HomeMy WebLinkAboutStaff Report 3.A 06/17/2013 Agenda/Itenni#3 .A
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DATE: June 17, 2013
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. :ASCE—Director, Public Works & Utilities
Larry Zimmer, P.E. —Capital Projects Manager
SUBJECT: Resolution.Authorizing the City Manager/to Execute a Professional Services
Agreement with GHD for Engineering Services for the East Washington Park
Phase l Project
RECOMMENDATION '
It is recommended that the City Council adopt,;the attached Resolution authorizing the City
Manager to execute a Professional Services Agreement with GHD for Engineering Services for
the East Washington Park Phase 1 Project.
BACKGROUND
On June 4, 2007, the City Council reviewed and approved the 100% conceptual master plan for
the East Washington Park. The approved conceptual plan, which went through an extensive
public process, included a description of recreational facilities and park amenities to be
constructed on the site, with an estimated project cost of approximately $23,000,000.
On January 7, 2008, the City Council authorized a Professional Services Agreement with
Winzler and Kelly for design services to complete construction drawings, specifications and
estimates for Phase I of construction, and to complete preliminary Design.Development of the
entire park site, including environmental review and documentation, planning and preliminary
design for subsequent construction phases in order to assure logical construction sequencing and
to meet funding availability. On October 18, 2010, City Council approved the plans and
specifications for Phase I and Adopted the CEQA Mitigated Negative Declaration for the project.
Since the October 18, 2010 Council meeting, no work on the project has occurred'because
adequate funds were not available to complete Phase 1, which had estimated project costs of
$11.0 m. In early 2012, staff modified Phase I of the project to meet current available funding,
estimated at $6.5 million, and to make use of the $2.0m in Open Space Grant funding prior to its
expiration on December 6, 2016. The new recommended Phase 1 project will include East
Washington Street frontage improvements, a minimum of two and possibly three synthetic turf
Agenda Revie : 4
City Attorn4 /} Finance Director City Manager
fields, field lighting, irrigation, water, recycled water, electrical, an aggregate base road and
parking, paved ADA parking as required, provisions for seating areas, and fencing.
The proposed item meets Council Goal: "Plan for and implement priority capital projects as
funding permits."
DISCUSSION
GHD (formerly Winzler and Kelly, the original designer) will complete 100%construction plans
and specifications for the project and provide construction support services as part of their
agreement. Construction support work will generally include responding to bid questions,
requests for project clarifications and changes, site visits, review change orders, construction
staking, meetings, and record drawings. Other construction services included providing a
qualified biologist for pre-construction bird surveys and geotechnical and materials testing
services throughout construction.
GHD has demonstrated the ability to provide high quality design plans and construction support
on prior City projects of similar complexity and magnitude. Their staff is familiar with the
project, City facilities, and the environmental requirements. Since GHD has the same
engineering design team of record for the park development plans it is staff's opinion that they
are the most qualified firm to complete this work.
It is anticipated that the redesign will occur in FY 13/14 with construction to begin in the Spring
of 2014. The City Council will have the opportunity to confirm or approve the project budget
and review and award bids prior to construction. The CIP budget currently identifies the
possibility of up to $1.0m in donations and/or in-kind services, which will be dependent on the
bid amount and fund balance in the Park Development Fee funds at the time of construction.
FINANCIAL IMPACTS
The services proposed under this PSA include design and construction support services for
$210,506. The total budget for this project (recommended modified phase I) is $6,763,000, for
FY 13/14 (design) and FY 14/15(construction). Funding for this project includes $2 Million
from the Open Space Grant and an estimated $1 Million in donations and/or in-kind services,
with the remainder of the funds to come from Park Development Impact Fees.
ATTACHMENTS
1. Resolution
2. PSA
3. Location Map
2
Attachment l
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH GHD FOR ENGINEERING
SERVICES FOR THE EAST WASHINGTON PARK PHASE 1 PROJECT
WHEREAS, the City of Petaluma wishes to design and construct the East Washington Park
Phase I Project; and
WHEREAS, this project requires the services of a quality professional civil engineering design
firm familiar with the project and experienced in park design; and
WHEREAS, GHD is familiar with the project and is the civil engineering design firm who
provided the development plan for the project; and
WHEREAS, GHD's ability to produce quality work on civil engineering projects has been
demonstrated in the City of Petaluma for many years as well as other Northern California
municipalities; and
WHEREAS, staff recommends the City execute a professional services agreement with GHD
for civil engineering design services in order to complete construction plans, specifications and
provide construction support for the East Washington Park Phase 1 Project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby:
1. Authorizes the City Manager to sign the attached Professional Services Agreement
for civil engineering design services and construction support with GHD for the East
Washington Park Phase I Project in the amount not to exceed $210,506.
3
Attachment 2
PROFESSIONAL SERVICES AGREEMENT
EAST WASHINGTON PARK PHASE I
DESIGN AND CONSTRUCTION SERVICES
fritle of Project)
FY 13=14 Fund# Cost Center 3030Q Object Code 54110 Project#e00400104 Amount$100.000
For multi-year contracts or contracts with-multiple accounts:
FY 114-1-15 Fund# Cost Center 30700 Object Code 54110 Project#c00400104 Amount$110.506
FY Fund# Cost Center Object Code Project# Amount$
FY Fund# Cost Center Object Code Project# Amount$
FY Fund# Cost Center Object Code _ Project# Amount S
FY Fund# Cost Center Object Code Project# Amount$
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of , 20 ("Effective Date"), by and between the City of Petaluma, a
municipal corporation and a charter city ("City") and GFID, a civil engineering firm
(`Consultant") (collectively, the "Parties").
WHEREAS. the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
Services. Consultant shall provide the services as described in and in accordance with
the schedule set forth in Exhibit "A" attached hereto and incorporated herein
("Services").
2. Compensation; Business Tax.Certificate.
A. For the full performance of the Services as described herein, City shall
compensate Consultant in accordance with the rates specified in Exhibit A.
B. Consultant shall submit detailed monthly invoices reflecting all services
performed during the preceding month, and including a revised schedule for
performance and additional documentation requested by City, as applicable.
C. Consultant shall be compensated for services in addition to those described in
Exhibit A, only if Consultant and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no case shall the total compensation
under this Agreement exceed STwo Hundred l'en Thousand Five Hundred Six
Dollars and Zero Cents (210.506.00) without prior written authorization of the
City Manager. Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
D. Notwithstanding any provision herein, Consuhant shall not be paid any
compensation until such time as Consultant has on file with the City Finance
Department a current W-9 form available from the IRS website (www.irs.gov)
and has obtained a currently valid Petaluma business tax certificate.
PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES
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E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and teiminates on
June 30, 2015, unless sooner terminated in accordance with Section 4. Upon termination,
any and all of City's documents or materials provided to Consultant and any and all of
the documents or materials prepared for City or relating to the performance of the
Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation; Ludependent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6. Facilities and Equipment. Consultant shall, at its sole cost and expense,. furnish all
facilities and equipment that may he required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
8. Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
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inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are •
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject to the City's Conflict of hnterest Code include those whose• vork may
involve: making government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent.. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
the terms and conditions of this Agreement, including but not limited to, procuring and
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maintaining insurance coverage as required herein and Which shall name City as an
additional insured.
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as-in effect iu the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach.of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all.rulcs and regulations applicable to such fiscal assistance.
18. Prevailing Wages. This Agreement is subject to the requirements of the California
Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as
described in Exhibit A will be performed.in accordance with all applicable requirements
of the California Prevailing Wage Law, including, but not limited to, all applicable
requirements contained in Exhibit C, which is attached to and made a part of this
Agreement.
19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage(the"Living Wage Ordinance"), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement at Exhibit D, shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as •
determined by the City, must provide a properly completed Exhibit D in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
20. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
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(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service;or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that(a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk @ci.petaluma.ca.us
And:
Dan St. John, F.ASCE
City of Petaluma
202 North McDowell Blvd.
Petaluma, CA 94954
Phone: 707-778-4546
Fax: 707-778-4508
Email: publicworksctci.petaluma.ca.us
Consultant: Bill Silva
GHD
2235 Mercury Way Suite 150
Santa Rosa,CA. 95407
Phone: 707-523-1010
Fax: 707-527-8679
Email: bill.silvaaghd.com
22. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
23. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") front and against any and all liability;
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
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lnnttatiou, clatms?expenses attorney's fees,and:costs andbfees if litigation) (collectively,
"Liability") of every nature, I/hether actual, alleged or threatened, arising out or in
connection with.the'Services or Consultant's failure to comply Wilk any the terms of
this Agreement, regardless of any faitlt Or alleged'fatdt of the;Iiidemiiitees.
The Consultant's yobligation-to indenmify, defend and hold liamiless uncles this.provision
shall not be excused because:Of the Consultant's inability to evaluate Liability, or because
the Consiiltantevaliiates.Liability and deterniinesthat the Consultant is not or may not be
liable. The consultant must respond within%30 calendar days to_any tender-for defense
and indemnity by the City, unless' the nine for responding, has.been extended by an
authorizedrepresentative of the City inwiiting. If the Consultant fails to:accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law,"so Much:of'the.,inoney doe or.thatimaybecomedue the Consultant
under this Agreeiiient 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 Consoltalit accepts the:tender, wl icheveroccurs-fi st. Indite event that.the City
must file responsive.documents in a matter tendered to Consultant prior to•Consultant's
acceptance of tender, Consultant agrees:to billy reiniburse,all costs, !including but not
limited to attorney's'fees and costs and fees'of litigation, incurred by the City in filing
such responsive documents.
•
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of The Consultant arising out of er in connection
with the Services or Consultant's :failure to Comply with aiiy of the terms of this
Agreemeif!
Notwithstanding.the foregoing, to the extent this Agreement is a"construction contract"
as defined by California Civil Code Section 2783, as may be;amended from time to time,
Consultant's duty,to indenuiify underthis provision°shall not apply When to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time,to
lime.
Notwithstanding=the foregoing, to the extent that the,Servicesrinclude,design professional
set vices subject to California Civil Code Section 2782.8, as may be amended from tithe
to time, Consultant's duty to indemnify shall only be to thevnaximum extent permitted by
California Civil CodeSection2782.8,
24. Insurance. Consultantshall'doinplycvitlithe;"InsuranceRequirenonts for Consiiltantsl'
in Exhibit t3-2, attached,hereto and incorporated herein by reference. '[Indicate attached
exhibit, e.g.; "B-1, " ``8=2;"' "13:3; "or "I/-4."]
• 25'. Aniendrneiit. This Agrecincnt may be amended only"by a written instrument executed
byboth Parties.
26. Litigation.. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant,, upon ,request- front'City, agrees to testify therein at a
reasonable and-customary fee.
27. Construction. 'This Agreement the productiof negotiation,and compromise on thepart
of both Parties and"that the Parties agree that, notwithstanding Civil Code section 1654,
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any 'uncertainty iii the Agieetneiit
shall not;be construed against the drafter of the
Agreement.
28. Governiita Law; Venue. This Agreement shall;be enforced' and interpreted tinder the
laws of the State.of California and;the City of Petaluma Any action wising,.front or
brought in'connection with this Agreement shall be yenned in ,a court of competent
jurisdiction in'the County of Sononih, State of Califoi'nia.
29. Non-Waiver. The City's failure to enforce-any provision of this Agreement or the
waiver thereof iqa-particular instance shall not be construed as a general waiver Of any
part of Sikh provision. The provisionshall reniain1nfull force andeffect•
30. Sever ability. If'any term or portion of this,Agreement:is held to be invalid, illegal, or
otherwise unenforceable.by a.courtof competent jurisdiction, the reinaining provisions of
this Agreenient shall continue in fiill:_force and effect.
31. No Third Party-Beneficiaries. The Parties do notintend to create, and•nothing in this
Agreement shall'be construbdito creak any benefit orrightin°any third patty.
32. Mediation. The Parties.agree.to make a good faith attempt to resolve any dispute.arising
thr
out of this Agreement ough mediation prior•to commencing,litigation. The.Parties
shall nmtiially agree tipon.tlie mediator and shalt divide:thecostsoftirediatien equally.
33. Consultant's.13oo1cs;and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and Charged to the City for
a minimum period of three (3) years.or for any longer period required by law,
fromthe'dateeof final payment to Consultantpulsuant.to this Agiee(nent.
B. Consultant shall maintain all documents and records which demonstrate
performance underthis Agreement.fofia:mininu M period of three;(3) years or for .
any longer period required by law, from the''date,of termination or completion of
this Agreement."
C. Any-records or documents required to be maintained,pursuant.to this Agreement
shall be madeavailable for inspection or audit.at any trine during regular business
hour's, upon written:request by the City Manager, City Attorney, City Finance
Director, or a designated representative of these officers. Copies of such
documents shall be provided to the City for inspection at Petaluma City.Flail
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 imthis Agreement.
D. Where City has reason.to believe.that such records or,documents maybe lost or
discarded due to dissolution, disbandment° or termination of Consultant's
business, 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 records:and
documents be inaintained in Petaluma City Hall. Access to such records and
documents shall be granted to any partyauthorized by Consultant, Consultant's
• representatives,or Consultant's successor in interest.
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34. Headings, The headings used in this Agreement are for conYeiience'Only and are not
intended to,affech,the interpretation or construction of any provisions herein.
• 35. Survival. All obligations arising.prioi•to theitermination-or expiration of this Agreement
and all provisions of this Agreement allocating:liability between City and Consultant
shall survive the termination or expiration of this Agreement.
36. Entire Agreement: This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written„
between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and.
year first above written.
CITY OF PETALUMA CONSULTANT) PE
By 173 City Manager Naine rI
711PaGf2 .( i 1 c✓r
ATTEST: luSanag J niz•Ir esf
Title, ° •1
2235'Mercury Way, Suite 150
City Clerk Address
APPROVED AS TO FORM: Santa Rosa, CA '95407
City State Zip
98-0425935 •
City Attorney Taxpayer 1.D,Number
APPROVED: L-0801646
.Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk.Manager.
APPROVED:
Finance Director
rile name:S:\CIP\Projecls\EWP Phase I C00400104\Design\I40 ConsullmaPSA_PWL_GHD.(March 2013).doc
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INSURANCE REQUIREMENTS
EXHIBIT 132
Consultant's performance' of the Services under this Agreet neht shall not commence until
Consultant shall have obtained all insurance required under this;paragraph and such insurance
shall have been approved by the City Attorney as to Loin forM and the Risk Manager asto carrier and
sufficiency. All requirements herein provided shall appear either:in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of'the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified -herein for the duration of this
Agreement and anyextension thereof and fortvelve,additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at-least as broad as:
1. Insurance Services OfficeComniercial General Liability coverage:
a. Personal'injury;
b. Contractualliability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain Ii in its no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury ;personal injury
and property damage: If Commercial General Liability Insurance or other form
With a general aggregate liability is used, either the„general aggregate limit shall
apply separately to this Agreement of the general aggregate limit shall he twice
the required Occurrencelin iit.
2. Automobile Liability: $1,000,000 per accident for bodily,injury and property
damage:
3. Employer's Liability: Bodily Injury by-Accident- $1,000,000 each accident.
Bodily Injury by Disease—$1,000,000`policy limit.
Bodily.Injury.by Disease:-$1,000,000 each employee.
4. Professional.Liability insurance: $1,000,000.
5. Such other insurance coverages and Inn its as,may be regairedby the City.
C. Deductibles rind Self4nsuredRetentions
Any deductibles or self-insured retentions must he declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Exhibit B2
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INSURANCE.REQUIREMENTS(City)
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(Manage X609325)March 200
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self-insured retentions as tes"pects', the ,City, its officers;, official ;. e)irployees and
volunteers; oi• the Consultant shall prociu•e a bond gum anteeing•payment of losses and
related investigations,claim aihtiinistration and defense expenses..
1). Other Insurance Provisions
• The required general liability.and automobile policies,are,to contain, or be endorsed to
i contain the following provisions: .
1. The City, its officers, officials, employees, agents and :vohinteers are; to be
covered as Additional Insureds as respects: liability arising out of activities
performed;by Or on behalf of the:Consultant; products and completed operations
of the, Consultant; premises owned, occupied or used by, the, Consultant; or
. automobiles owned, leased, hued or borrowed•by the Consultant: "fhe,coverage
shall.contain-no;special limitations on"the scope ofprotection afforded to the.City,
its officers;;officials, employees,.agents or voliuiteers.
2. For any claims:related to this project, the Consultant's'iiisuiancecoverage shall be .
primary insurance as respects the City, its officers, officials,;employees, agents
and volunteers: Any insurance, or self=insurance maintained by the City, its
officers, officials, employees, agents or' volunteers,shall 'be excess 'of the
Consultant's'ihsuranceand shall not contribute with it; •
3. Any failure to comply with report ng,01 other plovrsions of the policiesiircluding,
breaches of warranties shall not coverage provided to the City, its officers, ,
officials, employees,agents dr volunteers:
4. The Consultant's insurance shall-apply separately to each'insured against whom.
claim is;made.oi:suit'.is brought except, wittrtespect to the limits'of the insurer's .
liability.
5. Each insurance policy required by this clause shall-be endorsed to state that
coverage shall' not be-suspended, voided, canceled'by either party, reduced in
coverage or in limits except after thirty(30) days. prioi wiitten;noticeby'certified,
mail, return receipt requested„liasbeen given;to the City.,
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds; and, to .require all contractors;
subcontractors or others involved in any waywdh the Services to do likewise.
E. Acceptability of Insurers'
Insurance is to be placed with insurers with a current A.M; Best's rating'of no lessthan
A:VII.
F. Verification of Coverage r .
Consultant'shall furnish the City with original endersenientsi effecting coverage required
by this clause. The endorsements me to be signed'by a per son;authorized by that:insurer
to bind;coverage on its•.behalf. All endorsements are;to be received aitd'lapproved'•by the
City before the Services commence. .
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Page2of2
INSURANCE REQUIREMENTS'.(Cily) ..
s (Manage 009325)Mardi Nil •
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PREVAILING-WAGE EXHIBIT-C
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HOURS OF WORK:
•
A. In accordance with California Labor'Code Section'1810, eight(8) hours of labor,ii
performance of the Services shall constitute allegalyday's Wotk iuider,this Agreement.
B. In accordance with California Labor Code Section 1811, the,time of service of_any •
worker employed in perfoniiance of the Services is.liiniteddlo eighthours during anyone
calendar day,and forty hours during anyone calendar week,;except'in accordance with-
Cal ifernia Labor Code Section 1815;which provides;that work,in°excess,of eighthours
during any one calendar,day and forty hours dining any one calendar week is pei•niitted
upon.compensation for`all hours workediin excess of eight?hours duringany one calend*
clay and forty hours doting any one calendar week at not less'than one-and-one-half times
the basic rate of.pay.
C. The Consultantand its:subconsultants shallifoifeit as a penaltyto;the City:$25 for.each
worker employed?in^the per forniance'ofthe Servicesfoi eachacalendar day during:what.
the worker is required or permitted to work more than eight(8);hours.irrany one calendar
day, or more-than-forty(40)hoursiiinany one calendar week, in'violation of the
provisions of California Labor Code.Section 1,810 and.foilowing.
WAGES:
A. Imaccordance with;California Labor.Code Section 1x7712; the';City hasrdeterniiiiedtlie,
general,prevailing wages_in the locality in which the Sel vices are to be performed for
each craft or type of work needed to be as•published.by the Stateof California
Department•of Industrial Relations;-Division of Labor Statistics and Research,.a copyof
which is on file with the City and:shall be made available on request. The',Consultant and
subconsultants engaged in the perfori ranee of the Services shall,'pay no less.than,these
rates.to all persons:engaged in performance of,theServices.
B. In actordance=with Labor Code Section 1775; the'Consultantand any sybconsultaws,
engaged-in petformanceofthe;Seivices shall coniplyLaboiCodelSection 1775 which
establishes a penalty ofityto$50 per day for each worker.engaged,ii the;pei fornnanc'e of
the Services that the Consultant or any subconsultant pays less'than the specified
prevailing Wage. Tire amount of such penalty shall 15e;determined.by the Labor
Commissioner an&shalf be based,onroonsideratiori of the mistake, inadv,e hence, or
neglect of the Consultant or st bconsultanfin failing to pay:the:correct rate;of prevailing:
wages;or the previous recordofthe Consultant or'Sub-consultant:in meeting;applicable
prevailing wageobligat ions, or the willful'failiue by(lie Consultant or siibcoiisultantlto
pay the;correct.rates.ofpievailing wages. A mistake,;inadveitence,,01 neglect in failing
to pay the'correct rate of prevailing wages is not excusable if the:Consultant:oi"
subconsultant'had knowledge of their-obligations under the-Califoinlait:abor Code: The
I
prevailing Wage_Exhibit for:Scrvice Agreements
Prorisions Required Pursuant to California 9abo[Code,§1720€!ae9.
(iManage 81037770)'(Mardi 2013)
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Consiltant or sub"e'onsuitant shall pay the.difference ibehveen'tlfettnevailing•wage rates
and the amount paid ito:each worker-for each calendar day of portion'thereof for which
each worker was paid less than the prevailingnvagerate, If a sibeotisultantworker
engaged in performance of the Services isinot paid the genetal.prevailing per diem wages:
by the stibconsultant, the.Consultantiis not liable:tor:anypeiialties theiefoie unless the
Consultant had knowledge of that failure or unless the Consultant fails to comply withall.
of the folloivingi•equireiiients:
I. The Agreement executed between the;Consultant and` he stibconsultant fin-,the
performance of part the Services shall•include a copy.,of
m the provisions of
California Laboi:Code Sections.1771, 1775, 1776, I777t5, 1813,.and 1815,
2. The Consultant shall nionitor;payment of the specified;general prevailing rateof'
i I pei diem.wages liythe suhcopsultant bypetioctie review-of the s}ibcousuttant's ,
i
celtifed,payi•olI records.
3. Upon.becoming-aware of a sitbconsultant's failure to pay the specified
prevailingtate of wages,the Consultant shall diligently take corrective ,
actioittii.halt or rectify-the.failure„including; but not limited to t'etaining„
sufficient funds due thestibconstiltantfof perforiiiatice of tlie•Services,
4. Prior to making final payment to.the subconsultant,,;the Consultant.shall obtani an
affidavit signed under,penalty of perjury from the subconsultantthat'the
subconsultatit has,paid the.specified general prevailinga.ate of pei diem wages -
employees engagedlinthe performance of the Seivices'and any.amountsidue •
pursuant to Callfornia'Lhbor Code Sect ion?1813
_ C. in accordance with California I.abor Code Section 1776; the.Coiisultant and each
subconsultant engaged in peiformance of the Services, shall keep accurateipayrolhrecords
showing the name, address, social security number;,wotk•classification, straight timeand.
overtime hours.worked each clay andjweek, and,the actual per:diem wagesipaid•to each
journeyman, apprentice, worker, or other employee employed,in performance of the
Services. Each ipayrol1record.shall contain of be verified by;a written declaration that it
is made under penalty of pejury, stating both:of thefollowing:: •
I. The information contained"lithe payroll,record;:is'niie and'correct..
2. The employer has complied with the requiiegients;ofSections,1771, 181-1,.and .
. 1815 for any Seivices,perfotmed;by the einployer's`eniploYees on.the,public
works project:
The payroll records required pursuant(to.California'Labor:Code Section 1776shallbe
ceitiffed and shall ybe available foi inspection by the Owilei:=and its authorized
representatives, the Division of Labor.Standaf;ds Enfotcement,;the Division o f
Apprenticeship Standards of the Department of industrial Relations and shelf otherwise
be available for inspection in'accordance with;California Labor Code Section 1776:
2
I preitailing.wage Eiihihit for Service'Agreements-
Provisions Required Pursuant to Caidonua.i.atior Code§1720 er seq.
(rprnnage'#1037770)(March 2613)
1
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D. In accordance with.CtilifotniaLabor;Cocie Section;1777;5, the Consultant;•on behalf of
the Consiiltaiit and airy stibconsiiltaiits engaged in,perfounarice;ofthe'Services,shall be.
responsible for ensuring:compliance with California Labor Code Section 1777.5
governingientploynientand payment of apprentices on•publicavorks.contracts.
E. In case itbeconiesnecessary for the Consuitantor;anysubconsultant_engaged in
performance Of the:Scrvides to employ ontlie Services anyperson in a trade or
occupation`(except executive, supervisory, administrative,:clerical, or other non manual
workers asrsuch) for which no minimum wage rate has•been deterniinedbytheDirector
of the.Departi ientof Indiistrial;Relations, the'Consultant Shall pay the minimum rate of
wages°specified`therem for the classification which most nearly corresponds,to Services
to be performed by-that person. rate thus furnished shallbe applicable as a
minimum for such trade:or occupation from Abe time of the initial"employment of the
person affected:i nd during the continuance of suelremploylnenf.
Ole name:
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Prevailing Wage Exhibit Service Agreements
Provisions Required Pursnani to California Labor Code§1720'et seq.
{iManige 111037770)(March 2013)
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EXHIBIT 0
ACKNOWLEDGEMENT AND CERTIFICAI'ION'PURSUANT TO
CITY OE PETALUMA LIVING WAGS ORDINANCE
PETALUMAMUNICIPAL CODE'CITAPTER 8.36.
The City of Petaluma Living Wage Ordinance("Ordinance"); Petahuna+'Mtmicipal Code Chapter
836, applies to certain:service contracts, leases, franchises aiid otheragieements'or finding
mechanisms providingfritancial assistance (referred to hereafter as an "Agreement?')between
the City of Petahnna(`(City') and/or the Petaluma Community Devetripmept Commission
("PCDC") and:contractors, lessees, franchisees,-and/or recipients of City and/or PCDC funding
or financial ("covered entities").
Pursuant to Petaluma Municipal Code Section.8.36.120,,as part of any bid, application or
proposal for any.Agreeinentsubject to the Ordinance;ethe covered entity shall:
• Acknowledge.that the:coveied entity;is awareofthe Ordinance and,intends to comply
with its provisions:
• Complete the Report of Charges,Complaints,`.Citations and/or Findings contained in this
Acknowledgeindlit and Certification by providing information, including*date, subject
matter and manner ofresolution, if any, of all wage,hour, collective bargaining,
workplace safety,environmental or consumer protection charges,complaints, citations,
and/or findings of violation.of law or regulation byar y regulatory agency or cowl
including'but notlimited.to the California`Department of Fair Employment and Housing,
Division of Occupational Safety and;Health (OSHA), California Department ofindustiml
Relations (Labor Commissionir), EuviroiimeTUal.Protection Agencyand/or National
Labor Relations Board, whichthave been filedor presented to the covered entity within
the ten years,immmediatelyprier to the bid,proposal;:submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning ofthe term of any
covered Agreement, 01 priorito the execution of said Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a liviugAwage that is consistent with
Petaluma Municipal Code Chapter:8•36.
By executing this Acknowledgement and Certification, the;covered entity(r) acknowledges;that
it is aware of the•Ordinance,and intends to comply with=its provisions;, (ii)attests to the accuracy
and completeness of information provided imthe Report of Charges, Complaints,Citations
and/oi Findings contained herein, (ni certifies that it pays.its covered`employeesa-Living'Wage
as defined in Petaluma Municipal Code•Chapter 8.36 and (iv),atteststliat the person executing
thiS'AelthoWledgement andlCertification is auithoriied to kind the covered entity as to the matters'
covered in/his Acknowledginent and Certification.
Page 1 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIrlCATION
. (iManage#1638697.2 (March 2013)
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SO ACKNOWLEDGED and CERTIEIED:
Project orContiact-ED:
C K rr 1\ V1L. Date: "C C/227 20/3
(Print Name of Covered Entity/Business Capacity)
•
By / ' eo6ee%e. 6, (Ail-,' -pvl •
(Print Name)
•
/s/ ) (J . Ire-N
(Signature)
Its Operd�11�vt5 F r1G C/ 05(,des*-
(Tit e/Capacity of Authorized Signer)
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Page 2 of 3
• I LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
{°Manage 41638697.2 (March2013)
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RiutowroF grARGES;cOMPLAINTS,•CITATIONS-AND/OR FINDINGS
PURSUANT TOPYETALUMA MUNICIPALCODE SECTION 8:36.120
FOR EACH WAGE;HOUR,COLLECTIVEBARGAINING,WORKPLACE.SAFETY,ENVIRONMENTAL OR
CONSUMER PROTECT ION CHARGE,COMPLAINT,CITATION;AND/ORFINDING OF VIOLATION OF LAW
OR REGULATION BY.ANY REGULATORY.AGENCYOR"COUR'1',:INCLUDING BUT NOT LIMITEDTOTHE
CALIFORNIA DEPARTMENTOF FAIR EMIpLOYh7ENT AND-HOUSING,DIVtSlON(07 OCCUPATIONAL
SAFETY AND HIiA LTH(OSHA),CALIFORNIA DEPARTMENT OF'INDUSTRIAL RELATIONS (LABOR
COMMISSIONER);ENVIRONMENTAL PROTECTION AGENCY.AND/OR NATIONAL LABORRELATIONS
BOARD;WHICH:
o AFFECTS YOU ASA PROSPECTIVE CONTRACTOR,SUBCONTRACTOR,t ESSEE;;FRANCHISEE
AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR.PETALUMA COMMUNITY
Di VELOPMENTCOMMISSION-FUNDED-AGREEMENT OR BENEFIT SUBJECT TO PETALUMA •
MUNICIPAL CODE CI IAPTER.8:36'.(LIVING WAGE,ORDINANCE),AND
• DAs BEEN FILEDOR•PRESENTEDTO YOU WITHIN 111E?LEN YEARS IMMEDIATELY PRIOR TO THE
BID,PROPOSAL;SUBMISSION OR REQUEST FOR WHICH.THIS ACKNOWLEDGEMENT AND
CERTIFICATION IS.MADE.
PLEASE PROVIDE THE DAT'E,'I IIE"REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT„CITATION OR FINDING,THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY,FOR EACH SUCIi.CHARGE COMPLAINT,CITATION OR FENDING.
•
IF NONE,PLEASE STATE"NONE'.':
ATTACH.ADDITIONAL PAGES•IFNEEDED.
Date:
Regulatory Agency or Court:
Subject.Matter: -
Reseliitioli; if aril,: -
Expected resolution,:ifknown:
Page of”
LIVING WAGE ACK NOWLEDGEMENT
AND CERTIFICATION
(iManage k 1633697.2 (March2013)
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EXHIBIT'-A
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EAST'WASIHiNGTONPARI{.PHASE 1
PROJECT NO. 000400104
SCOPE:OT WORK
The following detailedscopeof,work;,is fordhe.City,ofPetai una's-East Washington:ParkPhase
1 project: The services covered:under- his contract ate professional,engineering,setvices,and'will
be performed under;tlie,-resporisible•cliaige of a RegisteredEngineer-in the State of California.
1. BASIC SERVICES
The task numbers in this Scope of Basic Services are associated-with the fee schedule
provided.
Task 1.0—ProjettManagement
1.1 Prepare-Work Plun
Consultant'will develop a Project-Work Plante use.as a basis:for project
execution.The,work plan will include:
o Project:completion schedule and key:niilestones,
o Project team organization, centacbiitfetination and communication
kittocols
o Detailed scope of improvement which includes:.
o East Washington Street Frontage Iuip_rovements (Right.Turn Lane
and Bike Path)„
o 2 synthetic turf fields with-associated lighting and irrigation (thy)
o Water,;recycled water, and.electttcal conilaits(no sewer)
of Aggregate:Base access road and"parking as base bid item with a
bid alternative that includes paving
o Paved ADA parking as required
• o Grading.and.Diainage Modifications due to reduced.scope •
o Provisionsfor seating areas
1.2 Project Kickoff'
Consultant'will conduct project=kickoffineeting with the City and key consultant
staff:The kickoff meeting will be used to review thePr•oject Work Plan, gather
background information, and solicit input and questionsfrom City staff to proceed
to a'75% PS&E,package. At this thine the teanrwill revieW the proposed scope of
services to determine ifany additional itemsjneed to be included._Scope increases
willbe reviewed at that time to determine'ifihe project.caistill remain on budget
with no costiicrease.
1.3 Mentirly.Pi•ogreulRepoi is
Consultant willssubmit progress reports each month sununa•izing the work
accoMplished in that period, Critical issues requiring resolution, andLbudget-status.
The prognessrreports provide the City an at-a-glance summary of the major issues,
and overall project,status.
20
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1:4 Project:Teain Coordination •
Consultant;will•regularly evaluate;project-staffing requirements_and assign:staff:as
needed to meet pioject quality andschedule requirements.This task inchides:staff
coordination meetings necessary'to communicate keyprojectissues as they
develop durarig the course of thework,
•
1.5 QA/QCRevieivs
Consultant will perform review of all,deliveables by ow designated QA/QC
engineer.
has/c 2A—Constmuction Drawings,Specifications, and Estimates
2.1 75% Construction Drawings;Specifications, and Estiiirates
The project•design will be based on theprevious 100%DesignaPS&E'and updated
per reconuseiidatious:in,the ProjecuKickoffMeeting Notes will inctude the
preparation of drawings, specifications, and opinion ofpi'obable construction cost
as follows:
a. Revise,drawings and specifications:indicating the scope, extent, and
character of the work to be performed and.fmnished,by contractor.
Specifications shall conform to the 16. division-format of the Construction
Speciftcatioi s:Institute:(CSI Format).
b. Consultant will provide the City with a revised opinion of probable
construction cost indexed-to the EnginecringNews-Record (ENR)
Consti•uctioii Cost Index (CCI) forthe San Frahcisco.areaand.formatted
by CS 6specification section.
c. Consultant will coordinate with the.Federal Aviation Administration
(FAA):to update the City's existing FAA 74.60 permit.
d. Consultant}vilbprepare and fiu'nish draft Bid Documents at the 75% and
100% design levels for review`.by City.
e. Consultant will meet with;the.City to presenteach design submittal to City
staffand,to receive the City's reviewcommen_ts. •
f. The City will"provide;iUpdated front-end (bidding and contract) documents
to Consultant for modifications andinclusioninthe contract documents.
2.2 FiiialBid Documents
Finalize,and'stibmit the Bid Documents aiid.a.revised opinion of probable
construction Lost:after receipt of City's 100%,design',submittal comments and
instructions.
Task 3.0—Bid Phase,Suppart
Consultant Will provide Bid"Phase Support and COnstrUetion Support Services.
o Thelproject manager and landscape architect will attend one (1)pre-bid Meeting and
• job walk to field questions front interested parties. The City will prepare a written
record ofattendance;and items discussed.
EXHIBIT A`
PTge2of8
21
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o Respond to technical, questions during bid., Consultant will;respond to questions
received.by the City/from I lan.holders and°document'the.responses, A spread sheet
detailing questions,responses, and tracking will be maintained by Consultant,.
o Prepare addenda 'Consultant will subnutltechnical•infoniiation to City in order for an
.addenda to beprepared. The City wilhdistribute the addenda to known plan holders.
If addenda is required dub to design error or omission then Consultant will perform
without idharge,
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Task 4.0— construction Phase Support
Consultant will perform the following seivices'duiring construction+of the project upon
authorization bythe City: Proposed'Construotion Siippeitservices,i rclude the following:
4.1 Pre-ConstructiorulVieeting.
The.Coiisultant's Project Manager and Landscape Architect will participate in the
preconsti'uctlo r meeting.
4.2 Shop Drawingstand;Subniitlals.
Review and respond to shop drawings and,submittals,
4.3 RFYs and'Clnrifleation
Review and respond.to Requests.for Infonnatiotr(RFi):
4.4 Review Clrange''Ordeis •
Assist with change ordet requests and provide technical information to be used If a
change order is:required-due to design error o1 omission then'Consultant will per
without oliaige.
4.5 Site Visits
. Weekly site visits to:the,project site Theibudget is based on 32 visits during
construction as required(assuming 3 hours/visit): This task also incorporates
Consultant''s landscape,aiehitect visits, conformance surveying of top rock, and
biologist field studies. Due to biological mitigations required for this project a
qualified biologist provided by the Consultant shall conduct pre-construction surveys
to determine'.if nesting'birds`are picsent iti the'vicinity-of vegetation to be•removed.
They shall also conduct a preconstruction,survey-forthe American badger at the
projectsite seven clays priorto start of.constructioh:
Consultant will perform.the following site observations+based=on,constr-uction •
schedule to-verily coufdrinance with plans:
o Installationof:utilities including; water. recycled water„and electric
Installation of the:storm drainage system,and detentiombasin
o Access;Road and Parking Improvements
e East,Washington Street Improvements
Bike:Path Improvements
o Lighting foundations
e Fencing foundations
EXHIBIT A
or Page 3 of 8
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Development of! puiich'list and final project closeout
The Consultant's Landscape Architect will pei`form the following in site observations:
o Constrtiction.Staking andLayout Of Fields
o lnigation:quick coupling.valves and boxes
o Surfaceplanarity oftop rock�after conformance survey has been approved..
o Synthetic turf layout and-installation
o Fencing and Gates,
o Develop punch list for landscape architecturatitems.and final-observation.
4.6 Monthly Progress.Meetings
Attend Monthly progress meeting's: The•budget'is based on 6 meetings assuming a 6
month constructidn peried.
4.7 Geoteehuical inspections and Testing (rfatecessaty)
The Consultant's geoteolinibal engineer Will perfonmthe inspections and testing
required for thefollowing;items during construction:
o Attend:the Pre Construction Meeting
o Observe!Site•Preparation,
o Lime Inspection and Testing
o Field=Sub-Drain Inspection and'Testing
o Baserock/Paving-Inspections and T esting
o ;Utilities Inspeetion§and Testing
4.8 Record,Drtwings
Prepare record.di'awings:based on'as-builPdiavingsmaintained by the contractor and
the construction Anticipate that 17 of the drawings will.be:revised.
Therefore it is'estimated that approximately 3 hotirs,per'drawing will be required.
2. DELIVERABLES`
Task 1 —Project Management
o
PrOject Work Plan(electronic)
o Meeting Notes;from.Project.Kickoff meeting to define:Scopeof Work
o Monthly Progress Reports (electronic)'
Task 2 Construction Drawings, Specifications,:and Estimates
o Preliminary Bid Documents at'the 75%, and 100%design levels (3 paper copies,
I I"x 17"; 1 electronic copy)
o Final-Bid.Docuiiients (l ocigitial,Wet-stanip,set of 11" z.17" plans and.
specifications, the CAD files for all of the drawings;pdf copies of the plans in.
botlr,11"x 17"and)22" x 34" formats, and'the WarcIfiles of the specifications)
• The;Engineec shall submit the final deliverables, including Confonned
Documents toithe:City on a CD-ROM,
EXHIBIT A
Page 4 of 8
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Task3 —Bid Phase Support
•o Respond to'RFPs•and Prepare'Aldendum
o. Preparation?of conformed plan"set(ontioital service)
Task 4—ConstructiomPhase.Suppoi•t
o DevelopTuncli list
• o Preparation of Record Plan Set
3. SCHEDULE
Estimating authorization from the-City to start repackaging and designiof'East Washington
Park Phase 1 Project in June 20,13 final bid documentsSor'Phase'I will be completed by the
end of 2013 for-Construction in;2014. Bid Phase•services are assumed to start in February
2014 with constt uction-ollowing:starting in April/May.;through October 20',14. A more
detailed schedtile will be provided upon City aiitl otization.
4. CITY'S RESPONSIBILITIES;
In addition-to oilier responsibilities of thefCity asset forth in,the.Agrecment, the'Citysliall.at
its'expense:
L Autliorize.Consi ltant to provide Additional Services ifregtii'ed,
2. Arrange,for•access;to:and make all provisions-for Consultant'to entei upon public and
private ptupery_as;required':for Consultant to perform services under the Agreement.
3. Provide reviews; approvals,:CEQA documentsfrom all governmental authorities
having juusdiction to•approve•all phases'of the.Project•designed oi•specified by
Consultant s ich reviews, approvals, and consents floor others as.may'be
necessary for completion ofeach phase of the Project:
4. Provide •as-reijuited for the,Project.
a. Accounting, bond'and financidl advisoty,;in_dependent cost estimating, and
insurance tcounseli'hgcservices.
b. Legal services with'regard,to.issues•pertainiiigto tlie"Pfoject,as the City requires,
Contractor raises,or Consultant reasonably,requests!
c. Placement:and payment for advertisement for bids inaj liropriate publications.
5. ADDITIONAL.SERVICES
Consultant's Additional Services are services the;City authorizes-or requests•Consultant
• to,provide.that area'n addition`to or a ehange,hi Basic,Services: They shall be paid for by
City as pro,vided in the Agreement-in addition to the;compensation for.Basic;Services.
Consultant may provide-Additional'Services ifagreed to in writing by City and
Consultant.
Additional:Services could include:
1. Pioovide.foi fiill construction management'including resident engineer,:onsite
inspection, andicontract administration duties+as the City's representative.
2. Providing renderingsior model§ for theiCity's rise.
EX6113rr A'
Page 5of8
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3. Furni hingservices of subconsiiltants"for other than Basic'Services.
4. Preparing additional BittUdenments or Contract Documentsfor alternate bids or
prices requested by:the City for the Work'or a portion thereof
5. Other services:performed or_firmshed by Consultant not otherwise=provided for
in the.Agreei ieht.
6. Additional biological/environmental Surveys(i.e, ongoingbadger surveys)
6. COMPENSATION:
Compensationishall'be`based'on actual time expended to complete each of the project
tasks,by the identified-staff member positions at',the rates:established lished in the following task
sumriiary: If a change or additioii in staff.methbersas identified tluough"the.duration,of
the project,the Citywill be notified with the applicable staff member position andhourly
rate per the hourly rates,schedule provided in thisexhibit:Total compensation for any
task shall notezceed the total amount indicated.for that task without prior written
approval from the City.
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EXHIBIT A
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•
o sn.. A S `m"o Fmi Ah A E 4 AA A A E E. m m $ Y�n c.
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Manage,,i, $ 255.00
Manager 2 245.00
Manager 3 230.00
principal Professional 1 20500
Principal Professional 2 190.00
Senior.Professional-I 17000
SeniorProfessional2 150.00
' Professional 1 135,00
Professional 2 120:00
Professional 3 105.00
Vacation Professional 85.00
Sr.Principal Tech Office 2 166.00
Principal Tech:Officer 1 140.00
Principal Tech Officer 2 • 13000
Senior Tech Officer 1 125.00
Senior Tech Officer 2 110.00
Drafter 1 95.00
Drafter 2 .80.,00
Trainee Drafter 70,00
PTiPriincipal Aclmin Officer 255:00
Principal Acimin Officer 170.00
Senior AcjmimOfficer 10500
Admin Officer St. g5 00
Adrnin.Officer 2 85.00
AcimiA Officer 3 • 7600
Principal Service Group Support 175,00
SenorrSercice Group'Support 1,1500
Service Group,Support 1 100.00
Service:Group Suppat.2 00,o0
Service Croup Support 3 75.00
Sr.Consiruetion Manag& 215.00
Construction Maireger 1 95.00
Principal Site Engineer 165.00
Sc site Engineer 120.00
Site Engineer 116.00,
Senior inspector. 10000
Inspector 80.00
Chaim-flan 55.00
Clerical .55:00
•
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