HomeMy WebLinkAboutAgenda Bill 3.D 12/20/2010L -
A Item
a
DATE: Dece
mher 20', 2
' • TO: Honorable Mayor and Members of the City Council through City Manager
FROM. Pamela Tuft — Interim Director, Water Resources & Consery on
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreementfor'Design Services for the Mt. View Sewer Main Replacement
(Purrington Rd. to Petaluma Blvd. South),, C66401'605 Project
RECOMMENDATION
I City Council adopt the attached Resolution authorizing the City
Manage o execute a Professional Services Agreement for design services to Winzler & Kelley
f6 the Mt, View Sewer Main Replacement — (Purrington Rd.. to Petaluma Blvd. South) project.
BACKGROUND
# 30
The Mt. View sewer main is predominantly Vitrified Clay Pipe, which is damaged and in need of
replacement or lining.
The,high infiltration and inflo &I), impart due to the cracked,and damaged nature of this
main, caused sanitary sewer overil ows. (SSOs) experienced on Petaluma Blvd S. during various
significant storm,events"from20M to the present. As a.xesult_ .of the SSOs-the Regional Water
Quality Control Board (RWQCB) has,identified this project as mandatory and requires its
completion as a demonstration of compliance with RWQCB enforceme . ,directives.
DISCUSSION
p y g g J
The.De artment :of Water Recourses and `Conservation solicited Re quest for Proposals (RFP)
Carlenzo eers Brel e & Race, Psomas, West Yost
4,
Associates. s and Wmzler &Kell for Engineering and D e9,ign.ser
Green Valle Consulting En m
y g' g yices for this project. These six
local ;firms were solicited because,.of their demonstrated ability to provide, engineering services,
the high l' ' 1' f service they.have .provided on prior, projects, and because they have qualified
personnel available for this work:
After careful consideration reference checks, and review of the: proposals, City staff
recommends,Winzler' 8c Kelly as the best firm suited to perforni this.service ,.There. were
' criterion identified m the RFP used by the selection committee to determine the most qualified
Agenda. Review:
City Attorney Tinance Director City 1Vlana
proposal. The' crrtenon ranged from experience and teehmcal approach to schedule and
submission completeness Winzler & Kelly is being rec6 ndedbecause the firmIa's
extensive experience with engineering and design services on utility.pro�ects of similar-
complexity and magnitude.
City Staff recommends engaging Winzler & Kelly to provide design services for the project.
FINANCIAL IMPACTS
The Scope of Services includes project management, preliminary engineering and final design
services performed on a time and, materials basis not to, exceed $1 T2 and construction
bidding ,and construction support services provided for a fixed fee of$63,468. Total cost of this
proposal is a not to .exceed amount of $176,426. The total FY 10 -11 project budget is
$1,555,000.
ATTACHMENTS
1'. Resolution
2. PSA Agreement
3. Location Map
m i P
2
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR, DESIGN SERVICES
TO WINZLER &`KELLY FOR TAE`MT. VIEW.�SEWE'R.MAIN REPLACEMENT
(PURRINGTON RD. TO PETALUMA BLVD. SOUTH) C66401005 PROJECT
WHEREAS, the City must comply with all requirements of NPDES permit Number
CA0037810 for its effluent discharge; and
WHEREAS, the City's sewer system in the south west sector has experience a number of
sanitary sewer system overflows since 2005; and
WHEREAS, the Notice of Violation of Order R2- 2005 =0058 letter sent by the. California
Regional Water Quality Control Board dated November 10, 2010 specifically identifies the work
included in this project as needed in effort to address said overflow issues; and
WHEREAS, this project requires the services of a professional engineering firm familiar with
sewer system evaluation and design experience to provide engineering design services; and
WHEREAS, Winzler & Kelly has demonstrated ability to produce superior quality work on
complex engineering projects by a number of quality engineering designs for Bay
Area municipalities, includ'ing'the City of Petaluma; and
WHEREAS, staff recommends the City execute a professional services agreement with Winzler
& Kelly for design services for the Mt. View Sewer Main Replacement (Purrington Rd. to
Petaluma Blvd. South) Project;
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
Design Services with Winzler & Kelly in support the Mt. View Sewer Main Replacement
(Punington Rd. to Petaluma Blvd. South) Project, in the amount not to exceed $176,426.
Attachment.2
PROFESSIONAL SERVICES AGREEM'E'NT
Design Setvtees for Ivlt, Ueiw Sewer Main Replacement
Purr ri on,'�to P'eWii —� Blvd. South
(Title of Project)'
FY 10 /1 t Fund # 6600.66999 F:xp. Acct..!# 54! l0 Project #. 06'6401005 ' °Amount $ 176,426
I-or multi -year contracts.or contracts wilh;'multiplesaccounts
FY Rind' #. Ex p. Acct# 1 #- Amount $ l
FY Fund #' I xp. Acct. #. Project 9 Amount $
THIS PROFESSIONAL SERVICES AGREEMENT ive Date by aril between the City of a nd effective
as of , 20 ("E ffec
E (Agreement) is entered into
" Petaluma, a,
municipal corporation and ' a charter ,.city ( "City ") and 'ViWinzker, & Kelly a corporation
( "Consult " ) (collectively, the "Parties ").
WHEREAS, the Parties enter i to this Agreement for the purpose of Consultant providing
professional services to City underlhe terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows;
1. 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; Bus ness`Tax Certificate
A. For the full petformance of the Services as described herein, City shall
compensate:Consultant under the following terms; time and materials for tasks A,
B &'C and a fixed fee for task D
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 bepaid for such ,services. In, no, case shall the total compensation
under this Agreerent exceed $476,426 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'wrttten
authorization; of the City Manager.
D. Notwithstanding any provision herein', 'Consultant shall not be paid any
compensation until such time as Consultant has on file with the City Finance
Department, current information requested on the "Vendor Information" forth
available from City, and has obtained a currently valid Petaluma business tax
certificate.
PROrFSSONAl, SURUIC L`S ACJRE_ M1.N r (City) (Manic,, 1GO932�)April201fl 4
winder& hell
'y rorm (Ntry 2o1U) (rn,l)
M1
3.
Y' b pay pe p E. Crt s obit Tat on to a Compensation to Consultant as provided h'ereui is;
co
and condition s.of this Ag reement and any, amendrhe is t h ere t o . ant to the ter'm's
nt up on onsultant
in ent °Cs rformance of the Services pursuant
g Y
Term The term of this A reennent commences�on the Effective Date, and terminates on
December 31, 201 L ; .,�unless sooner terminated to .accordance with Section 4. Upon
termination', any and all of City's documents or materials provided to Consultant and any
and all of the d ocuments of materials prepared for City of relating to the performance, of
the Services, .shall be�,d later than fourteen
el>vercd to the Cit y as coon as possible, but not
(14) days afteraermination,,of the Agreement.
4. Termination City may .terminate this Agreement withoui ,cause upon ten (10) days'
written notice.; City may immediately ton ninate 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 iiisolvency. 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, "Consuitant.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"
'; Con'sultant shall be liable to City for any excess cost City
incurs, for completion of the Services.
5. Consultant's Representation; Independent. Conti,- actor Consultant represents that
Consultant possessesdistinct professional skills in perf0r.ning 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 perforib all Services under this ,Agreement. It is expressly understood that Consultant
and "im agents and employees, ,shall act in an indepenclerit 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'E ou pment i° Co shall, at its sole cost and expense, furnish all
facilities and eq that may be required for furnishing Services pursuant to this
Agreement.. City hall furnish to Consultant no facilities- or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses; Permits, Ete. Consultant shall, at Consultant's sole cost and expense, keep in
effect at alLtirt es during the term `of this Agreement any licenses, permits or other such
approvals which are 4egally required fonperforming.the Services.
8. Time Consultant shall devote such time to the pe formance 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 beirg,perforffied in accordancewith the requirements and,intentions
'of this Agreement. All work done and materials furnished; if any, shall' be subject to
2
PROI 'SSIONiAL sI RVICI, SAGRE eMl N "I' (City
(iMana g c 00093 Aril 2010 5 "
Winzler & Kelly Eoro; (Nov. 20 10) (fink
10..
inspection and approval b'y the City., The inspection of such work shall not relieve
Consultant ofaiiy of"iis,obli'gations pur_suaritio this,Agreerrient'.
Progress Reports Upon the Cit . y' s request q est 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 <n6t directly or indirectly disclose of 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 shalt q y indirect, financial or otherwise, .
not ac uire an interest, direct of
which would conflict in any
covenants that, in the , theo t erformance -of the Services
ny manner or degree with. the performance
hereunder. Consultan_'t fiir'th ance of this .Agreement, it
shall not ern
rem toy ai
- a y subcontractor or person haling Such a co of interest.
p p " that no one who has or will have an 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 solve discretion, immediately terminate this Agreement,. Certain Consultants are
subject, 'to the requirements, including the disclosure and reporting requirements, of the
Cit 's Conflict of Interest Code adopted pursuant. y p p to the Political Reform Act. Such
Consultants subject to the City's Conflict of Interest Code include those whose work 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 1.
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' Nor 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. Consul tant shall have'no authority, express or implied, pursuant to this, , Agreement
to bind to any obligation whatsoever.
14. Standard of Performance Consultant shall!, perform. all the Services in , a manner
consistent wid the standards of Consultant's profession. All instruments of service of
Whatsoever nature ,which Consultant delivers to City p usuarif 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. Assignment4ransfer No assignment or transfer in whole'or in part of this Agreement
shall be made' without the prior written consent of City.
16. Subcontractors Consultarit'shall directly perform all Services, an&shall not subcontract
any portion of performance of the Services without the prior written consent of City.
3
PROFF.SSIQNALSE RVICES ACRE E ME'N`I° ( City)
(ituf mige „6.09,2 ) April 2010 6
WinAer & Kelly Form (Nov. 2060) ()mk)
Any such subcontractors shall be xequired td comply to the full extent applicable,, with
the terms and conditions Agreement, including but not limited to; procuring arid`
add t on
ta to g Insurance covera g e as required ;h erein and which shall name City as' an
'
1, insu
red.
17, C tate and l comply
p p Y with all applicable ; local,
a federal > ule s laws, aand o er t ainr l
' regulations iig to the perforrxtance of
the Services required hereunder, includi h not limited - q g t ,. ,ordinances mited to, the California Building
Standards Code as'in effect an the the Americans' with D.,isabilities 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 regulations) , 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 rules and regulations applicable to such fiscal assistance.
18. Living Wage Ordinance Without limiting the foregoing 'Section 17, Consultant shall
comply fully with the requirements. of Petaluma Municipal' Code Chapter 8.36, Living
Wage (the . Living Wage Ordinance "), as the same. maybe amended from time to time.
U on the Cit s. uest Consultant shall promptly provide to the City documents and
P Y' re 9
information verifying Consultant's compliance with the -requirements of the Living Wage
°a Ordinance, and shall within 'fifteen (15) calendar days of the Effective Date of this
Agreement, notifyeach affected employees as to the amount of wages and time off
that are- required to'' be 'provided to them pursuant 'to the Liv_irig Wage Ordinance.
Consultant's noncompliance with. the Living Wage Oidir ance shall constitute cause for
City's termination of this "Agreement pursuant. to:S'ection,4
19. 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 of rgin; ,ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
20:, Notice Except as otherwise specified in this Agreement
all notices to be sent pursuant
to this Agreement shall be tirade in writing; and sent to the Parties at their respective
addresses , specified below or t 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 senrbyt,.
(i) p Y p ,
r personal. deliver ,�in which.casenotice ineffective u delivery;
u registered :n
(' `) certified or regi's tall, return receipt requested in which ease notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
g riized overn'g
(iii): nationally reco - r ht courier, with charges prepaid or charged, to the
.
sender's account; iiv which case notice is effective on delivery if, delivery is
confirmed by the delivery service; or,
(iv) ;facsimile transtnissioi, 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
4
I'ROri:SSIONA
C;:SFRVICr35 AGRr.;lMl N'L;(City)
(il lanap!060912I) ApriG201;0
winzler & Kelly Lorin (Nov. 2010] (fink)
7
. J e
g, g. f Any notie g
facsimile shal be onsideiedeto have been. rec, ived,on the next business day f
rep
tt Y
is cece yed +after S OOIp:m., re cipient's on , a nonbusiness day:
City-: City Clerk
City f Petaluma
y ,
Post Office B'001
Petaluma, California 94953'
Phone: (707) 778 -4360
w Fax: (707) 778 -4554
Email: citycl&k@ci
And:
'.,. Department of Water'Resources and.Coriservatioii
Rernleh Scherzinger P E.
202 N. McDowell.Blvd
Petaluma, CA 94954
Phone: 007) 7'794583
Fax: (707)'778 -4508
Email: r'scherz n er@ci'.petaftirna_cams
Consultant;' W
At
49
Sa
Pr6ject "A48inager
Phone. X7071 523 -1010 '"
Fax: (707) 527 =8679
Email: biflsilva(a w- and= k.coni
,21. Ownership 4"Docunicnts A11. original papers doaiii eats or "computer material, on disk
or �nicrofilnr, and' copies..theieof:':produced as : a result of �thiss Agreement, shall be the
property of City and: may not be used by Consultant without °the:written consent of .City.
Copies of such documents; of papers shall not be disclosed to others without the written
consent of the City. or his or her designated representative.
22 ex 1 se ndemriif T l
defend with ounsel�ac table �to the C Consultant
acceptance own
mitted b law s
(which a at, its
y )� 1? • wiIl
not be unreasonabl withheld - and hold harmless City and its officers; officials,"
,. p y nts and volu �� ai'bitration,� oceediri s admmistr five r oeeediri^ll liabiliby,
em to ma e rats actions p g p f7s
lndeinnitces from and'a asst any and a
res ulatd'
g eases :and costs iticludn without
g _ iy pi,oceedmgs, civrl� penalties and fines, cxp _ ( ",. .,, g,
aims;, s
h
mitat�on, clai�n5 expenses fees and ,costs and fees of litigation) (collect .1. - I
"Liab�l�ty ") of ;every nature whether actual alleged or threatened; arising out of or in
connection with the Services or C'onsultant's failure to comply with any of the terms of
this Agreement, tegardless of any fault.or alleged fault, the'lndemnitees.. "
hall no °' y armless under this provision
e Consultants obligation ..to indemnif ' defend and hold h
Tli ''
s tube excused,lzecause ofther:Consultant s inability to evaluate Liability, oi`� bebause
hIZO E:,SSIONAL SLRVICI S.A "REGME7l C {city)
ler' &�Kelly N9ovl•) April .'2010 '$
n
I.
the Cor sul `wnt,'valuates'Liability:aiid detecrni s that t pN
p " he Consultant, is not or may not, be
liable. The: Consultant must; res within 30 calendar days to any tender for defense
and indemnity .by ;;then City, unless the time ;for; responding has been extended, by an
authorized representative, of the City in writing: If the Consultant faits to accept °tender of
defense and indemnity within 30 calendar days; in addition to. any other remedies
authorized by law, so much of 4he money due or that may •become due the 'Consultant
finder this Agreement as shall reasonably' be considered necessary by the City - may be
retained by the .City until disposition has been made of the'matter subject to tender, or
p p
until the: Consultant acce is the tender, whichever occurs first. ]n the event that, the Ci ty
must file res onsive d'ocun fits in a matter tendered to Consultant' prior to Consultant's
acceptance of tender; Cor ulfant .agrees to fully reimburse all costs, including but not
limited to attorney:'. s fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
Thee Consultant waives any and all rights to express or implied indemnity against the
lndemnitees concerning any Liability of the Consultant ,arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement.
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 tune to - time,
Consultant's duty to indemnify under this provision shalt not apply when to do so would
be prohibited. by California Civil 'Code Section 2782, as may be amended from tune to
tune.
y
V California ivil Code Section 2 g professional
Notes es 'subject l ect to Californi' . 782.8, as ina be amended from foregoing, o the extentthat,the Seivicesincl include design ro
s ervices � time
to time, Consultant's duty. to indemnify shall only be to the maximurn,extent permitted by
California. Civil Code Section 2782.8.
23. Insurance Consultant shall, comply with the ' risurance ReOuirei nts for Consultants"
in Exhibit B- 2,,attached hereto and incorporated, herein by reference. [Indicate attached
exhibit, e.g, ' , . 2 ., .., ,, or "B -4. "J
24
25.,
26.
27.
Amendment This Agreement may be amended only 'by a •written instrument executed
,by both Parties.
1'iti' ation ; ensues which pertains to the 'subject 'matter of Co
s i t f ihereu
za sof p Consultant!
rider Consultant, upon request from City, :agrees to testify therein at a
reasoriabl'e,:and customary fee.
Construction This. A reement is the roduct of ne otiati
g product. g on and compromise on the• part
of both Parties and that •the Parties agree that,.. notwithstanding Civil Code 'Section 165`4,
any uncertainty in the Agreement shall not be iconstrue.cf against .the drafter of` the
Agreement:
Go Law; Venue This Agreement 'shall be enforced and interpreted under the
f
laws o the �a
State of California nd'the City of Petaluma. Any action arisirng from or
6
PROI 1?s$I{)NAL SERVICI AGREEiv E I (C iiv):
pMangc ,,M932o Apri1
` WiRACI' & KCIIy Foi n (No ' . 20 10) (fnik)
9'..
brought in .co`nnection with this Agreement ,shall be ver>uecl in a court of competent
urisd.. `_' , • lie" Co g :a.
rctton to t ' � ty .
un of Soriorina, State of Caltforn
28. Non- Waiver The City's failure to enforce :any ' provision of this Agreement or the
waiver thereof in a particular instance shall riot be construed as a• general waiver of any
part of such provision. The provision shall reinairvin full force and effect.
29. Severability If any term or portion of this Agreement is held to „be invalid, illegal, or
otherwise unenforceable: by a;court of competent. jurisdiction, the remaining provisions of
this Agreement shall corntinue in full force and effect.
30. No Third Party, Beneficiaries. The Parties do not intend to. create, and nothing in this
Agreement shall be construed
to create any benefit or might" in any third party.
31. Mediation The Parties agree, to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon'the mediator and shall divide the costs of mediation equally.
32. Consultant's Books 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 disbursements charged to the City for
a minimum period of three (3) years or for any','Jonger period required by law,
from the date of final payment to Consultant pursuant to this Agreement.
B. Consultant shall "maintain all documents and.' records which demonstrate
performance under this Agreement for a minimum "period of three (3) years or for
any longer period'required by law, front the`date' of termination or completion of
this Agreemerit.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, iat any time: during regular business
hours, 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 Hall
when it is .practical to do so. Otherwise,,, finless an alternative is mufually agreed
upon, the records ,shall -be available at Consultant's address indicated for receipt
I f notices in this Agreement.
D. Where City has reason to believe that such records; or documents may be 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 the records and
documents be maintained in Petaluma. City Hall. Access to :such' records and
documents shall be granted to any party auth'o,rized by 'Gonsultaint, Consultant's
representatives, or Consultant's successor in interest.
33. Headiwzs The headings used'in this Agreement are for convenience only and are not
intended' to affect interpretation or construction of any provisions herein.
RRO} izSSIONAt. SGRVICU..S AORtIN ((Jty)
(iManagz t 6093? L) April 20-1 0 1
Winner & Kdly Borne (Nov. 2010) -(fA)
34. Survival. All �qbligatiqns arising prior to the or expiration of this Agreement
, 11 — I . I I
and all provisibils.,,of this Agreement ,all'oc.at.i,n,gIiab,ili City.' and Unsultant
shall survive the termination or expiration ofthis Agreement.
35. Entire Agreement. This Agreement, including, the exhibits attached hereto and
incorporated hereinr, constitutes the entire agreement betWeen,th& 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, the day,. month and
year first above written.
CITY OF PETALUM C04
A , $ 41W r/ I/
IC
City Matiager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department, Director
APPROVED:
RiA Manager
APPROVED:
Title 0'
� �� S . 'CSC -o�:t �x' cue.
Address,
r � C� QS � o �,
City State Zip
Z:j Liq
Taxo,lyer -1,.D. Nmliber
000A q(0 12
Petaluma Bttsiness'fax"Certificate Nuinber
I
Finance Director
rile name:- S:\ClP\WA S TEW I A Mt. Vei%v Sewer Main Replacement llurrinLaon 'to Petaluma 131vd.
8
PROFESSIONAL SERVICES AGREF'NIENT(Cit)
(iNttwagc;M60932 20 1
" 1 11 2 1 V1
%Vinzle� & Kcily';'Forni (Nov; 010). nk)
Scope of Work
The services covered under this contract are p design rofessional services and will be performed under
the responsible charge of a Registered Engineer in the State of California. The services include a
Preliminary Investigation /Scoping Report Phase' and Final Desigh Phase. Anticipated subtasks will
"'
include: kickoff meeting, field visit with WRC staff" 'CCTV review /evaluation, Scoping of
improvements /pre- design workshop with WRC, preliminary engineering findings. and recommendations
P d i
re ort, final construction contract ocuments (PS &E), and engineers ng services during construction.
"Task A — Project Management
This task includes maintaining records of communication, managing project deliverables and schedule,
overseeing the project budget ..and invoicing, meeting preparation /attendance and quality
assurance /quality control.
Invoices, Progress Reports, and Schehlles — Winzler & Kelly will, provide WRC with regular monthly
status reports that accompany invoices for services. The status reports.shall summarize progress, report
p allen es related to.sc bud et or roject imple " mentation and shall summarize
on otential ch g g P J
progress with respect to the project udget. Winzler & Kelly will prepare a project schedule that will
identify project milestones of'both design' "and construction phases;Anecessary to complete the project in
the time frame established by WRC.tonsultantshall also update the schedule as needed.
Meetings. - In order to integrate the WRCs comments and effectively communicate responses, we plan
to attend the following meetings (up to 6 total meetings):
o Project'Kickoff /Site Meeting,
s Pre - Design Workshop /Reconstruction Scoping
Review Report of Findings.and Recommendations (RFR) and 35% Submittal Comments
• Review of 90% SubmittaI,Comments
• Two additional meetings as' „needed
Quality Assurance /Quality Control (QA /.QC) - The Consultant shall perform an independent, in-
house, senior level review of all 'key project activities 'and deliverables. Consultant will perform an
independent review of deliveeables'before submittal to WRC.
Deliverablesr
e Meeting minutes for design meetings
• Schedule ofwork
e Progress report with' invoice,.
November 12, 20I0'
i
Task B — PI - eliminary Engineering, ,
. a
W nzler & Kelly / will theta agenda, participate in
the B
p g the_ Project Kickoff Meeting. Subsequently, we
will perform a field visit to investigate the manholes, identify`'project constraints, and collect pertinent
field information. It is assumed`thatstaff from WRC`that is /are familiar with the project site and
operations will be present at the initial field visit.
Deliverables:
• Meeting. minutes for.kickoff ineeting
B.2 CCTV Review & Evaluation
Winzier & Kelly will review. and evaluate. the existing CCTV data and utility survey data (topo) recently
collected by WRC. Based upon the data in the CCTV, and other supporting project data /documentation
provided by WRC, we will prepare a draft Report of Findings and Recommendations for WRC
consideration.
Deliverables:
o Draft Report on Findings and Recommendations
B.3 Pi•e -Desr 9 n Workslro P
With the investigations, evaluations: and initial recommendations considered, Winzier & Kelly will hold a
pre- design workshop with 'WRC: The workshop will include WRC and any other key stakeholders, to
discuss the results of Task, and the -draft Report of Findin g s and R ecommendations. The workshop
will include open discussion of the project, segment by segment, to achieve Consensus on the technical
aspects of the project design assumptions. Agreed -upon design elements will be included in the final
Report of Findings and Recommendations and 35% Submittal, under Task , : IB.4, All key design concepts,
instruction cons
remove /replace applications, rehabilitation techniques and project schedule impacts will be discussed
.and at the workshop C iderations such active work .zon'e, on- street parking impacts,
traffic control, bypass flow /pumping ,.and pavement /trench rest Oration,,will also be covered. In addition,
we will discuss alternatives which may improve the project (i.e. Petaluma Boulevard point of connection,
additional I &I reduction, etc.) or reduce cost (i.e. recycling of existing pavement section for backfill
material, winter`bid, etc.).
Deliverables:
o Pre - Design Meeting minutes'
B 4 Fina
Winzier `& Kelly will final ze the Report ofrFi` din
Kelly Findings and Recommendations.(RfR); The RFR will. include
approved project elements.,and, serve as.the basis of final design well, as include preliminary design
draw lg pp e, proposed list of, project technical specification sections, 'includi'ng a
draftof Section 78' "Sdnit6ry S wer Lining,(C1PP) and Bypass.Pump1h9 and proposed index of drawings
will be provided "to assist in describing the project elements and details.
The Consultant shall develop 'arid submit the 35% plans for confirmation of basis of design prior to Final
Design Phase submittals: The design will comply with applicable codes and regulations:
November 12 °2010
Page 2
13
a l•
; execution recommendations, such as work se ' ng
A. Construction y � p .
" coon constraints, etc;
" _. onset __ „.
Winzler & Kell, will id'enti s ecial construction consi era i
C. Project impacts on traffic routing and' controls neceect needs; and
e to meet ro
B. Recommended construction schedu ss "ary to facilitate construction.
y e AACE Estimate Class Leve be v e ' op of Probable'
Winzler,& Kelly,,
will prepar
Construction Cost based on information available. The est' o: the
payment schedule in the specifications.'
Deliverables:
o Final Report on 'Findings and Recommendations and 35% Plan "s"
• Outline Technical Specifications with Draft Section 78' "Sanitary Sewer"Linin'g (C/PP) and Bypass
Pumping"
• Estimate of Probable Construction Cost
Task C— F in'al Design
C.1 90% Subinittal '
p re are the a II will
o y nz ler &Key perform
Based on the ,Final Re ort,approved and .accepted b, the WRC in Task B,
Wi
final design services t p p onstruction contract documents' ( &E) for the °project.
PS
.& Kell prepare construction, do amt will abee or r
prepared g the WRC standard for
Winzler•
y will re are' s' biddin Plans will be prepared With
2010- version of AutoCAD. Technical p p P
(Caltr"ans),
Complet . WC of will ovidefront end d currents to Kell -` for review prior to submittal of the
mittal:
B. W nzleb''& Kelly wilkprepare the technical specifications. and assist „'WRC with Supplementary
General
`use WRC C” d b
C. Winzler &Kelly will over format and border methodologies 'es o sheets
plan
D. WRC will package the SGC's and technical specifications provide _'' y Winder & Kelly with the
City :'fr'ont -e'nd ,docuri•ie.nts'i"
p „
E'. 'City standard drawmgsand specifications will be utilized asp appropriate'.
F. Final drawings;' g Ian "and profiles will be 22 , � x 34 'in size.
G. WRC.provid'ed topo is adequateforfinal design
y ip p y the WK. The 90yo submittal will
Winzler'& Kell. will re are`and submit the: 9040 submittal to
. -. g• �bm Y
incor P orate the pertinent WRC review to the 35% su ittal; Vl/inzler
&Kell :'will p "re "pare °far
and attend a 9 0% submittal review meetin
afiles �
•
Del Four,(4) hal ize (11`x17 sets of drawings r
• Electronic copy�of design files (AutoCAD).on CD, complete, with z= ; ef and font files .
a Four, 4 p p rm f �e dra t tecni s
1 f f o
pecifications ..
e Electronic co o dra technical specifications ih,MS WORD and PDF on C D
.' ' f li / f P bable construction cost on _8 112 x 11
•' �ecitor n py copy of.op n on of 'probable construction cost in EXCEL and PDF on. CD .;
Responses t' revre.w comments: °'and 90% submittal meeting.minutes• "
Nove "b6r 12, `?0 0 age '3
,1.4
�.,,,.. ,„ � ,. „ � � � �, ;,�� � � ;,. �' • �� a a:
Wi Final yubr I ptpp ' u the final con struction nzler &Kell wil I re are and nstr documents. (Bid Package) to WRC. The
final construction documents'(Bid Package) will incorporate°the pertinent WRC review comments to the
9000 submittal and will inclodethe following:"
• Written response to WRC review comments to the 90% submittal
• Detailed drawings completed to a 106 completion level,, including all drawings to be included
in the contract documents
• Technical specificati,ons to a 100% completion level
• Final bid schedule to be included in the contract documents by WRC
• Update 90% cost es ate to reflect RACE Estimate Class Cevel 2
r
The WRC will be' responsible for mass,reproduction of the 100% (final)`bidding documents (drawings and
specifications) for advertising of the project.
Deliverables
• One set • Electronic cop of d s s,(PDF) on CD,�with Cons ultant's professional engineering stamp and
signature in PDF file
• Camera-ready copy of final .specifications
• Electronic copy of 'final technical specifications in MS WORD and PDF on CD with Consultant's
• Electronic co of of probable constructiomc cost in EXCEL'
professional engineering P 9
copy f and,:PDF on CD
'1'aslc D - Bid & Construction Phase Services (Fixed Fee)
Al . Bid .Support
Winder & Kelly will assist the WRC �`in obtaining bids and in awardin&the. construction contract for the
project. ising�the project, distributing the bid
ro pct. It is assumed that the WR'C „will be responsible for advert ,
documents, maintaining the, plan holder's list; fielding questions and 'inouiries from bidders, and
coordinating and conducting the bid opening.
Deliverables:
• Review and comment on WRC - prepared pre -bid meeting minutes
• Formal response to inquiries,to the WRC, either in a written format
• Prepare addenda, if needed,. for distribution by WRC
D.2 Des gY Set during Constru p W
t ion
Winzler & Kell will rovide en meerin su ort services to RC during construction. It:is assumed that
g p y
Construction Management and Inspection are provided b others. Services under this task will include:
Deliverarbles
• Submittals (10) Respond,
Review contractor submittals fo provide
r conf rm
• with Construction Docum
pints
• Site Visits ( up to 3)
• Meetings (up -to 2)
Page 4
November 12, 2010 '
15
I
3l } E� 1 3 ,.i't Z }.3.1� � �t;l, t�s e 1�.P1.lC't4 1Fi 4. L i t
g ordination with 1NRC during the PE Phase, supplemental .
Based upon the resultsW investi ation and co
and/or optional'tasks may be desired by'WRC and /or required to satisfy the needs of the final design:
Potential services may 'include:
1. Geotechnical Investigation
2. Underground Utility, Field Verification (Potholing)
3. Smoke Testing (additional I &I Evaluation)
4. Additional Topo.FieldSurvey.
P02055- 1004 -32
November 12, 2010
City`of Petaluma
Department,of•Water Resources and Conservation (WRC)
202 North WDowell'Blvd.
Petaluma, CA94954
Attn: Mr. Remleh Scherzinger, P.E.
Re: Pro osal,,for En ineerin and Desi n p
P g' � g � g :Services - Mt: View Sewer Main Repl
Purrington;to Petaluma Blvd South = Project No. C66401005
Dear Mr. Scher,zinger:
Winzler'& Kelly pleased to present our fi`nal`proposal for Engineering "'and Design Services for the
Mountain "View Sewer Main .Replacement Project, from Purrington Road to Petaluma Boulevard'South.
As requested during our call on Fhid_ay, we:have attached our final proposal for the project including
incorporation of WRC•comments on the scope'of work and fee. The are: attached for
authorization:
1. Scope Work - .updated to include WRC edits as well as addition'of Bid/Construction Phase
Engineering d ; services ; ate and'page.r timbers added to 's 'e P co foo� te r.for tracking g T
'
'
2. Project Fee Sched —
ule `Total Fee $176,426; Tasks A, B and C will b'eTime and Materials; ask 'D
will' be Fixed Fee.
3. Current standard fe'eschedule Valid;for,project °du rat ion' ;..
d that this j ents. n t eW "mprovement of.the 'Department of
We understand Project repres a key step i he overa
ll'i
Water Resource and Conservation s,(W
RC) southwest sanitary sewer collection system and SSO
p g „ g t Notic e to proceed will be
elimination: ro ram. With that said, it:is understood that design contra
in late 2010 and m ° ove c
onsistently though to completion.-
p is °valid;for nin,et (90,)idays and Marc Solomon is an a official able free to c ontact This pr, y r _
0 osay I y uth RC Plea f 'to bind t act. us
firm. We trul , ap,preciate the Opportunrt , to continue our work with. W
if`you have any questions or concerns at'(707) 523 -1010. Thank you for considering Wmz(er &
Kelly to.be part of your team and we look forward to initiating this project with the C.
Sincerely;:
W KELLY
Marc PE
Principal -in- Charge,:
William °Silva'PE
Project Manager
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ATTACHMENT 3
MOUNTAIN VIEW AVENUE
SEWER MAIN REPLACEMENT PROJECT
PURRINGTON ROAD TO BLVD. SOUTH
PROJECT NO. C66401005
LOCATION MAP
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