2.3 4 18 18 40 18 weekly contractor & other meetings
Conduct and Document Project Meetings -$ 1,206$ 5,427$ 2,592$ -$ 9,225$ 320$ 9,545$ 1 hrs each
Task 2.4 5 5 4.5 monthly update
Review Contractors Construction Schedule -$ -$ 1,357$ -$ -$ 1,357$ 36$ 1,393$ 1 hrs each
Task 2.5 36 36 72 18 weekly
Maintain Project Records -$ -$ 10,854$ 5,184$ -$ 16,038$ 576$ 16,614$ 2 hrs
Task 2.6 26 26 7 pay requests, including final
Prepare Monthly Progress Payments -$ -$ 7,839$ -$ -$ 7,839$ 208$ 8,047$ 4 hrs each
Task 2.7 6 6 11 6 months including final
Prepare Weekly Progress Reports -$ 1,658$ -$ 792$ -$ 2,450$ 88$ 2,538$ 1 hrs for writing each PM & PC
Task 2.8 5 2.5 8 5 Assumed Number of RFI's/RFC's
Respond to RFI's -$ -$ 1,508$ 360$ -$ 1,868$ 60$ 1,928$ 1 hrs each CM, 50% PC
Task 2.9 15 4 19 5 Assumed Number of PCO's
Prepare PCO's and Change Orders -$ -$ 4,523$ 540$ -$ 5,063$ 150$ 5,213$ 3 hrs CM, 25% PC
Task 2.10 10 5 15 20 Assumed Number of shop drawings/submittals
Coordinate Submittal and Shop Drawing Review -$ -$ 3,015$ 720$ -$ 3,735$ 120$ 3,855$ 0.5 hrs CM, 50% PC
Task 2.11 Included in Task 3.1
Monitor Permit Compliance -$ -$ -$ -$ -$ -$ -$ -$
Task 2.12 Included in Task 3.1
Monitor Construction Record Drawings -$ -$ -$ -$ -$ -$ -$ -$
Task 2.13 410 14
Perform Claims Management/Conflict Resolution -$ 1,206$ 3,015$ -$ -$ 4,221$ 112$ 4,333$
Sub-Total 4 16 205 97 4 325
1,440$ 4,673$ 61,657$ 13,932$ 846$ 82,548$ -$ 2,598$ 85,146$
Inspection & Materials Testing 12.00
Task 3.1 520 520 8.0 avg hrs per day inspection
Provide Field Inspection/Observation -$ -$ -$ -$ 109,980$ 109,980$ 10,400$ 120,380$ 65 working days not overlapping
Task 3.2 8 8 Prior to Pre-construction
Prepare Photograph and Video Documentation -$ -$ -$ -$ 1,692$ 1,692$ 96$ 1,788$
Task 3.3 Included in Task 3.1
Field Changes -$ -$ -$ -$ -$ -$ -$ -$
Task 3.4 Included in Task 3.1
Prepare Daily Observation Reports -$ -$ -$ -$ -$ -$ -$ -$
Task 3.5 Materials Testing
Materials Testing -$ -$ -$ -$ -$ -$ $25,000 3,750$ 28,750$ Coord time included in Task 3.1
Post Construction Phase
Task 3.6 42 410
Develop Punchlists -$ -$ 1,206$ 288$ 846$ 2,340$ 128$ 2,468$
Task 3.7 18 8 4 30
Compile & Submit Final Documents -$ -$ 5,427$ 1,152$ 846$ 7,425$ 288$ 7,713$
Task 3.8 8 2 2 12 Final pay request, coordinate retention release
Prepare Final Pay Estimate -$ -$ 2,412$ 288$ 423$ 3,123$ 120$ 3,243$ Notice of Completion
Sub-Total 30 12 538 580
-$ -$ 9,045$ 1,728$ 113,787$ 124,560$ 25,000$ 14,782$ 164,342$
Public Outreach $8$6
Task 4.1 244 10
Public Outreach Plan -$ 603$ 1,206$ 576$ -$ 2,385$ 80$ 2,465$
Task 4.2 9 9 18 18
Public Information and Contact Points -$ -$ 2,714$ 1,296$ -$ 4,010$ 144$ 4,154$ 0.5 hrs each
Sub-Total 21313 28
-$ 603$ 3,920$ 1,872$ -$ 6,395$ -$ 224$ 6,619$
Contingency $6
$6 -$
Project Totals 10 24 248 122 542 944
3,420$ 7,085$ 74,621$ 17,532$ 114,633$ 217,292$ 25,000$ 17,702$ 259,988$
Assumes no formal claims. Time is for meetings &
communication to resolve field issues
wks coordination
* OTHER DIRECT COSTS Include: Telephone, Vehicles, Fuel, Lodging, Printing, Photo-copies paint, and other misc. direct expenses.
Exhibit B