HomeMy WebLinkAbout _ 4.11(b)--Request for Proposals No. 5382 Construction Management Services GI �" Y � F
� � � ° � � � " � � CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: September 5,2023 FROM: Chuck Aukland, Public
ITEM NO. 4.11(b} Works Director
***APPROVED BY***
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caulcland@ci.redding.ca.us btippin@cityofredding.org
SUBJECT: 4.11(b)--Award Request for Proposal No. 5382 and Authorize Execution of
Consulting and Professional Services Contract for Construction Management and Inspection
Services for the Well 12 Water Treatment Plant Pro'ect
Recommendation
Authorize and approve the following actions relative to Request for Proposals Schedule No.
5382, Construction Management and Inspection Services for the City of Redding Well 12 Water
Treatment Plant Project:
(1) Award to Water Works Engineers, LLC;
(2) Autharize the Mayor to execute a Consulting and Professional Services Contract for a
not-to-exceed fee of $499,'781 with Water Works Engineers, LLC, to provide
Construction Management and Inspection Services; and
(3) A�uthorize the City Manager to approve contract amendments not to exceed$50,000.
Fiscal Impact
The Consulting and Professional Services Contract will be funded by Water Utility Funds
budgeted for FY 2023-24.
Alter�native Action
The City Council (Council) may choose not to award this contract; in which case, City of
Redding (City) staff would be required to manage construction management and inspections.
This would require either consultant services to be solicited for other capital work or reduction in
the City's capital program delivery.
Background/Analysis
The proposed capital Well 12 Water Treatment Plant Project (Project) wi11 install a new water
treatment plant at Well 12 to reduce arsenic, iron, and manganese levels from the well and
loading on the City's water system. Project components include: demolition, site grading,
paving, concrete work, rock slope protection, gravel work, chain-link fence and gates, water
Report to Redding City Council August29,2023
Re: 4.11(b)--ReRuest for Proposals No. 5382 Construction Management Services Page 2
systems, wastewater systems including sludge dewatering, lift station, force main and sewer
lines, drainage systems, yard piping, concrete masonry unit mechanical building and piping
construction, shade structure, lighting, procurement and installation of a Greensand Filter,
chemical storage and feed facility, backwash reclaim tank, sludge filter roll-off container, and
numerous electrical systems including communication networking and instrumentation.
Due to the City's engineering staff's oversight of a significant number of projects this
construction season and the upcoming construction season, there is insufficient staff to manage a
project of this magnitude and complexity without affecting the delivery of other projects. As
such, consultant support is required.
CONSULTANT SELECTION PROCESS
In May 2023, a formal Request for Proposals (No. 5382), outlining the specific scope of work,
was advertised. Proposals were required to include a scope of work and proposed fee. On June
23, 2023,proposals and fee schedules were received from one firm. A review and selection panel
was formed consisting of inembers from the Public Works Department. The proposal was
evaluated based on the understanding of the scope of work, ability to meet the proposed schedule
and maintain the project budget, experience and qualifications of the proposed staff, ability to
work with City staff, project approach, familiarity with City procedures, and geographic location
of the team.
Applying the criteria to the proposal, the selection panel determined that Water Works
Engineers, LLC, has the necessary experience and expertise to provide the required services for
this project.
Following the evaluation and ranking, Water Works Engineers, LLC, proposed fees were
opened, evaluated, and negotiated to include reasonable costs based on the scope of services as
well as previous similar project cost comparisons.
The consultant fee is estimated and payments will be for act�ual work performed on a time and
materials basis within the not-to-exceed contract limits. However, staff recommends the approval.
of an additional $50,000 in contingency reserve. Contingency funds may be necessary due to
unforeseen project issues. If the contingency reserve needs to be utilized, an amendment would
be negotiated with the consultant and the contract would be modified with approval of the City
Manager. The attached professional services agreement with Water Works Engineers, LLC, is
approved as to form by the City Attorney.
Environmental Review
This action is not a project as defined by the California Environmental Quality Act, and no
further action is required.
Council Pr�ioNity/City Manager Goals
This agenda item is a routine operational item.
c: Nick Visconti, Construction Manager
Michelle Kempley, Purchasing Officer
Report to Redding City Council August29,2023
Re: 4.11(b)--ReRuest for Proposals No. 5382 Construction Management Services Page 3
Attachments
^Location Map
Agreement
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PROJECT
�OCATION
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�OF REO� CITY OF REDDING EXHIBIT A
'� ' - Z WELL 12 WATER TREATMENT
� � PUBLIC WORKS
� - �f . ° PLANT PROJECT
t� , .��Q DEPARTMENT �OCATION MAP
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CITY 4F REDDING
CONSULTING AND PROFESSIONAL SERVICES CONTRA.CT
THIS CONTRACT is made at Redding,California,by and between the City af Redding("City"),
a municipal corporation, and Water Works Engineers, LLC ("Consultant") for the purpose of
Construction Management Services for the Well 12 Water Treatment Plant Project.
WHEREAS, City does not have sufficient personnel to perform the services required herein
thereby necessitating this Contract for personal services.
NIJW, THEREFORE, the Parties covenant and agree, for gaod consideration hereby
acknowledged, as follows:
SECTION 1. CONSULTANT SERVICES
Subject to the terms and conditions set forth in this Contract, Consultant shall provide to
City the services described in Exhibit A,attached and incorporated herein,Consultant shall
provide the services at the time,place and in the manner specified in Exhibit A.
SECTION 2. COMPENSATION AND REIMBURSEMENT OF C4STS
A. City shall pay Consultant for services rendered pursuant to this Contract, at the times
and in the manner set forth in Exhibit B, attached and incorporated herein, in a total
amount not to exceed Four Hundred Ninety-Nine Thousand Seven Hundred Eighty-
One Dollars ($499,781). This sum includes all out-of-pocket travel, lodging and
incidental expenses incurred by Consultant that are reasonably associated with the
provision of services under this Contract. The payrnents specified herein shall be the
only payments to be made to Consultant for services rendered pursuant to this
Contract,
B. Cansultant shall submit monthly invoices to City for work completed to the date of
the invaice, All invoices shall be itemized to reflect the employees performing the
requested tasks,the billing rate for each emplayee and the hours worked.
C. All correct,complete and undisputed invoices sent by Consultant to City shall be paid
within thirty (30} calendar days of receipt.
D, Pursuant to Section 1781 af the Labor Code, Consultant is advised that the work
contemplated in this contract is subject to the payment of prevailing wages and all
other requirements of the Prevailing Wage Law, The prevailing wage of each job
classification may be found by inquiry with the California Department of Industrial
Relations, Consultant sha11 comply with all laws related to the performance of public
wark including,but not limited to,the employment of apprentices pursuant to Section
1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to
Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections
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1774-1776 of the Labor Code in regards to payment of prevailing wages and to
provide the City af Redding and Departrnent af Industrial Relations certified payrolls
when required, A certified copy of all payroll records relative to this project shall be
submitted to the City of Redding along with the related invoice, Receipt of certified
payroll records is a prerequisite to receiving payment.
E, No Consultant or sub-consultant may be listed on a bid proposal for a public works
project unless registered with the Department of Industrial Relations pursuant to
Labor Code Section 1725.5, No Consultant or sub-consultant may be awarded a
contract for public work on a public works project unless registered with the
Department of Industrial Relations pursuant to Labor Code Section 1725.5, All
Consultants and sub-consultants must furnish electronic certified payroll records to
the Labor Commissioner, This requirement applies to a11 public works projects,
whether new or ongoing, Consultant is further advised that the work contemplated
herein is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
SECTION 3. TERM AND TERMINATION
A. Consultant shall cammence work on or about August 21, 2023, and complete said
work no later than Decernber 31, 2024, Time is of the essence.
B. If Consultant fails to perform its duties to the satisfaction of City, or if consultant
fails to fulfill in a timely and professianal manner its obligations under this Contract,
then City shall have the right to terminate this Contract effective immediately upon
City giving written notice thereof to Consultant.
C. Either Party may terminate this Contract without cause on thirty (30) calendar days'
written notice,Notwithstanding the preceding, if the term set forth in Section 3.A. of
this Contract exceeds ninety (90) calendar days in duration, Cansultant's sole right
to terminate shall be limited to termination for cause.
D. Consultant hereby acknowledges and agrees that the obligation of City to pay under
this Contract is contingent upon the availability of City's funds which are
appropriated or allocated by the City Council, Should the funding for the project
and/or work set farth herein not be appropriated or allocated by the City Council,
City may terminate this Agreement by furnishing at least thirty (30) calendar days'
written notice of its intention to terminate, In the event of a termination pursuant to
this subdivision, Consultant shall not be entitled to a remedy of acceleration of
payments due over the term of this Agreement, The Parties acknowledge and agree
that the power to terminate described herein is required by Article 16, Section 18, of
the California Constitution, and that constitutional provision supersedes any law,
rule, regulation or statute which conflicts with the provisians of this Section.
E. In the event that City gives notice af termination, Consultant shall promptly provide
to City any and all finished and unfinished reports, data, studies,photographs,charts
or other work product prepared by Consultant pursuant to this Contract. City shall
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have full ownership, including, but not limited to, intellectual property rights, and
control of all such finished and unfinished reports, data, studies,photographs,charts
or other wark product.
F. In the event that City terrninates the Contract, City shall pay Consultant the
reasonable value of services rendered by Consultant pursuant to this Contract;
provided, however, that City sha11 not in any manner be liable for lost profits which
might have been made by Consultant had Consultant completed the services required
by this Contract, Consultant shall, not later than ten (10) calendar days after
termination of this Contract by City, furnish to City such financial information as in
the judgment af the City's representative is necessary to determine the reasonable
value of the services rendered by Consultant.
G. Tn no event shall the termination or expiration of this Contract be construed as a
waiver af any right to seek remedies in law, equity or otherwise for a Party's failure
to perform each obligation required by this Contract,
SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT
A. City shall make its facilities accessible to Cansultant as required for Consultant's
performance of its services under this Contract, and, upon request of Consultant,
provide labor and safety equipment as required by Consultant for such access,
B. Pursuant to the City's business license ordinance, Cansultant shall obtain a City
business license prior to commencing work,
C. Consultant represents and warrants to City that it has all licenses, permits,
qualifications and approvals of any nature whatsoever that are legally required for
Cansultant to practice its profession, Consultant represents and warrants to City that
Consultant shall, at its sole cast and expense, keep in effect or obtain at all times
during the term of this Contract any licenses, permits and approvals that are legally
required for Consulta.nt to practice its profession.
D. Consultant shall, during the entire term of this Contract, be construed to be an
independent cantractor and nothing in this Contract is intended, nor shall it be
construed, to create an employer/employee relationship, association, joint venture
relationship,trust or partnership or to allow City to exercise discretion or control over
the professional manner in which Consultant performs under this Contract, Any and
all t�es imposed on Consultant's income, impased or assessed by reasan of this
Contract or its performance, including but not limited to sales or use taxes, shall be
paid by Consultant,Consultant shall be responsible for any taxes or penalties assessed
by reason of any claims that Consultant is an employee of City, Consultant shall not
be eligible for coverage under City's workers' compensation insurance plan,benefits
under the Public Employee Retirement System or be eligible for any other City
benefit.
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E. No provision of this Cantract is intended to,or shall be for the benefit of,or construed
to create rights in, or grant remedies ta, any person or entity not a party hereto.
F. No portion of the work or services to be perforrned under this Contract shall be
assigned, transferred, conveyed or subcontracted without the prior written approval
of City, Consultant may use the services of independent contractors and
subcontractors to perform a portion of its abligations under this Contract with the
prior written approval of City. Independent contractors and subcontractors shall be
provided with a copy af this Contract and Consultant shall have an affirmative duty
to assure that said independent contractors and subcontractors comply with the same
and agree to be bound by its terrns, Consultant shall be the responsible party with
respect to all actions of its independent contractors and subcantractors, and shall
obtain such insurance and indemnity provisions from its contractors and
subcontractors as City's Risk Manager shall determine to be necessary.
G. Consultant, at such times and in such form as City may require, shall furnish City
with such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this Contract, the costs or obligations incurred or to be
incurred in connection therewith, and any other matters covered by this Contract.
H. Consultant shall maintain accounts and recards, including personnel, property and
financial records, adequate to identify and account for a11 costs pertaining to this
Contract and such ather records as may be deemed necessary by City to assure proper
accounting for all project fiinds, These records shall be made available for audit
purposes to state and federal authorities, or any authorized representative of City,
Consultant shall retain such records for three (3) years after the expiration of this
Contract, unless prior permission to destray them is granted by City.
I. Consultant shall perform all services required pursuant to this Contract in the manner
and according to the standards abserved by a competent practitioner af Consultant's
profession, All products of whatsoever nature which Consultant delivers to City
pursuant to this Cantract shall be prepared in a professional manner and conform to
the standards of quality normally abserved by a persan practicing the profession of
Consultant and its agents, employees and subcontractors assigned to perform the
services contemplated by this Contract.
J. All completed reparts and other data or documents, or computer media including
diskettes, and other materials provided or prepared by Consultant in accordance with
this Contract are the property of City, and may be used by City, City shall have all
intellectual property rights including, but not limited to, copyright and patent rights,
in said documents,computer media,and other materials provided by Consultant,City
shall release, defend, indemnify and hold hartnless Consultant from aIl claims,costs,
expenses, damage or liability arising out of or resulting from City's use or
modification of any reports, data, documents, drawings, specifications or other work
product prepared by Consultant,except for use by City on those portians of the City's
project for which such items were prepared.
Consulting and Professional Services Agreement Page 4
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K. Consultant, including its employees, agents, and subconsultants, shall not mainta.in
or acquire any direct or indirect interest that conflicts with the performance of this
Contract, Consultant shall comply with all requirements of the Political Reform Act
(Governrnent Code § 8100 et seq.) and ather laws relating to conflicts of interest,
including the fallowing: 1) Consultant shall not make or participate in a decision
made by City if it is reasonably foreseeable that the decision may have a material
effect on Consultant's economic interest, and 2) if required by the City Attorney,
Consultant shall file financial disclosure forms with the City Clerk.
SECTION 5. INSURANCE
A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the
following noted insurance during the duration of the Contract:
Covera�e Repuired Not Repuired
Co�nmercial General Liability X
Comprehensive Vehicle Liability X
Workers' Compensation and Employers' Liability X
Professional Liability(Errors and Omissions) X
(Place an"x"in the appropriate box)
B. Coverage shall be at least as broad as:
l. Insurance Services 4ffice form number CG-0001, Commercial General
Liability Insurance,in an amount not less than$1,000,000 per accurrence and
$2,0OO,OQO general aggregate for bodily injury, personal injury and property
damage;
2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive
Automobile Liability Insurance, which provides for total limits of not less
than$1,000,000 combined single limits per accident applicable to all owned,
nan-owned and hired vehicles;
3. Statutary Workers' Compensation required by the Labor Code of the State of
California and Employers' Liability Insurance in an amount not less than
$1,OOQ,000 per occurrence,Both the Workers' Compensation and Employers'
Liability policies shall contain the insurer's waiver of subrogation in favor of
City, its elected officials, officers, employees, agents and volunteers;
4. Professional Liability (Errors and Omissions) Insurance, appropriate to
Cansultant's profession, against loss due to error or omission or malpractice
in an amount not less than $1,000,000.
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5. The City daes not accept insurance certificates or endorsements with the
wording "but only in the event of a named insured's sole negligence"or any
other verbiage limiting the insured's insurance responsibility.
C. Any deductibles or self-insured retentions must be declared to and approved by City,
At the option of the City,either: the insurer shall reduce ar eliminate such deductibles
or self-insured retentions as respects the City, its elected officials, officers,
employees, agents and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations,claims administration and
defense expenses.
D. The General Liability shall cantain or be endorsed to contain the following
provisions:
1. City, its elected officials, officers,employees, and agents are to be covered as
additional insured as respects liability arising out af work or operations
performed by or on behalf of Cansultant; premises owned, leased or used by
Consultant; or automobiles owned, leased, hired or borrowed by Consultant,
The coverage shall contain na special limitations on the scope of protection
afforded to City, its elected officials, officers, employees, agents and
volunteers.
2. The insurance coverage of Consultant shall be primary insurance as respects
City, its elected officials, officers, employees, agents and volunteers, Any
insurance or self-insurance rnaintained by City, its elected officials, officers,
emplayees, agents and volunteers, shall be in excess of Consultant's
insurance and shall not contribute with it,
3. Coverage shall state that the insurance of Consultant shall apply separately to
each insured against whom clairn is made or suit is brought, except with
respect to the limits of the insurer's liability.
4. Each insurance policy required by this Contract shall be endorsed to state that
coverage shall not be canceled except after thirty (30) calendar days' prior
written notice has been given to City, In addition, Consultant agrees that it
shall not reduce its coverage or limits on any such policy except after thirty
(30) calendar days' prior written notice has been given to City.
E. Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than A-VII.
F. Consultant shall designate the City of Redding as a Certificate Holder of the
insurance. Consultant shall furnish City with certificates of insurance and original
endorsements effecting the coverages required by this clause, Certificates and
endorsements shall be furnished to: Risk Management Department, City of Redding,
777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements far
each insurance policy are to be signed by a person authorized by the insurer to bind
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coverage on its behalf, All endorsements are to be received and approved by the
City's Risk Manager prior to the commencement of contracted services. City may
withhold payments to Consultant if adequate certificates af insurance and
endorsements required have not been provided, or not been provided in a tirnely
manner.
G. The requirements as to the types and limits of insurance coverage to be maintained
by Consultant as required by Section 5 of this Contract, and any approval of said
insurance by City, are not intended to and will not in any manner limit or qualify the
liabilities and obligations otherwise assumed by Consultant pursuant to this Contract,
including, without limitation,provisions concerning indeiruiification.
H. If any policy of insurance required by this Section is a"claims made"policy,pursuant
to Code of Civil Procedure § 342 and Government Code § 945.6, Consultant shall
keep said insurance in effect for a period of eighteen(18)months after the termination
of this Contract.
I. If any damage, including death, persanal injury or property damage, occurs in
connection with the performance of this Contract, Consultant shall immediately
notify City's Risk Manager by telephane at (53Q) 225-4068, No later than three {3)
calendar days after the event, Consultant shall submit a written report to City's Risk
Manager containing the following information,as applicable: 1)name and address of
injured ar deceased person(s);2)name and address af witnesses; 3)name and address
of Consultant's insurance company; and 4) a detailed description of the damage and
whether any City praperty was involved.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Consistent with California Civil Code § 2782.8, when the services to be provided
under this Contract are design professional services to be performed by a design
professional, as that term is defined under Section 27$2.8, Consultant shall, to the
fullest extent perrnitted by law, indemnify protect, defend and hold harmless, City,
its elected officials,officers,employees, and agents, and each and every one of them,
from and against all actians, damages, costs, liability, claims, losses, penalties and
expenses (including, but not limited to, reasanable attorney's fees of the City
Attorney or legal counsel retained by City, expert fees, litigation costs, and
investigation costs)of every type and description to which any or all of them may be
subjected by reason of, or resulting from, directly or indirectly, the negligence,
recklessness, or willful misconduct of Consultant, its officers, employees or agents
in the performance of professional services under this Contract,except when liability
arises due ta the sole negligence, active negligence or misconduct of the City.
B. Other than in the performance of professional services by a design professional,
which is addressed solely by subdivision(A) of this Section, and to the fullest extent
permitted by law, Consultant shall indemnify protect, defend and hald harznless,
City, its elected officials, officers, employees, and agents, and each and every one of
them, from and against all actions, damages, costs, liability, claims, losses, penalties
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and expenses (including, but not limited to, reasonable attorney's fees of the City
Attorney or legal counsel retained by City, expert fees, litigation costs, and
investigation costs)of every type and description to which any or all of them may be
subjected by reason of the performance of the services required under this Contract
by Consultant its officers, employees or agents in the performance of professional
services under this Contract, except when liability arises due to the sole negligence,
active negligence or misconduct of the City.
C. The Consultant's obligation ta defend, indemnify and hold harmless shall not be
excused because of the Consultant's inability to evaluate liability, The Consultant
shall respond within thirty (30) calendar days to the tender of any claim for defense
and indemnity by the City, unless this time has been extended in writing by the City,
If the Cansultant fails to accept or reject a tender of defense and indemnity in writing
delivered to City within thirty (30) calendar days, in addition to any other remedy
authorized by law, the City may withhold such funds the City reasonably considers
necessary for its defense and indemnity until disposition has been made of the claim
or until the Consultant accepts or rejects the tender of defense in writing delivered to
the City,whichever occurs first,This subdivision shall not be construed to excuse the
prompt and continued performance of the duties required of Cansultant herein.
D. The obligation to indemnify, protect, defend, arid hold harmless set forth in this
Section applies to all claims and liability regardless of whether any insurance policies
are applicable. T'he policy limits of said insurance policies do not act as a limitation
upon the amount of indemnification to be provided by Contractor.
E. City shall have the right to approve or disapprove the legal counsel retained by
Consultant pursuant to this Section to represent City's interests. City shall be
reimbursed for all costs and attorney's fees incurred by City in enforcing the
obligations set forth in this Section.
SECTION 7. CONTRACT INTERPRETATIQN VENUE AND ATTQRNEY FEES
A. This Contract shall be deemed to have been entered into in Redding, California, All
questions regarding the validity, interpretation or performance of any of its terms or
of any rights or obligations of the parties to this Contract shall be governed by
Califarnia law, If any claim, at law or otherwise, is made by either party to this
Contract, the prevailing party shall be entitled to its costs and reasonable attorneys'
fees.
B. This document, including all exhibits, contains the entire agreement between the
parties and supersedes whatever oral or written understanding each may have had
prior to the execution of this Contract,This Contract shall not be altered, amended or
rnodified except by a writing signed by City and Consultant,Na verbal agreement or
conversation with any official, officer, agent or employee of City, either before,
during or after the execution of this Contract, shall affect or modify any of the terms
or conditions contained in this Contract, nor shall any such verbal agreement ar
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conversation entitle Consultant to any additional payment whatsoever under the
terms of this Contract.
C. No covenant or condition to be performed by Consultant under this Contract can be
waived except by the written consent of City, Forbearance or indulgence by City in
any regard whatsaever shall not constitute a waiver of the covenant or condition in
question,Until performance by Consultant of said covenant or condition is complete,
City shall be entitled to invoke any remedy available to City under this Contract or
by law or in equity despite said forbearance or indulgence.
D. If any portion of this Contract or the application thereofto any person or circumstance
shall be invalid or unenforceable to any extent, the remainder of this Contract shall
not be affected thereby and shall be enforced to the greatest extent permitted by law.
E. The headings in this Contract are inserted for convenience only and shall not
constitute a part hereof, A waiver of any party of any provision or a breach of this
Contract must be provided in writing, and shall not be construed as a waiver of any
other provisian or any succeeding breach of the same or any other provisions herein,
F. Each Party hereto declares and represents that in entering into this Contract, it has
relied and is relying solely upon its own judgment, belief and knowledge of the
nature, extent, effect and consequence relating thereto, Each Party further declares
and represents that this Contract is made without reliance upon any statement ar
representation nat contained herein of any other Party or any representative, agent or
attorney af the other Party, The Parties agree that they are aware that they have the
right to be advised by counsel with respect to the negotiations,terms, and conditions
of this Cantract and that the decision of whether or not to seek the advice of counsel
with respect to this Contract is a decision which is the sale responsibility of each of
the Parties, Accordingly, no party shall be deemed to have been the drafter hereof,
and the principle of law set forth in Civil Code § 1654 that contracts are construed
against the drafter shall not apply.
G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury
in any action, proceeding, claim or counterclaim, whether in contract or tort,at law
ar in equity,arising out of or in any way related to this Agreement or the transactions
contemplated hereby, Each Party further waives any right to consolidate any action
which a jury trial has been waived with any other action in which a jury trial cannat
be or has not been waived.
H. In the event of a conflict between the term and conditions of the body of this Contract
and those of any exhibit or attachment hereto, the terms and conditions set forth in
the body of this Contract proper sha11 prevail, In the event of a conflict between the
terms and conditions of any two or more exhibits or attachments hereto, those
prepared by City shall prevail over those prepared by Consultant.
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SECTIt)N S. SURVIVAL
The pravisions set forth zn Seetions 3 thraugh 7, inclusive, af this Gontract shall survive
termination of the Contract.
SECTIUN 9. CCIMPLIANCE WITH LAWS -NC}NDTSCRIMINATI+QN
A. Consultant shall camply with all applicable laws, ardinances and eades of federal,
state and lacal governrnents.
B, In the performance of this Contract, Cansultant shall not discriminate against any
employee ar applicant for employment because af race, color, ancestxy, national
origin,religious creed, sex,sexual orientatian,disability,age,marital status,political
affiliation, or membership ar nanmembership in any organ�zation, Consultant shali
tal�e a�firmative actic�n to ensure applicants are emplc�yed and that employees are
treated during th�ir employment wit�iout r�gard to their race,color,ancestry,national
origin,religic�us creec�,sex,sexual orientafian,disability,age,marital status,po�itical
affiliation,or membership or nonrnembershfp in any crrganization, Such actions shall
include, but not be limited to, the follawing: employment, upgrading, demotion or
transfer, recrurtment or recruifiment advertxsing,layoff ar termination,rates of pay or
ather farms of compensation and selection for training.
SECTIQN 10. �' SENTATIVES
A, City's representative for this Contract is Nick Visconti, email
nvisc+�n�it�cit�ofredrii�g�, telephone number (530) 225-4582, cell number(530)
604-5082, All of Consultant's qu�stians pertaining to this Contract sha11 be referred
to the above-named person, c�r t�the representative's designee:
B. Consultant's representative far this Contract is Sami Kader,telephone number(530} .
243-2113 x 3Q1, email s ikt� en�ineers.ca�m, All of City's questions pertaining
ta this Cantract shall be referred to the above-narned person,
C. The representatives set forth herein shall have autharity to give all notices requared
herezn,
SECTION 11. NQTIC'E�
A, All notices,requests, demands and other comrnuziications hereunder shall be deemed
given only if in�vvriting signed by an authorized representative of the�ender(may be
other than the representativ�s referred to in Section 10} and delivered by facsimile,
with a hard copy malled first cla�s,postage prepaid; or when sent by a courier or an
express service gu�rante�ing overnight delivery to the receiving party, addressed to
the respective parti�s as folZows:
Cansulting and Professional Serv�ces Agreement Page 10
n._. ,-�,r
To City: To Consultant:
Nick Visconti, Construction Manager Water Works Engineers
Engineering Division Attn: Sami Kader
777 Cypress Avenue 760 Cypress Ave., Suite 201
Redding, CA 96Q49-6071 Redding, CA 96001
B. Either party may change its address for the purposes of this paragraph by giving
written notice of such change to the other party in the manner provided in this Section.
C. Notice shall be deemed effective upon: 1)personal service;2)two calendar days after
mailing or transmission by facsimile, whichever is earlier.
SECTI4N 12. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are
authorized to execute this Contract on behalf of the respective parties to this Contract;
that they have full right, power and lawful authority to undertake all obligations as
provided in this Contract; and that the execution, performance and delivery of this
Contract by said signatories has been fizlly authorized by all requisite actions on the
part of the respective parties to this Contract.
B. When the Mayor is signatary to this Contract, the City Manager and/or the
Department Director having direct responsibility for managing the services provided
herein shall have authority to execute any amendment to this Contract which daes
not increase the amount of compensation allowable to Consultant or otherwise
substantially change the scope of the services provided herein.
SECTION 13. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.
Consulting and Professional Services Agreement Page 11
n__. C H c
I��I'I'I�t��� ��E �', City and C;�nsLlltant ha��e e�ecuted tlzis Cantr�ct oai the da��s and ye�i-
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Consultin�ancl I�rof'essional Services A�rl�eemet�t f'a�e 12
ftev� (!l i
EXNIBlT A
CITY OF REDDING(CUENT}
CONSULTING AND PROFESSIONAL SERVICE5 CONTRACT
Water Works Engineers,LlC(ENGINEERj
Scope af Services for
Construction Management Services for the
Welt 12 Water Treatment Plant Praject
PR0IECT DESCRtPTIQN
The project specifics are as foilows:
Locatian Redding,CA
Facility Name Well 12
Facility Type Groundwater Treatment
Existing • We1112 is an existing 2330-gpm well
Facility or Site . Treatment Plan design has been completed and is out to bid.Construction planned to start
Description in September 2023
General • Provide Construction Management Services to oversee successful completion of the
Praject project
Objectives
ASSUMPTIONS
The following assumptions have been made in the development af this scape and fee. Additional Task Orders
would be �equired in order to perform any of the work which is not listed in this scope or has been speci�cally
identified as aut af scope in the assumptions belaw:
1} Environmental Permitting assumptions: No CEQA Permitting work is included in this scope. The praject is
eategorically exempt and the CEQA permitting pracess has been conducted by the CLIENT.
2j Special Use and Building Permitting assumptians: Building permit coordinatian is the responsi6ility af the
constructian contractor, however as the CM we will facilitateJcoordinate the pracess and provide deferred
submittal informatian as required to comply with building department requirements.
3) Geatechnical Engineering assumptions: Geotechnical testing is the responsibility of the constructian
contractor, however as the CM we will observe geotechnical testing, review reparts and recammend re-
testing or independent testing in instances where we have concern.
4j Surveying and potholing assumptians: SurveyingJconstructian staking is the responsibility of the
construction Contractor, however as the CM we will observe the surveying work,coordinate with the survey
work performed during design, resolve any issues and confirm as-built locations of facilities, piping,etc. are
accurately surveyed by the construction contractor for use in as-built drawing production.
5) SCADA and PlC Pragramming will be provided by Contractor. No scope for SCADA or PLC Programming and
Integration has been included in this cantract. As the CM, however, we will coordinate with the SCADA and
PlC programrners and ensure that design intent is rnet with the control systems installed.
Exhibit A—Scope of Services City of Redding,CA
Water Works Engineers Construction Management for the Well 12 Water Treatment Plant
Scope
� 7/21/23
SCOPE
Specific Project Components:
Task 1—Construction Management
1. Contractor Management
a. Schedule review,development and tracking
b. Pay application review
2. Budget review and tracking
3. Change Management
a. Change order request review
b. Recommendation of change order appraach to City Project Manager
c. C?btain appraval of any change order from City prior ta authorizing Contractor to perform work
4. Project Meetings and Communication
a. Conduct Preconstruction Conference
b. Conduct Weekly Construction Canferences
c. Coordinate communications between Contractar,City PM,Ope�ations Staff, Project Team
d. Coordination with REU, Building Department,AQMO,etc.
5. Ptans and Specifications Interpretations and Clarifications
a. Review RFIs and respond in the field or coordinate response with engineering team.
Immediately. Maintain RFI �og. Review RFI Lag at each Weekly Canstruction Conference and
assess RFI status impact on construction schedule with Contractor.
b. Provide review of Contractor Submittals in the�eld or coardinate response with engineering
team. Immediately. Maintain Submitta! log. Review Submittal Log at each Weekly Construction
Conference and assess Submittal status impact on construction schedule with Contractor.
c. Pravide an-site interpretation of contract documents.Work with contractor to mitigate any
issues which may arise in execution of the plans. Ensure that design intent is met with
constructed product.
a. Review of Contractor survey layouts,construction staking,facility layout and details of
Contractor's survey to ensure coordination with existing pewatering Facility is in compliance
with contract documents.
6. Schedule Review
a. Review Contractor Schedu(e Submittal and work with Contractor to develop final working
project schedule
b. Wark with Contractor for continuous update of Project Schedule
7. Monthly Progress Reporting
a. Work summary(previous month/upcoming month)
b. Schedule status update
c. Budget status update (monthly data and bar chart update}
d. Project issues
8. Records Management
a. Tracking and documenting RFIs, Change Orders,Submittals,and all other project documentation
b. Documentation af all labar compliance requirements including prevailing wage Certified Payroll
submission,spot-checking af prevailing wage payment(labor interviews},tracking MBE/WBE
usage as compared with bid, and other requirements of SRF Funding for labor compliance
monitoring.
Exhibit A—Scope of Services City of Redding,CA
Water Works Engineers Construction Management for the Well 12 Water Treatment Plant
Scape
7/21j23
-2-
Task 2-Daily inspection
Daily inspection wili be provided when the construction cantractar is actively working at the project site. While
this may be the majority of the 180 day construction schedule, it is likely that a significant amount ofthe time,
there will not be a need for continuous 8-hour/day inspection. Because we are staffing this praject with local
Redding resources, we can use the right peaple for the right durations on the right days to provide the City with
Quality Assurance observation of the construction contractars' work, provide the cantractor with support and
coordination effart, and document and report progress ta all project stakeholders in a very efficient and
effective manner which will not always require full days of inspection. Because of this, our level of effart
includes 1080 hours of inspection time (an average of 6 hours/day which may range fram 1 haur of project
documentation only ta 12 hours af intense construction obsei-vation, problem solving and coordination,
depending on the contractor's activities that dayj. This is the most efficient approach to daily inspection —
allowing far having extended day inspection when needed while not providing excess inspection on days when
there is little to no activity happening on site.�ur daily inspection scope will include the following:
2. Observation of daily construction activities to ensure canformance with ptans and specifications.
a. Preparation of daily inspection diary
b. Tracking of working days and campletion and tracking of weekly working day staternent
c. Digital photos of pre-construction canditions,construction activities and post-canstruction
conditions
d. Construction Activity Observations and Inspections(structural,electrical, mechanical,
underground piping,civil,etc.)
e. Quality Assurance Testing Observations and coordination with independent testing agencies
where apprnpriate(pressure testing,concrete testing,subgrade testingj
3. Tracking of project issues
a. Tracking contractor work on Change Orders and potential Change Orders
b. Identifying deficiencies and working with Contractor directly for resolution
4. Tracking of as-built changes with red-lining of contract drawings.
Task 3—Caordination of System Start-up and Commissioning
System start-up and commissioning will consist of the following tasks:
1. Programming planning meetings. ENGINEER will conduct two pre-planning meetings with the
Contractor's programmer, the filter system supplier programrner and City staff to review the control
logic, hardware and software requirements, and overall coordination. The first meeting will take place
priar to submittals. The secand will take place after the pragramming submittal has been prepared and
reviewed.
2. Start-up and testing planning meetings. ENGINEER will meet with contractor and filter system supplier
to review deaning, testing, disinfection and start-up plans far all equipment as well as start-up and
commissianing planning including media delivery, installation, cleaning, system start-up and testing,
including water quality testing.
3. Observation of system start-up and commissioning. At the time the system is tested, started up,
commissioned and brought into service, ENGINEER will be on-site ta observe operation, verify
functionality and quality of the system and coordinate with CITY staff on well operation.
Task 4—Project Close-out
We will provide the following Praject Close-out activities:
1. Claims Management—We will indude the required allowance to cover analysis,coordination and
support of the City in the event a claim is made on the project.
Exhibit A—Scope of Services City of Redding,CA
Water Works Engineers Construction Management for the Well 12 Water Treatment Plant
Scope
_ 7/21/23
2. As-Built Plans—The red-line plans which have been maintained during construction underTask 2 will be
reviewed and confirmed prior ta being drafted under the Services During Canstruction portion of
the design contract.
3. Contract Records—a complete set af cantract records will be cataloged and transmitted to the City via
flash drive for incorporation into City records.
SCHEDULE
The work described in Exhibit A will be completed in coordination with the Contractor's project schedule.
The Consultant will exercise diligence in the performance of its services consistent with this schedule subject to
the exercise of the generally accepted standard of care for perfarmance of such services. Modifications to the
schedule may be made to accommodate changing project demands so long as they are agreed to by both
parties. Consultant will modify the schedule to account for schedule delays due to influences outside the
Cansultant's control and report the modified schedule to the CLIENT immediately.
Exhibit A—Scope of Services City of Redding,CA
Water Works Engineers Construction Management for the Well 12 Water Treatment Plant
Scape
7/21J23
-4-
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2023 Rate Sheet
. . � _ � me ^
,4A1 Administratiue 81.00
AA2 Senior Administrafive 114:00
EO Jr Engineer J Jr Freld Engineer s�q,pp
E1 Staff Engineer 143.40
E1A Staff Enganeer fl 160,00
E2 Asscrciate Engineer 175.00
E2A Associate Engineer II 185.00
E3 Project Engineer �g�;��
E3A Project Engineer II ���„�p
E4 Seniar Projeet Engirreer ��g.�Q
E4A Senior Praject-Engineer ll 2q�,pQ
E5 Principal Engineer 2�q.pp
E5A Rrincipai Enginear II 284.00
11 Field Inspectar 153.00
12 Senior inspector 172.00
I3 Supervising(nspector 191.00
T1 DrafterJJr.Technician 97.00
T2 DesignerJSr.Technician �3Q pp
T3 Seniar Designer ��g.Op
Nocesc
1; A markup of 1096 will be applied to all project related Subconsultants,Direct Costs and Expenses.
2. An additional premium of 2S%will be added to#he above rates for Expert Witness and Testimony Se�vices.
3. Rate effective through December 31,2023.A 3%increase will be added for any services perFnrmed in each year thereaft�r.
ater arks Engineers, LLC