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Home My WebLink About _ 4.11(a)--Approve the Third Amendment to Contract (C-7412) GI �" Y C� F � � �- ' � ° � � i � CITY OF REDDING �� REPORT TO THE CITY COUNCIL MEETING DATE: August 4, 2025 FROM: Michael Webb, Public Works ITEM NO. 4.ll(a) Director ***APPROVED BY*** „, �. .A,��,� ie ael � iiEali� oaks L)arector 7/?$1242� i�}�in,Ci an � 7130/242� mwebb@cityofredding.org btippin@cityofredding.org SUBJECT: 4.11(a)--Approve the Third Amendment to Consulting and Professional Services Contract (C-7412) for the Sacramento Drive Bridge at Olney Creek Re lacement Pro'ect Recommendation Authorize and approve the following actions relative to Consulting and Professional Services Contract (C-7412) with Morrison Structures, Inc. for the Sacramento Drive Bridge at Olney Creek Replacement Project: (1) Approve the Third Amendment to the Consulting and Professional Services Contract in the amount of$291,054.02 for a total not-to-exceed fee of$574,095.93; (2) Authorize the City Manager, or designee, to execute the Third Amendment; and (3) Authorize the City Manager, or designee, to approve additional contract amendments not- to-exceed$50,000. Fiscal Impact The total project cost of the Sacramento Drive Road Bridge at Olney Creek Replacement Project (Project) is estimated at approximately $10.5 million dollars. The project is funded with 88.53 percent coming from the Federal Highway Bridge Program and the remainder being matched by Toll Credits. All items of work that are within the project scope and considered participating by the Bridge Program, will be fully funded. Any work that is determined to be non-participating will be funded by the City of Redding's (City) Transportation Impact Fee fund or the appropriate Utility Division's Maintenance fund. The total project cost includes a consultant contract with Morrison Structures Ine., (Morrison) to provide bridge design services through construction. This amendment will increase 1Vlorrison's consultant contract by $291,054.02 for a total not to exceed amount of$574,095.93. Report to Redding City Council July 30, 2025 Re: 4.11(a)--Approve the Third Amendment to Contract(C-7412) Page 2 See table below for a summary of amended costs to Morrison's consultant contract (table only includes amendments that adjusted the contract amount). Original 3rd Amendment Contract Revised Amount Ad�ustment Total $283,04191 $291,054.02 $574,095.93 Alternative Action The City Council (Council) may choose not to authorize the amendment and provide staff with an alternate direction. Without the proposed amendment, Morrison will not be able to complete the bridge design or provide services during the construction phase of the project. This alternative would delay or likely eliminate the replacement of this bridge and jeopardize federal funding. Background Analysis In October 2017, an engineering services contract was executed with Morrison for the project. In March 2020, and again in December 2022, administrative amendments were executed to allow for salary increases and update the end date of the contract,respectively. Over the course of the preliminary engineering and environmental phase of the project there has been a substantial increase in the professional services required, mainly associated with the extended project duration and environmental design support related to additional and extensive revisions to environmental studies. As the consultant is approaching the end of the environmental phase they have estimated that the project will extend until 2027 for construction completion. Therefore, for Morrison to continue to provide the services originally outlined in the contract, as well as address the multiple revisions to the environmental st�udies being required by the California Department of Transportation (Caltrans), additional funds are necessary as requested in this amendment. The amendment has been approved as to form by the City Attorney. The Sacramento Drive bridge was constructed in 1954 and is currently designated as "structurally deficient" per Caltrans' Bridge Inspection Reports. This designation is largely due to the amount of traffic using the bridge and the lack of shoulders, pedestrian facilities, in addition to the lack of freeboard to prevent overtopping the bridge during the 50 year and greater storm events. The project will replace the existing 30-foot-wide, 2-lane bridge with a 48-foot- wide bridge that includes two 12-foot travel lanes, two 6-foot shoulders, and two 6-foot Type 26 sidewalk barriers. These improvements meet the requirements of both the American Association of State �Iighway and Transportation Of�cials and the City. Environmental Review This action, contract amendment, is not a project as defined by the California Environmental Quality Act(CEQA). As the environmental studies and design progress, staff will prepare CEQA documentation for future Council approval. Council Priority/City Manager Goals This is a routine operational item. Report to Redding City Council July 30, 2025 Re: 4.11(a)--Approve the Third Amendment to Contract(C-7412) Page 3 Attachments C-7412 3rd Amendment C-7412 Amendment 2 C-7412 Amendment 1 Contract C-7412 THI AMENDIVIENT TQ CONSULTIlVG ANI� PR:t7�FESSIONAL SERVICES CONTI2�CT WI'I`H FHWA FUNDIN+G/ASSISTANCE BE'I'V6�EEN THE'CITY C?F DDI1�1G AND MO SQN STRUCTiJRES, INC. (C-7412) This Third Amendment ("Third Amendment") �s rnade and entered into by and between the City of Redding, a municipal corporation, {"Gity") and Morrison Structures, Inc., ("Consultant") (callectively t�le"Parties" and individually a"party") ItECITALS �:EIE AS, the Parties have previously entered in Consulting and Prof�ssional Services Contract on C?ctc�ber l d,;2017, for the purpose of engineering services for the Sacramento Drive Bridge over �lney Cre�k Replacement Project (�-7412) (referred herein as the "Contract") and arnended th�s ct�ntract on March 17, 2020, (First Amendment), and December 8, �022, {Secand Amenclrnent) (collectively referred herein as the"Contract"); and �V�IEI2EA5,the City and Consultant agreed to extend the term of the Ct�ntract; NO'W,THER.EFOI�E,tl�e Parties for good and valuable consideration,the receipt and su�ficiency of which is hereby acknowledged,hereby agree as f�llaws: I. S�tbsection A of Sectian l c�f th� Contract is hereby amended and replaced in its entirety to read as f�llows: Snbsection 1(�}. Subject to the terms and canditions set fortlz in this Cantrac�t, Consuitant shall prr�vide to City the services described in Exhibit A and Exhibit A-1, attached and incarporated herein. Consultant shall provide the services at the time, place and in the m�nner speci�'ied in Exhibit A and Exhibit A-1. All Consultant personnel listed as members ofthe project team in the attached exhibits shall remain an project unless prior approval for the change in personnel has been granted by City's Gantract Administratar. All other subsections of Seetion 1 of the Cc�ntract shall remain unchanged and in full force and effect. II. Subsection �I of Section 2 of the Cantract is hereby amended and replaced in its entirety to read as follows: Subsection 2(H}. Consultant wi11 be reimbursed as promptly as fiscal proeedures wi�ll permit upc�n receipt by City's Contract Administrator of iternized invozces in triplicate. Invoices sha11 be submitted no later than 45 ca�endar days after the performance of work . for which Consultant is billing, Invoices shall detail the work performed on eacli milestone and�ach project as applicable, Invoices shall follow tlze forrrrat stipulated for the approved Cost Proposal and shall r�ference this cnntract nurnber and project title. Final invoice must contain the final cost and all credi#s due City including any equipment purchased under the pravisions of Section 4 "�quipment Purchase" of t11is c�ntract. The final in�voice sliould be submitted within 60 calendar days after completion of cc�nsultant's work, Invoices shall be emailed tt� City's accounts payable at t11e failowing address. acconntsbayable ,cityofreddin�.org III. Subsection I of Section 2 af the Contract is hereby amended and replaced in its entirety to read as fQllows: Subsection 2(I).In accordance with E�iibit$and Exhibit B-1,attached and incorporated herein, the total amc�unt p�yable by City including the fixed fee shall not ex�eed Fiv� Hundred Seventy=Four Thousand Ninety-Five I?oilar� and 93t100 ($574,095.93). All other subsections af Section�of the Contract sha11 remain unchanged and in full force and effect. IV. Subsection E of Section 3 af the Contract is hereby arnended and replaced in its entirety to read as follows: Subsection 3(E). The maxirnum amaunt for which the City shall be liable if thi�contract is terminated is $574,095.93. All other subsections af Sectic�n 3 of the Contract shall remain unchanged and in full force and effect. V. Subsec�ion F of Section 5 of the Contract is hereby amended and replaced �n its entirety tc� read as follows: Subsection 5(Fj. Consultant shall designate the City of Redding, 777 �ypress Avenue, Redding, CA�6001 as a Certi�cate Halder of the insurance. Cansultant s�Yall furnish City �with certificates of insurance and original endorsements effecting tl�e caverages required by this clause. Certificates and endarsements shall be submitted electrc�nically via the PINS Advantage systern. A link wiIl be pravided for the Consultant, or their insuranee agent, to enter and upload documents directly to PINS Ad�antage, Tl�e certificates and endorsements €crr each insurance policy are tc� be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved in PINS Advantage b�the City's Risk Manager pric�r to the commencement of contracted services. City may withht�ld payments to Consultant if adequate certificates af insurance and endarsements required have not been submitted as deseribed abave or provided in a timely manner. All ather subsections of Section 5 of the Contract sha11 remain unchanged and in full force and effect. VI. E�ibit A-1 and Exhibit B-1, attached to this Third Amendment are hereby incoipc�rated by this reference and made part c�f the contraet. VII. Except as expressly set fc�rth herein, all otl�er terms and conditians of tlle Cantract dated Octob�er 10, �017, shall remain in full force and effect. VIII. The effective date of this Third A:mendrnent shall be the date that it is signed by tlze City. I1�1 WITNESS WHERE(�F, City and Consultant have executed this Third Amendment on the days and year•set farth below. CITY (7F REUD►Il�G A Municipal Corparation I3ated; , 2025 By:: JAC'K M�INNS, �Icryor Forrr�Appraved: Atiest: CHRISTIAN M. CURTIS �ity Attorney By, CfRETCHEN STtJ�Ir�, Assistrznt City Attr��•r�ey Morrison Structures,Inc. � ��t�a: ar �� , �ozs � ``� By.� ROBERT L. MORRISON, JR, P��esident Exh�b�t A-1 �;I"�Y QF R�1)IDIN�G GCJ�N�U:LTING A P'F�:C�►FE5SIUI��A.� �ERVI�ES C�'lNT'� C'�' (�''-7412} �ontract Arnendment No. 3 Scope c�f Services fo� Prafessic�nal En�ineerin�for_Sacraamento I)rive Brid�� v�r r0�:nev Creek�enla€eme��t Project Sct�pe af �rk See Cc�ntract�-�412, Exhi�it A for Scope of Services detailed for each Task. Envi�c�r�nen�al Dc�cumentati�:� fc�r the proj�ct is �ot complete. The p�oject has �een on hc�ld�`cr fve years and City desires�:o ex�end the following T�sks tc�December 31, 2026. T��k �.: P'ro,��t an�g�inent, Review, �c��edulin� M�.�ison Struet�res �rill contiriue to prc�vide prc�ject ma�agement services in urder ta prc�vid+� ct�mp��te the �I�s��ri ag�d enviro�.nn�ntal doc�um�z�tatic�n and perrr�i�ting support thr�ugh l�ecemb�r�026. Task 2. Support fv�° Environmental Dvcumentatlo� & PermYtting Caltrans Loeal Ass�stan�e Morz�iscan Structures wi�l �ontinue tc� provide prof�ssional services in Qr�er to provid� envirc�runental dc�cumentat�o� and permitting suppc�rt to the City's effr�rts respanding to Ca�tra.ns Loca� Assl�tanc� and in obtaining environmental docum�ntation, and construction�ermits,thro�gh Tiecember 202�. Ta�� 3: �'relixninary Des��n M�rrison 5t�-iYct�ar�s will revise the pr�liminary design of tk�e bridge structure ancl ��epar� n�ew TYpe S�lectit�n Stud� and Type Selection Study report far the projeet: Ta�k 4. D�ta Cr�Iiectian & I'ieid Survey Morrison Structur�s with subconsultant C�HD will provide the data collecti�n and field surveys as necessary to revise and update Frelirninary Design changes, and prepare fnal bridge replacement desi�n, and proviele support for the en�ironmental dc�cun��ntation thr�ug�h De�ember�026> Task 5: Fin�l +Geof�ch�i��l Investiga�tr+�n Mc�rrison Structures with �ubconsultant CGI Techtiical will revise and update the J�ne 11, 20�5 Gr�t�technic:al Investigatian Report for finat design of the bridge structur�for the�rraject. Task +a: �+�inal ` ydraulic ��uc�y � �po�t �orrison Structures with subcor�sul�ant �'acific Hydrul+�gic will ct�ntinue to provide i�ydraulic study az�al;�sis suppt�rt tr� the City a�d update and finalize the HyQraulic 4t�dy ReporC. T�s�7: �[TtiXi�y �ac�rdin�tiarn Morrison Structures witl�, subconsultant GHD will cQntinue to provide the utility coordinatic�n for th�project thro�gh L?ecember 202�. '�ask 8: Rzght`of aY I��c�rrison Structure�with�ub�t�nsult�.rats Bender Ros�nthal and GHD w��1�ro�id�R�ght _ of-"r�ay�professi�nal ser�vice�tluough I7ecem�rer 2�26, T"ask �!: �'repara�it�n of�t�nt�a�t c��um�nts Mcrrrisc�n 5tructures with subcc�nsultant GHD will continue preparatian af contract dc�cuments thrau�h December 202�, T�sk 10: Ass�stance I�►uring Bidding � �c�nstruction Morrison 5tructures with subconsultant GI-ilJ will prc�vzde assistance to the City during th�bidding ar�d construction p�rases af the project throu�h I)ecember 2a26: June 1 l, 2425 E�hibit �-1 �ITY OF D►DING C'ONSUL'TING D PR+C�FE�SIC�NAL SE�tVICIES C�DI�T CT (C-7412) �ontr�cfi A,mendm�nt Ncr.3 Prop�sed F�e and BilIin�I�t,ates for Pa°�nfessiona�En�ineerin�Se�vices far Sacr�►mento Drive 8rid�e over t)lnev�reek lteulacement Frojeet Fee T�ble Tas�C Descr��ti�n ' t�rigina] Contract Ner�v Contract A.m�un�t �mount 1 Proj��t Management $32,{�tt5.11 $ �G5,U�5.11 2 Support fc�r�ntrirc�ritrier�tal � 24,�i20.10 � 42,76i�.10 T�o�umentation&Permittin 3 �'reliznit�ary I7esign � 0.04 �' 25,OOU.00 4 Daxa Collecticsn and Field Survey $ 999.49 $ 2,199',4� 5 Fi�al Geotechnical Investigation � 5,'799.49 � 9,774.�9 6 Final Hydraulic atudy Re�ort $ 5,347.68 � 11,09'7,6$ 7 Utility Coordinati�n : � 6,398.�1 � 14,�16.51. $ Right-of-Way $ 46,004.21 � b7,946.53 9 Pre�a�atic�n c�f Cc�ntract $130,948.�2 $286,9�1.52 I)trcuments 10 Assistance During Bidding 8c � 30,918.50 � 49,154.5U Cc�nstruction Total N�t to E�ceed �283,U41.91 �574,095.93 Ncates: 1. Shifting of fees and expenditures between fiask� as approved will be pezmiited witl�in the tc�tal not tcs�xceed arnount. 2. See Ma:y 19, 2C}�5 Amendznent� Cost Prc�p�sal�'or currez�t bii�ing xates, and anticipated labc�r increases per year. June 11, 2025 TRANSMITTA FO 4 '� ,�4�� t�� ; �� '� �I� � ��1��' �� IF� * �T° � F'�F2 �°T/E'i�/ �. n. � ��. , � r . �� TQ CITYATTORNEY 225-4050�&CI`I'Y CLERK( 25-4439� Agreements�Bonds Q Contracts Q Leases p Escrow Instructions 0 Deeds l}Securfties p Resolutions¢ Ordinances p Upinians Date: 12�05/22 From: Stephanie McCollum Dept Name: Engineering Dept. # �� Phone: 225-451� � ��. �� Person most knowledgeable: �orri Vandiver Phone: �� iNSURANCE REQUIREMENTS MET? Prior to si natures, must submit Insurance Transm �l � �� g � �or`rri'�o��sk, have certificate uploaded by vendor and approved by Risk. 1f not, your contracts will be held in the Clerk's Office. For heip contacf Risk Liabi(ity- c��hl�cit �fr��'dira .ar (530) 225-4385. DESCRIBE ATTACHED DOCUMENT�SI Document Title: Second Amendment to C-7412 Outside Party(ies): �orrison Structures Inc. Project(What/Where/Why?): -�ramento Dr. Bridge at Olney Creek Replacement Project COUNCIL APPROVAL REQUIRED? No�Yes� IF YES,DATE OF MEETING: Agenda Item#: Was contractJagreement the result of an RFP or Bid?No �/Yes� Bid Schedule#or RFP#: IS� `I° C1' �I.�°T� °T T° E�A �I �? ��I'�� REQUEST FOR ATTORNEY SERVICES ❑ �fitorne�R�,�g�w Draft-Ali doeuments must be reviewed� approvec�before obtaining ar►y signat�zres. VVhen amending cantracts,attach a eopy of or�ginal contract and all prior amendrn�nts. I�o z�ot e�znail cioct�rrients vvithout prior approval. ❑ Return drafts to: (to finalize&obtain outside signatures) � �t�e:e�°�� als � r°�a�it� ��'€z F°c��y � t��: {1� �r°��t�z�s be�r� �r��~i�t�sly re4�x�w�d � �� ay�t�c�r°��rr �� L�e�a�, �a� c��tai�a�d a�ts�c��sa��a�tzr°�s. P�e�s�s€�b��t t�lc� (2� c��i�a�s. i�se ��ptar��lip.� --rac�st�pl�s-� �nd afi��"Sa�� r�"��bs c�r��3� �i��aa��T€�p��5. (Attc�rney approval now mandatc�ry-RMC§4.20.12(?.A) *Note: Signed originals will be forwarded to City Clerk for necessary City signatures, insurance& other requirement verification,and processing. _ � ❑ Mailing/distribution Instructions: � ��, ❑ Prepare Certificate of Acceptance (easement&grant deeds) ❑ Memo or additional info is attached. � _. � Other: " Save forAttorney's Notes � . �� e+^"'� ..�,.,,�.� �. City Attorney Log# �'��..�- � � � � � ' _ Logged Out By: ��C.�� ae�.e�ie C I T Y O F GITY OF REDDING 777 Cypress Avenue, Redding, CA 96001 � PO BOX 496071, Redding, CA 96049-6071 _ Y�/J C A L I F O =R N=�I;i``� cityofredding.org PAMELA MIZE,CITY CLERK SHARLENE TIPTON,ASSISTANT CfTY CLERK 530.225.4447 530.225.4463 FAX December 13, 2022 Morrison Structures, Inc Attn: Robert Mozrison 1890 Park Marina Dr., Suite 104 Redding, Ca 96001 SUBJECT: Second Amendment to Consulting & Professional Services Contract, C-7412 Dear Sir, Enclosed please find the fully executed original of the above referenced Second Amendment to Consulting & Professional Services Contract, C-7412 by and between the City of Redding and Morrison Structures, Inc. regarding the Sacramento Drive Bridge at Olney Creek Replacement Project. If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4056. Sincerely, �� hrlstina Sims Business License Specialist Enclosure cc: McCollum Vandiver Grannis SECOND AMENDMENT TO CONSULTING AND PROFESSIQNAL SERVICES CQNTRACT (C-7412) With FHWA FundinglAssistance Sacramento Llrive Bridge at Olney Creek Replacement I'roject The Consulting and Professional Services Contract C-7412 ("Contract")dated October 10, 2017, and amended March 17, 2020, between the City of Redding, California, ("City") a municipal corporation, and Morrison Structures, Inc., ("Consultant") is hereby amended as follows: SECTION 3.A is amended to read in its entirety as follows: A. This contract shall go into effect on September 28,2017,contingent upon approval by City, and Consultant shall corrimence work after notification to proceed by City's Contract Administrator. The contract shall end on December 31, 2026, unless extended by contract amendment. All otherterms and conditions ofthe Contract dated October 10,2017,and amended March 17,2020 shall remain in fu11 force and effect. The date of this Amendment shall be the date that it is signed by the City. IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below: CITY OF REDDING �-11VIunicipal Corporation � �_.��-n-� Dated: , 2p22 By: BARRY PPI , Manager Form Approvecl: BARRYE. DeWA�?' Attest: �`ity Atto�ney �� F �.,, ��d rry�:�,.��.;"� ' PAMELA MIZE, City Cle By: MORRISON STRUCTURES,INC. Dated: ��>��°�;� `�. , 2022 `°�``��.�. ��``��,�.��. � . �� By: `��r� �.. ��.s � ��. ��=.��.��, Taxpayer I.D.No.a ��,-�;��c�� Y��p r. e '` ` TRANSMITTALFORM � a $ ° ' ��' ��, ♦ �A,�RD G'G1PIE�RE�(IIFtED*DQ M()T�E-MAlL Ff3k2 R,EVIF.W : �� TO CITY�T'fQRNEY f225-4050)&CITY CI.ERK f225-4439� Agreements b Bonds¢ Contracts Q Leases p Escrow Insirucrions Q Deeds d Securities O Resolutions p Qrdinances 0 Upinions Date: 3/11/2020 From: Stephanie McCollum Public Works - En ineerin 501 225-4511 � Dept. Name: 9 9 Dept. # Phone: Person most knowledgeable: Corri Vandiver Phone: 245-7120 INSURANCE REQU/REMENTS MET?Prior to signatures, must submit Insurance Transmiital Form to Risk, have certificate upioaded by vendor and approved by Risk. If not, your contracts wiil be heid in the Clerk's Otfice. For he/p contact Risk Liability-pdahl c(Dcityofreddinp.orp(530) 22�4385 or ccarmona _cityofredinp.or,q(530) 225-4387. DESCRIBE ATTACHED DOCUMENTfSI Document Title: First Amendment to C-7412 Outside Party(ies): Morrison Structures Project(What/Where/Why?): -�ramento Drive Bridge at Olney Creek Replacement Project COUNCIL APPROVAL REQUIRED? No�Yes� IF YES,DATE OF MEETWG: Agenda Item#: Was contract/agreement the result of an RFP or Bid?No �/ es� Bid Schedule#or RFP#: IS CONT �1'I�EL�l'TED 'T�T'I-�E CE1�81i FIRE? �o �/ Yes Y ❑ REQUEST FOR ATTORNEY SERVICES � Attorne,y Revi�ws Daraft-All documents must be reviewed&approved efore obtaining any signatures. When amending contracts,attach a copy of original contract and all prior amendments. Do not e-mail documents without prior approval. ��"� � �� . � Return di'afts to: (to finalize&obtain oufiside.si�natures) ��°°`� � � ��a�r�e�Si ns �ri�ira�l�.�pp��vin��s'T�a��a�rn � �er; (1) c�raft has been �reviously��evie�v�il'8r, � approved by Attorney; (2) Dept. has obtained outside signatures. Please submit twn (2) orig�nals. I��"e paperclips -no staples -- and af�x"Sign Here"tabs on all sigrlature pages. (Attarney approval now mandatory-RMC§4.20.120.A) �` ;r _._ Note: Signed originals will be forwarded to City Clerk for necessary City signatures, insurance& other requirement verification,and processing. �,.�� , ❑ Mailing/distribution Instructions: �`' �� '� ��-�� ❑ t�v .�,. �a! . ._ .� Prepare Certi�icate of Acceptance (easement&grant deeds) '�'��°��`�� ❑ Memo or additional info is attached. � Other: Save for Attorney's Notes � ��n �� .°+�``�� 6 � � �� ,� � � � City Attorney�og# �� .b�� - �( #��„� '°~~�.�" �.,�� Logged Out By: l>`�j� Rev.B/79 �� FIRST AMENDMENT TO CONSULTING AND PROFESSIONAL SERVICES CONTRACT (C-7412) With FHWA Funding/Assistance Sacramento Drive Bridge at Olney Creek Replacement Pro,ject The Consulting and Professional Services Contract C-7412 ("Contract") dated October 10, 2017, between the City of Redding, Califoi•nia, ("City')a inunicipal corpoY•ation,and Morrison Structui-es ("Consultant") is hereby anlended as follows: Section 2. J is amei�ded to read in its entirety as follows: J. Salai•y increases of 3% will be reimbursable if approved by City's Coiltract Administrator. All other tei•ms and conditions of the Contract dated October 10,2017, shall remain in full force and effect. The date of this Amendment slZall be the date that it is signed by the City. IN WITNESS WHEREOF, Gity and Consultailt have e�ecuted this Amendment on the days and year set fortll below: CITY OF REDDING A 1Vlunicipal Corporation Dated: ,,�,,�°�� , 2020 N � By: BA TI . City Mancr�es. For•�r1 Approi�ed: BARRYE. Dei�%A�T .��re,�r: Ci�v A�rory�ey, � � � �� :�� -�-� � P��17EL� MIZE, City ler�k By� MORRISON STRUCTURES Dated: ��,��,�' /� , 2020 � ,,� By: � Taxpayer I.D. No.: G��-o��-�e,�� c' � � �. s X " 5±,� ' 4 � N�� e�P`� �� e�G�,.��'rn3�u"'�..`s �� r�".w�r+*d'" � � � �m �� 777 CYPRESS AVEivUE, REDDING, CA 9pOC}i ��.,�� PO. Dox 49607t, REooiN�, CA 960�9-6071 �' �� PAMELA MIZE,CITY CLERK SHARLENE TIPTON,aSSiSrANT CiTv C�ERK 530.225.4447 530.225.4463 FAX March 19, 2020 Robert Monison Morrison Structures, Inc. 1890 Park Marina Drive, #104 Redding, CA 96001 SUBJECT: First Amendment to Consulting and Professional Services Contract, C-7412 Dear Mr. Morrison, Enclosed please find the fully executed original of the above referenced Third Amendment to Consulting and Professional Services Contract by and between the City of Redding and Morrison Structures, Inc regarding the Sacramento Drive Bridge at Olney Creek Replacement Project. If you have any questions regarding this matter, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4044. Sincerely, °� ...� �� ,, - Joan Twomey Executive Assistant Enclosure cc: Vandiver McCollum Grannis CONSULTING AND PROFESSIONAL SERVICES CONTRACT WITH FHWA FUNDING/ASSISTANCE THIS CONTRACT is made at Redding, Califomia,by and between the City of Redding{"City"), a m�nicipal corporation,and Morrison Structures,Inc.{"Consultant")for the purpose of Engineering Services for the Sacramento Drive Bridge at Olney Creek Repiacement Project. WHEREAS, a source of funding for payrrient for professional services pravided under this Agreement is federal funds from the United States Department of Transportation. WHEREAS, Consultant desires to perform and assume responsibility far the pravision of certain professional services required by City on�he terms and conditions set forth in this Contract. N�W, THEREFORE, the Parties covenant anc� agree, for good consideration hereby acknowledged, as follows: SECTION 1. CONSULTANT SERVICES A. Subject ta the terms and conditions set forth in this Contract,Consultant shall provide to City the services described in Exhibit A, attached az�d incorporated herein. Consultant shall provide the services at the time,place and in the manner specified in Exhibit A. Al1 Consultant personnel listed as members of the project Eeam in the attached exhibits shall remain on project uriless prior approval for the change in personnel has been granted by City's Contract Administrator. B. Consultant shall subrr�it progress reports at leas�once a month. Eacn progress report should be sufficiently detailed for the Contract Administratar,as noted in Sectian 1 O.A, to: 1) determine if Consultant is performing to expectations and is on schedule; 2) provide communication of interim findings,and 3)sufficiently address any difficulties or special problems encountered. C. Cons�tant's Project Manager, as noted in Section 10.5., shall meet with City's Contract Administrator as needed to discuss progress an the scope of work. D. Nothing contained in this Contract or otherwise shall create any contractual relation between Ciry and any subconsultant,and no subcontract shall relieve Consultant of its responsibilities and nbligations hereunder.Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant.Consultant's obligatian to pay its subconsultants � is an independent obligation from the City's obligation to �nake payments to � Consultant. 1 f _+. E. Cansultant shall perform the work contemplated with resources available within its � own organization and no portion of the work pertinent to this cantract shall be � C PSG1FEiN'A-Sacrameato br.Bridge at piney Cr Repl Aage 1 r f ��.-�p� �'e I�/( � subcontracted without written authorization by City's Contract Administrator,except that, which is expressly identified in the approved Cost Propasal. F. Consultant shall pay its subconsultants within ten (I�) calendar days from receipt of each payment made#o Consultant by City. G. Any subcontract in excess of$25,000 entered inta as a result of this coniract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. H. Any substitution of subconsultat�ts must be approved in writing by City's Cantract Administrator}�rior to the start of work by the subcansultant. I. Consultant and any subconsultant shall permit City, the State of California, and the Federal Highway Administration("FHWA"),if federal participating funds are used in this Contract, to review and inspect the project activities and �"iles at ail reasonable times during the performance period af this Contract including review and inspection on a daily basis. SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS A. The method of payment for this contract will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs {including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of ihe work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates,employee benefits,travel,equipment rental, overhead, and other estimated costs set forth in the approved Consultant's Cost Proposal,unless additional reimbursement is provided for by contract amendment. In no event,will Consultant be reimbursed for overhead costs at a rate that exceeds City's appraved overhead rat�set forth in the Cost Proposal.In the event,that City determines that a change to the work from that specified in the Cost Proposaj and contract is rcquired, the contract time or actual costs reimbursable by City shall be adjusted by contract am�ndment to accommodate the changed work. The m�imum total cost as specified in Paragraph "I" shall not be exceeded, unless authorized by contract amendment. B. In addition to the allawable incurred casts City will pay the Cansultant a fixed fee of $18,537.87. The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment. C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. D. When milestone cost estimates are included in the approved Cost Proposal,Consultant shall obtain prior written approval for a rEvised milestane cast estimate from the Contract Administrator before exceeding such cost estimate. C PSC-!F'HWA-Sacramento Dr.Bridge at Olney Cr Repl Page 2 E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs.A pro rate portion of Consultant's fixed fee will be included in the monthly progress payments.If Consultant fails to submit the required deliverable items according to the schedule set for in the Statement af Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Section 3 "Term and Termination". F. Na payment will be made prior to approval of any work, nor for any work perfornied prior to approval afthis contract. G. No retainage vvill be held by City from progress payments due Consultant. Any retainage held by Consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within thirty (30) calendar days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29)requires that any delay or postponement of payment over the thirty(30) days may take place only for gaod cause and with City's priar written appro�al. Any violation ofthis provision shall subject the violating Cansultant or subconsultant ta the penalties,sanctions and other rernedies specified in Section 7108.5 ofthe Business and Professions Code. These requirements shail not 6e construed to limit or impair any contractual,administrative,or j udicial remedies,otherwise available to the Consultant or subconsultant in the event of a dispute involving late payrnent or nonpayment by Cansultant,deficient subconsultant performance,or noncompliance by a subconsultant. H. Consultant will be reirnbursed as promptly as fiscal procedures will permit upon receipt by City's Contract Administrator of itemized invoices in triplicat�. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work perfarmed on each milestone and each project as appiicable.Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased �u�der the provisions of Section 4 "Equipment Purchase" of this contract. The final invoice should be submitted within b0 calendar days after completion of consultant's work. Invoices shall be mailed to City's Contract Administratar at the foliowing address: City of Redding Corri Vandiver 777 Cypress Avenue Redding, CA 96001 I. The total arnount payable by City including the fixed fee shal!z►ot exceed$283,041.91 J. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by City's Contract Administrator. C PSC-/FHWA-Sacramemo�r.8ridge at Olney Cr Repl Aage 3 For personnel subject to prevailing wage rates, as described in the California Labor Code,all salary increases,which are the direct result of changes in the prevailing wage rates are reimbursable. K. Consultant agrees that the Contract Cost Principles and Procedures,48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. L. Consultant alsa agrees to comply with federal procedures in accordance with 49 CFR, Part 18,Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. M. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48 CFR, Federal Acquisitian Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant ta City. N. All subcontracts in excess af$25,000 shall contain the above provisions. SECTION 3. TERM AND TERMINATION A. This contract shall go into effect on Septernber 28,2017,contingent upon approval by City, and Consultant shall commence wark after notification to proceed by Ciry's Contract Adrninistratar.The contract shall end on December 31,2022,unless extended by contract amendment. B. Consultant is advised that any recommendation for contract award is not binding on City until the contract is fully executed and approved by City. C. City reserves the right to terminate this contract upon thirly(30)calendar days written notice to Consultant with the reasons for termination stated in the notice. D. City may terminate this contract with Consultant should Consultant fail to perfarm the covenants herein contained at the time and in the manner herein provided.In the event of such termination,City may proceed with the work in any manner deemed proper by City.If City terminates this contract with Cansultant,City shall pay Consultant the sum due ta consultant under this contract prior to termination,unless the cost of compietian to City exceeds the fiinds remainang in the contract.In which case the overage shall be deducted from any sum due cansultant under tl�is cantract and the balance,if any,shall be paid to Consultant upon demand. E. The m�imum amouzat for which the City shall he liable if this contract is terminated is $283,041.91 dollars. F. It is mutually understoad between the Parties tl�at this Con.tract may have been written before ascertaining the availability of funds or appropriatian of funds,or for the mutual C PSG/FHWA-Sacramenro Dr.Bndge at Olney Cr Repl Page 4 benefit of both Parties,or in order to avoid program and fiscal delays that would occur if the Contract were executed after that determinatian was made.This Contract is valid and enforceable orily if sufficient funds are made available to the City for the purpose of this Contract. In addition, this Contract is subject to any additional restrictions, limitations,conditions,or any statute,ordinance or regulation enacted by the Congress, State Legislatures,or City Council that may affect the provisions,terms,or funding of this Contract in any manner. Cansistent with Article 16, Section 18, of the California Constitution, it is mutually agreed that if sufficient funds are not appropriatec�, this Contract shall be amended to reflect any reductian in funds.City may likewise void the Contract under Section 3.C. G. In fhe event that City gives notice of termination, Consultant shall promptly provide to Ciry any and all finished and unfinished reports, data, studies,photographs, charts or other work product prepared by Consultant pursuant to this Contract. H. In the event that City terminates the Contract,City shall pay Consultant the reasonable value of services rendered by Cansultant pursuant to this Contract;provided,however, that City shall not in a�y manner be liable far lost profits which might have been made by Consultant had Consultant completed the services rec�uired by this Cantract. Consultant shall,not later than ten(10)calendar days after termination of this Contract by City, fuz-nish to City such financial information as in the judgment of the City's Contract Administrator is necessary to determine the reasonable value of the services rendered by Cansul�ant. I. In no event shall the termination or expiration of this Contract be construed as a waiver of 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. EQUIPMENT PURCHASE A. Prior authorization in writing by City's Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order,or subcantract exceeding$5,000 for supplies,equipmer�t,or Consultant services.Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item,service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000,prior authorization by City's Contract Administrator is required. Three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified and accepted by City's Contract Administrator. C. Pursuant to 49 CFR, Part 18 and for any equipment purchased as a result of this Contract,Consulta�nt shall maintain an inventory of all non-expendable property.Non- expendable property is defned as having a useful life af at least two years and an acyuisition cost af$5,000 or more.If the purchased equipment needs replacement and is sold or traded in,City shall receive a proper refund ar credit at the conclusion of the C PSGlFHWA-Sacramento�r.Bridge at Olney Cr Repl Page 5 Contract, or if the Contract is terminated, Cansultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with City's established purchasing procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be deterrnined at Consultant's expense, on the basis of a competent independent appraisal of such eq�.zipment. Appraisals shall be obtained from an appraiser mutually agreeable to City and Cansultant. The terms and conditions of such sale must be approved in advance by City. D. All subcontracts in excess $25,000 shall contain the above provisions. SECTYON 5. INSURANCE A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the following ndted insurance during the duration of the Contract: Covera�e Required Not Required Commercial General Liability X Comprehensive Vehicle Liability � Workers' Compensation and Emplayers' Liability x Professional Liability (Errors and Omissions) x (Place an"x" in the appropriate box) B. Coverage shall be at least as broad as: 1. Insurance Services Office farm number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,000,Q00 per occurrence and $2,400,000 general aggregate for bodily injury, personal injury and property damage; 2. Insurance Services 4�fice form number CA-0001 {Ed. 1/87}, Comprehensive Automobile Liability Insurance,which provides for total limits of not less than $1,�04,000 combined single limits per accident applicable to all owned, non- owned and hired vehicles; 3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount nat less than $1,d00,000 per occurrence. Both the Warkers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, o#ficers, empioyees, agents and valunteers; C PSC-/F}{WA-Sacramento Ih.8ridge at Olney Cr Repl Page 6 4. Professional Liability (Errors anc� Omissions} Insurance, appropriate to Consultar�t's profession,against loss due to error or omission or malpractice in an amount not less than $1,004,004. 5. The City does 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 or elimina#e such deductibles or self-insured retentions as respects the City,its elected officials,officers,employees, agents and vo�unteers;or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims adrninistration and defense expenses. D. The General Liability shall contain or be endorsed to contain the foilowing 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 Consultant; premises owned, leased or used by Consultant; ar automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers. 2. The insurance coverage of Consultant shali be prirnary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance ar self-insurance maintained by City, i�s elected officials, officers, employees,agents and volunteers,shall be in excess of Consultant's insurance and shall not contribute with it. 3. Caverage shall state that the insurance of Consultant shall apply separately ta each insurEd against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability_ 4. Each insurance policy requ�ired by this Contract shall be endorsed to sta.te that coverage shall not be canceled except after thiriy (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 c�rrent A.M.Best's rating of no less than A-VII. F. Consultant shall designafe the City of Redding as a Certificate Ho�der 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 C PSG/FHW A-5acramento Dr.Bndge at Olney Cr Rep] Page 7 furnished to: Risk Management Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for each insurance policy az�e to be signed by a person autharized by the insurer to binc�coverage on its behalf. A�l endorsements are ta be received and approved by the City's Risk Manager prior to the camrnencement of contracted services. City may withhold payrnents to Cansultant if adequate certificates of insurance and endorsements required have not been provided, or nat been provided in a timely manner. G. The requirements as to the types and limits of insiarance coverage to be maintained by Consultant as required by Section 5 ofthis Contract,and any approval of said insurance by City, are not intended to and will not in any mannear limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant ta this Contract,including, without limitation, provisions concerning inderr�nification. H. If any policy of insurance required by this Section is a"claims made"policy,pursuant to Code of Ci�il Procedure§342 and Gaverniment Code§945.6,Consultant shall keep said insurance in effect for a period of eighteen (1$) rnonths after the termination of this Contract. I. If any damage, including death, personal injury or property damage, occurs in connection with the performarice of this Cantract,Consultarrt shall imanediately notify City's Risk Manager by telephone at(530}225-40b8.No �ater than three(3}calendar days after the event, Consultant shall subrr�it a written report to City's Risk Manager containing the following information,as applicable: 1)name and address of injured or deceased person(s}; 2) name and address of witnesses; 3) name and address of Consultant's insurance company; and 4) a detailed description of the damage and whether any City property was invalved. SECTION 6. INDEMNIFICATION AND HOLD HARMLESS A. Consistent with California Civil Code§2782.8,when the services to be provided under this Cantract are design professional services to be performed by a design prafessional, as that term is defined under Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify pratect, defend and hold hazmless, City, its e�ected officials, officers, employees, and agents, and each and every one of them, from a�nd against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal caunsel retained by City,expert fees,litigation casts,and investigation costs)of every type and description to which any or all of them may be subjected by reason of, ar resulting from, directly or indirectly, the negligence, recklessness, ar willful misconduct of Consultant, its officers, ein�loyees 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 prafessional,which is addressed solely by subdivision (A} of this Section, and to the fullest extent C PSC-/FHWA-Sacramento�r.Bridge at Olney Cr Repl Page 8 permitted by law,Consultant shall 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 actions, damages, costs, liability, claims, losses, penalties and expenses(including,but not limited to,reasonable attorney's fees of the City Attorney or iegal 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 e�nder this Contract, except when liabiliry arises due to the sole negligence, active negligence ar miscanduct of the City. C. The Consultant's obligation to defend, indemnify and hold harmless shall nat be excused because ofthe 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 Consultant fails ta 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 �unds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Cansultant 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 Consultant herein. D. The obligation to indemnify,protect,defend,and hold harmless se�forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do nat act as a limitation upon the amount of indemnification to be provided by Contractar. E. City shall have the right to approve or disapprove the legal caunsel retained by Consultant pursuant to this Section to represent City's interests. City shall be reimbursed far all costs and attorney's fees incurred by City in enfarcing the obligations set forth in this Section. SECTION 7. MISCELLANEOUS TERMS AND C�NDITIONS A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance af any of its terms or of any rights or obligations ofthe parties to this Cantract shall be governed by Califomia law. �f 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 agreernent between the parties and supersedes whatever aral or written understanding each may have had prior to the ex�cutian of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by Ciry and Consultant. No verbal agreement or conversation with any official,officer,agent or employee of City,either before,during C PSG/FHW A-Sacramento Dr_Bridge at Olney Cr Repl Page 9 ar after the execution af this Contract, shall affect or madify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or 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 whatsoever shall not constitute a waiver of the cavenant or conditian in question. Until perfarmance by Consultant af said covenant ar condition is complete, City shall be entitled to invoke any remedy available to City under this Contrac�or by Iaw or in equity despite said forbeararace or indulgence. D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent,the remainder of this Contract sha11 not be affecte�thereby and shall be enfarced to the greatest extent perrriitted 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 provisian or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision 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 cansequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation nat contained herein of any ather Party or any representative, agent or attorney of the other Party.The Parties agree that they are aware that they ha�e the right to be advised by counsel with respect to the negotiations,terms,and conditions of this Contract 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 sole responsibility of each of the Parties. Accordingly,no party shall be deemed to have been the drafter hereof,and the princi�le of law set forth in Civi�Cade § 1654 that contracts are construed against the drafter shall not apply. G. Each of the Parties hereto hereby irrevocabty waives any and all right to trial by jury in any action,proceeding,claim or counterclaim, whether in cantract or tort, at law or in equity, arising out of or in any way relatec� to this Agreement ar the transactions contemplated hereby. Each Party further waives any right to consolidate any action in which a jury trial has been waived r-vith any other action in which a jury trial cannot 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 thase of any e�ibit or attachment hereto,the terms and conditions set forth in the body of this Contract shail prevail. In the event of a conflict between the terms and conditions of an.y two or more e�ibits or attachrnents hereto, those prepared by City shall prevail over those prepared by Consultant. C PSGIFHWA-Sacramento Dr.Hridge at Olney Cr Repl Page 10 I. Pursuant to the City's business license ardinance, Consultant shall obtain a City business license prior to commencing work. J. 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 cost and expense,keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally reguired for Consultant to practice its prafession. K. Consultant shall, during the entire term of this Contract, be construed #o be an independent contractar and nothing in this Contract is intended, nor shall it be canstrued, 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 taYes imposed on Consultant's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales ar use t�es, shall be paid by Cansultant. Consnitant shall be responsible for any taaces or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eiigible far coverage under Czty's workers' compensation insurance plan,benefits under the Public Employee Retirement System or be eligible for any other Ciry benefit. L. No provision of this Contract is intended to,or shall be far the benefit of,or construed to create rights in, or grant remedies to, any person or entity not a party hereto. M. No portion of the work or services to be performed under this Contract shall be assigned,transferred,conveyed or subcontracted without the priar written approval of City. Consultant may use the services of independent contractars and subcontractors to perform a portion af its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Consultant shall have an affirmative duty to assure tha�said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Consul�ant shall be the responsible party with respect to all actions of its independent contractors and subcontractors,and shall obtain such insurance and indemnity provisians from its contractors and subcontractars as City's Risk Manager shall deterrnine to be necessary. N. Consultant shall perform alI services required pursuant to this Contract in the manner and according ta the standards observed by a competent practitioner of Consultant's profession. All products of whatsoever nature which Consultant delivers to City pursuant ta this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcantractars assigned to perform the services contemplated by this Contract. C PSG/FHWA-Sacramento Dr,Hridge at Oloey G Repl �$�e 1 1 SECTION $. SURVIVAL The pravisions set forth in Sections 4, 5, 6, 7.A, 7.D, 7.G, 7.L, 15, 18, 19, and 20 of this Contract shaIl survive termination of the Contract. SECTION 9. COMPLIANCE WITH LAWS -NONDISCRiMINATION A. Consultant shall co�nply witl�all applicable laws,ordinances,regulations and codes of federal, state and local governments. B. Consultant's signature affixed herein,and dated, shall constitute a c�rtificatian under penalry of perjury under the laws of the State of California tk�at Consultant has,unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. C. During the perFormance of this Contract, Cons�ltant and its subconsultants shall not unlawfiully discriminate,harass,or allow hatassment against any emplayee or applicant far employment because of sex,race,color, ancestry,religious creed,national origin, physical disability (including HIV and AIDS}, mentai disability, medical condition {e.g.,cancer),age(over 4a),marital status,and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-� ef seq.) and the applicable regulatians promulgated thereunder(California Code of Regulations, Title 2, Section 7285 et seq.}. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990(a-f},set forth in Chapter 5 of Divisian 4 of Title 2 of the California Code af Regulations,are incorporated into this Contract by reference and made a part hereof as if set forth in full. Cansultant and its subconsultants shall give written notice of their obligations under this clause to Iabor organizations with which they have a collective bargaining or other Agreement. D. The Consultant shall camply with regulations relative to Title VI{nondiscrimination in federally-assisted programs of the Department of Transportation-Title 49 Code of Federal Regulations, Part 21 - Effectuation of Tit�e VI of the 1964 Civil Rights Act}. Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall,on.the basis of race, cojor, national origin, religion, sex, age, disabi�ity, be excluded from participation in,denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successars in interest. E. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Titie VI. Specifically,the Consultant shall not discriminate on the basis pr race,color,national origin,religion, sex,age,or disability in the selection and retention of Subconsultants, including procurernent of rnaterials and leases of C PSC-lFHWA-Sacramento Or.Bndge et Olney Cr Repl Page 12 equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. SECTI4N lU. REPRESENTATIVES A. City's Contract Administrator for this Contract is Co�ri L. Vandiver, email cvandiver(a�ci.reddin .ca.us , telephone number (530) 245-7120, fax number {530}_245-7024. All of Consultant's questions pertaining to this Contract sha11 be refened to the above-named person, or to the representative's designee. B. Consuitant's Praject Manager for this Contract is Robert Morrison, email bmorrisonla7morrisonstructures.com,telephone number(530)24b-8528, faa�number (530)246-8625. All of City's questions pertaining to this Contract shall be referred to the abave-named person. C. The representatives set forth herein shail have authority to give a11 notices required herein. SECTION 11. NOTICES A. All notices,requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender (may be other than the representatives referred to in Section 14}and delivered by facsimile,with a hard copy mailed first class,postage prepaid;or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective partiEs as follows: To City: To Consultant: Ms. Corri Vandiver Mr. Bob Morrison City of Redding, Engineering Division Morrison Structures, Inc. 777 Cypress Avenue i 890 Park Marina Drive, Suite l 04 Redding, CA 96001 Redding, CA 96041 B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other pariy in the manner provided in this Section. C. Notice shall be deemed effective upon: 1)persanal service;2}two calendar days after mailing or transmission by facsimile, whichever is earlier. SECTION 12. AUTHORITY TO CONTRACT A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract an behalf of the respective parties to this Contract; C PSC-/FFiWA-SacrameMo�r.Bridge et Olney Cr Repi Page 13 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 fully authorized by all requisite actions on the part of the respective parties to this Contract. B. When the Mayor is signatory to this Contract,the City Manager andlor the Department Director having direct responsibili�ty for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant ar otherwise substantially change the scope of the services provided herein. SECTION i3. DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION A. This Contract is subject to 49 CFR, Part 26 entitled"Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultant shall be guided by, and comply with,Exhibit 10-I of the Local Assistance Procedures Manual {"LAPM"), attached and incarporated herein. B. Consultant must give consideration ta DBE firms as specified in 23 CFR 172.5(b},49 CFR,Part 26. If the contract has a DBE goal, Consultant rnust meet the gaal by using DBE's as subcansultants or document a good faith effort to have met the goal. If a DBE subconsultant is unable to perfarm,Consultant must make a good faith effort to replace him/her with another DBE subconsultant if the goal is not otherwise met. C. A DBE may be terminated only with written approval of City and only for the reasons specified in 49 CFR 26.53(�}. Prior to requesting City's consent for the proposed termination, Consultant must meet the pracedural requirernents specified in 29 CFR 26.53{#}. D. Consultant shall maintain records of rnaterials purchased or supplied from ali subcontracts entered into with certified DBE's. T�e records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE ar vendor,regardless of tier. The records shall show the date of payment and fihe total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. E. Upon completion of the Contract, a summary of these records shall be prepared and submitted or�the farm entitled, "Final Report-Utilization of Disadvantaged Business Er�terprise(DBE),First-Tier 5ubconsultants,"CEM-2402F{Exhibit 17-F,Chapter 17, of the LAPM),certified correct by Consultartt or Consu�tant's authorized representative and shall be furnished to City's Contract Administrator with the final invoice.Failure to provide the summary of DBE payments with the final invoice will result in 25 percent of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory"�'inal C PSC-/FHW A-Sacmmrnta Dr_Bridge at Olney Cr Repl Page 14 Report-Utilization of Disadvantaged Business Enterprises {DBE}, First-Tier Subconsultants" is submitted to City's Contract Administratar. F. If a DBE subconsultant is decertified during t�e life af this Contract, the decertified subconsuItant sha11 notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify Consultant in writing with t�e date of certification. Any changes should be reported to the Agency's Contract Administratar within 30 days. G. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this Section. SECTION 14. CONFLICT5 OF INTEREST 1 UNLAWFUL CONSIDERATION A. Consultant,including its employees,agents, and subconsultants, shall not main�ain or acquire any direct or indirect interest that conflicts with the perfvrmance of this Contract. Consultant shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) a.rid other laws relating to conflicts of interest, including the following: 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 econamic interest, and 2} if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk. B. Consultant warrants,by execution of this contract that no person or selling agency has been employed, or retained, to solicit or sectire this contract upon an agreement or understanding, for a commission,percentage,brokerage, or contingent fee,except�ng bona fide employees, or bona fide established commercial or selling agencies maintained by Cons ultant for the purpose of securing business.For breach or violation of this warranty, City has the right: 1) to terminate this Contract without liability; 2) pay only for the value of the work actually performed; and 3) to deduct from the contract price or consideration, or otherwise recover the full amouni of such commission, percentage, brakerage, or contingent fee. C. Consultant shall disclose any financial, business, ar other relationship with City that may have an impact upan the outcome of this Contract, or any ensuing City construction project.Consultant shali also list current clients who may have a financial interest in the outcome of this contract,or any ensuing City constructian project,which will follow. D. Consultant hereby certifies that it does not now have,nor shall it acquire any financial or business interest that would conflict with the performance af services under this Contract. E. Any subcontract in excess of$25,000 entered into as a result of this contract, shall contain all of the provisions af this Section A through E. C FSC-!F'HWA-Sacramanto Dc Bndge at Olrtey Cr Repl Page 15 F. Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one,which is subject to the control of the same persons through joint- ownership, or otherwise. G. Except for subconsultants whose services are lirnited to providing surveying or materials testing infarmation, no subcansultant who has provided design services in cannection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection far any construction proj ect resulting from this contract. H. Cansultant warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty,City shall have the right in its sole discretion: 1}to terminate the contract withaut liability; 2}to pay only for the value of the work actually performed; 3}to deduct from the contract price; or 4) to otherwise recover the full amount of such rebate, kickback or other unlawful consideration. SECTIQN 15. RETENTION OF RECORDS/AUDIT A. For the purpose oFdetermining compliance with Public Contract Code § 1011 S,et seq. and Title 21, California Coc�e of Regulatians, Chapter 2�, Section 2500 et seq., when applicable and otl�er matters connected with the performance of the contract pursuant to Government Code§8546.7;Consultant,subconsultants,and Ciry shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining ta the performance afthe cantract,including but not limited to, the costs of administering the contract. Al� parties shall make such materials available at their respective offices at all reasonable times during the contract period and for tl3ree years from the date of final payrnent under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall ha�e access to any books,records,and documents of Consultant and its certified public accountants{CPA)work papers that are pertinent to tl�e contract and indirect cost rates(ICR)for audit,examinations,excerpts,and transactions,and copies thereof shall b�furnished if requested. Subcantracts in excess of$25,000 shail contain this provision. B. Any dispute concerning a question of fact arising under an interim or post audit of this Contract that is not disposed of by agreement, shall be reviewed by City's Director of Finance or her designee.Not later than thirty(30)days after issuance of the final audit report,Consultant znay request a review by City's Director of Finance or her designee of unresolved audit issues. All requests for review shall be submitted in writing. C. Neither the pendency of a dispute nor its consi�eration by City wiil excuse Consultant from fixll and timely performance, in accordance with the terms of this contract. C P5C-/FHWA-Sacrnme`rto Or.Bridge at Olney Cr Repl Page 1 fi D. In cases where the maximum compensation under this Contract exceeds $150,000, Consultant and subconsultant contracts,including cost proposals and indirect cost rates (ICR),are subject to audits or reviews such as,but not limited to,a Contract Audit,an Incurred Cost Audit,an ICR Audit, or a certified public accauntant(CPA) ICR Audit Workpaper Review.If selected for audit or review,the contract,cost proposal and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instance of a CPA ICR Audit Workpaper Review, it is Consulta.nt's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's warkpapers including making copies as necessary. The contract,cost proposal,and ICR shall be adjusted by Consultant and approved by City's Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs ic�entified in the audit report shall be incorporated into the contract by this reference if directed by City at its sole discretian. Refusal by Consultant to incorporate audit or review recommendations,or to ensure that the federal,state,or local gpvernments have access to CPA workpapers, wili be considered a breach of Contract terms and cause for termination of the contract and disal�owance of prior reimbursed casts. SECTIQN l6. DISPUTES A. Any dispute,other than audit,concerning a question of fact arising under this Contract that is not disposed of by agreement shall be submitted in writing arid decided by City's Director af Public Works, who may consider written or verbal ir�formation submitted by Consultant. B. Neither the pendency of a dispute, nor its consideration pursuant to this Section will excuse Consultant from full and timely performance in accordance with the terms of this Contract. SECTION 17. SAFETY A. Consultant shal� comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City.Consultant's personnel shall wear hard hats and safety vests at all times while working on a construction project site. B. Pursuant to tne authority contained in Section 591 of the Vehicle Code, and when applicable, Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and l5 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operatian of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcantract entered into as a result of this contract, shall contain all vf the provisions of this Article. C PSG/FHW A-Sacramenro Dr.8ridge at Olney Cr Repl Page 17 SECTION 1$. OWNERSHIP OF DATA A. Upon completion of all wark under this Contract or termination of this Contract, ownership and title to all reports, documents, plans, specifications, and estirnates produce as part of this Contract will automatically be vested in City, and no further agreement�will be necessary to transfer ownership to City.Consultant shall furnish City all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications,whether in hard copy or machine-readable form, are intended for one-time use in the construction ofthe project for which this Contract has been entered into. C. Consultant is not liable for claims,liabilities,or losses arising out of,pr connected with the modification, ar misuse by City of the rnachine-readable information and data provided by Consultant under this contract.Further,Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on flther projects for additions to this pro�ect, or far the campletion of this praject by others, except only sucl� use as may be authorized in writing by Consultant. D. Except as noted above, City may permit Consultant ta copyright reports ar other contract-related product.If copyrights are permitted,the City and the FHWA shall have a rayalty-free nonexclusive and irrevocable right ta reproduce, publish, or otherwise use the work and to authorize others to use the work for government purposes. E. Any subcon#ract in excess of$25,400 entered into as a result of this Contract shall contain all of the provisions of this Section. SECTION 19. CLAIMS FILED BY CITY'S CONSTRUCTIQN CONTRACTOR A. If claims are filed by Ciry's construction contractor relating to work performed by Consultant's personnel, and additional information or assistance from Consultant's personnel is required in order to evaluate or defend against such claims, Consultant agrees to make its personnel available far consultation with City's construction contract administration and legal staff and for testimony,if necessary,at depositions and at trial or arbitration proceedings. B. Consultant's personnel that City considers essential ta assist in defending against construction cantractor claims will be nrtade available on reasonable notice from Ciry. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant's personnel services�nder this contract. C. Services af Consultant's personnel in connection with City's constructian contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims. C PSGIFHWA-Sacramento�r.Bridge aY Olney Cr Repl Page 18 D. Any subcontract in excess of$25,000 entered into as a result of this contract shall contain all of the provisions of this Sectian. SECT�ON 20. CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to Ciry's operations, which are designated confidential by City and made available to Consultant in order to carry out this Contract, shall be protected by Consultant from unauthorized use and disclosure. B. Permission to disclose infarn�ation on one occasion, or public hearing held by City relating ta the Contract, shall not authorize Consultant to further disclose such information, ar disseminate the same on any other occasion. C. Consultant shall not comment publicly to the press or any other media regarding the contract or City's actions on the same, except to City's staff, Consultant's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative cammittee. D. Consultant shall not issue any news release ar �ublic relations item of any nature, whatsoever,regarding work perfarmed or to be performed under this contract without prior review of the contents thereof by City and receipt of City's written permission. E. Any subcantract entered into as a result of this contract shall contain all of the provisions of this Sectian. SECTION 21. NATIONAL LASOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code § 10296, and by signature on this Contract, Consultant hereby states under penalty of perjury that r�o more tnan one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant's failure to comply with an arder of a federal court that orders Consultant to comp�y with an order of the National Labor Relations Board. SECTION 22. DEBARMENT AND SUSPENSION CERTIFICATION A. Consultant's signature affixed herein, shall constitute a certification under penaity af perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR Part 1 S0,"OMB Guidelines to Agencies on Government-wide Debarment and Suspension (nonprocurement}", which certifies that he/she or any person associated therewith in the capacity of owner,partner,director, officer,or manager,is not currently under suspension, debarment, voluntary exclusion, ar determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excl�ded,or determined ineligible by any federal agency within the past three(3}years; does not have a propased debarrnent pending;at�d has not been indicted,convicted,or C PSG/FI-lWA-Sacramento Ar.Bridge at Olney Cr Repl Page 19 had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed ta City prior ta execution of this Contract. B. Exceptions will not necessarily result in denial af recomnnendation for award,but will be considered in determining Cansultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be detern�ined by the FHWA. SECTION 23. PROHIBITION OF EXPENDING CITY STATE OR FEDERAL FUNDS FOR LQBBYING A. In cases where federal funding exceeds$150,000,Consultant certif es by signature on this Contract that, to the best of his or her knowledge and belief: i. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of Consultant ta any person for influencing or attempting to influence an officer or emplayee of any state or federai agency; a M�mber of the State Legislature ar United �tates Congress; an afficer or einployee of the Legislature or Congress; or any employee of a Mennber of the Legislature or Congress, in canraectian with the awarding of any state ar federal contract; the making of any state or federal grant;the making o#'any state or federal loan; the entering into of any cooperative agreement,and the extension,continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person far influencing or attempting to influence an officer or employee of any federal agency;a Member of Congress;an officer or emp�oyee af Congress,or an eznployee of a Member of Congress;in cannection with this federal contract, grant, loan, or cooperative agreement; Consultant shall camplete and submit Standard Farm-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. B. This certification is a material representation of fact upon which refiance was placed when this transaction was made ar entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, US. Code. Any person who fails to file the required certification shall be subject ta a civil penalty of not less than$10,000 and not more than $100,OQ0 for each such failure. C PSG/FHWA-Sacramanro Rr.Bridge et Olney Cr Repl Page 2 p C. Cansultant also agrees by signing this document that he or she shall require that the language of this certification be in.cluded in all lower-tier subcontracts,which exceed $100,000, and that all such sub recipients shall certify and disclase accordingly. SECTI4N 24. STATE PREVAILING WAGE RATES A. Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code,Section 1770,ar�d all Federal, State, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this contract if for rr�are than $25,Op0 for public works construction or more than$15,004 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the pravisions of this Section. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minirn�rri rates set by the Department of Industrial Relatians (DIR) as outlined in the applicable Prevailing Wage Determination. See htt�://www.dir.ca.�ov. SECTION 2S. EFFECTIVE DATE OF CONTRACT The effective date of this Contract shall be the date it is signed by Ciry. C PSGlFHWA-Sacramento Dr.Bridge at Olney Cr Rep3 Page 21 IN WITNESS WHEREOF,City and Consultant have executed this Contract on the days and year set forth below: CITY OF REDDING, A Municipal Corporation Dated: � ,2017 By: BRENT W y Mayo�' ATTEST: APPR�VED AS TO FORM: BARRY E. DeWALT City AtEorney � , � � PAMEI,A MIZE, i�� Ller� By: C�NSULTANT Morrison Structures n_ Dated: flyai�62 2 ,2Q17 By: t�/a�io�rr DIR No.: /oonp33 23 Z Tax ID No.: (o -0 5Oj"8 Attachments: Exhibit A (Scope of Work) Exhibit B (Cost Proposal) Exhibit 10-I (Notice to Proposers DBE Infarrnation) C PSC-lFEiWA-Sacramento Dr.Bridge at piney Cr Repl Page 22 Exhibit A CITY OF REDDING Scope af 5ervices for Professional Engineering Services for the Sacramento Dri�e Bridge o�er Olney Creek Replacement Project. MORRISON STRUCTURES, INC. shall provide all equipment and labor resources necessary to perform the scape of engineering services descrit�ed herein for the 5acramento Drive Sridge over Ojney Creek Replacement Project. Task 1: Praject Management Review and Scheduling: Morrisan Structures will provide all Contract Management and Quality Control Services throughout the duration of the project including: • All mee�ings, agendas,and summaries, • Coordination and consultation with City staff in support of environmental documentation and permitting for project construction, • Coardination and consultation with utilities for possible relocations and or conflicts • Schedules and schedule updates, • Prepare and submit monthly progress report with monthly progress paymez�t. 'Fhe monthly progress report shall include: a} An overview of work accomplished during the previous month; b) A description of current key activities and an updated schedule for each task and subtask.The schedule shall be done in Microsaft Project; c] A list of problem areas,and proposed corrective actions; d) A list of tasks for the following month; e) A har graph showing total cantract b�dget, monthly invoiced amounts, cumulative amount invoiced and project billings to end of project; f] An earned-value statement that shall clearly descriiae the relationship between fee to date,percent work complete,and percent time remaining; and g) A Schedule Summary indicating whether the project is on schedule and any schedule concerns or critical path items (a Recovery Plan/Schedule for any activities that Fall more than 2 weeks behind schedule). • Develop a Qualiry Assurance/Qualiry Control Program including a formal project specific Quality Plan {see Task 9). • Carrespondence and project file maintenance in accordance with Caltrans files oz- City of Redding file management. Marrison 5tructures' Project Manager will �alay an actiive role in the management and coordination of the projec� to include monthly meetings with City staff to discuss project status, problems, budgeting,and other areas that have an adverse effect on the wark. This task should be broken out into the level of effort needed for each phase of work noted ahove (i.e design development, final design, canstcuction services). Task 2: Support for Environrn�ntal Documentation and Permitting and Caltrans Local Assistance The City will be respansible far preparing and submitting the permit applications and for paying all fees associated with environmental Qermits for the project. Morrisan Structures will be responsible for cooz-dinating with and providing technical support for City staff and ar their consultants an all environmental requirements by all federal, state and local agencies and environmental support during each phase of the project; design development, final design, and construction. These responsibilities shaIl include,but not be limited to: • 5upport for the appropriate environmental documents and any associated technical studies ta clear the project(s) for construction. * Support for services may include but not limited to the following: + Coardination and consultation with utilities for possible relocations and or conflicts � Mapping + Figures and Exhibits + Design information and c3ata • Alternatives analysis • Project descriptions including construction � Support for al1 public meetings including; figures, posters, attendance, comment solicitation and preparation of response ta comments. Morrison 5tructures Inc. will be responsible for coordinating with and submitting all docuznentation and forms required by Caltrans Local Assistance for federal aid projects. Morrison Structures Inc. will provide service during all phases of the project: 90% design, final design, and authorization for construction. Task 3: Preliminary Design Marrison Structures team has previously prepared an Adaanced Planning Study (APS], equivalent to 30%submittal, addressing at a minimum: • Conduct Bridge Type Selection Process + Prepare Bridge General Plan • Access to existing business' adjacent to the project • Construction Staging + Hydrauiic Study • GeotEchnical Studies • Utility Cpardination ❖ PG&E Gas ❖ PG&E Electric ❖ Redding Electric Utility[REU) •'• Water . ❖ Wastewater ❖ Starm Drain ❖ Cable •3 Telephone • Right-of-way requirements [as needed) * Environmental�ssues Task 4: Data Collection and Field Survey Morrison Structures' with subcflnsultant Omni Means has conducted all data collection, field surveys and all other information necessary to establish horizontal and vertical control, utility locations and property boundaries. ITnder this task we have assumed no additional topographic and boundary surveys are necessary for cornpletion af the project. Task 5: Final Geotechnical Investigation Morrison Structures' suhconsultant CGI Technical Services will complete the geotechnical studies, and prepare the final geotechnical investigation report for the project. Task b: Final Hydraulic Study Report A draft Design Hydraulic Study report has been completed. Morrison Structures' subconsultant 1'acific Hydrologic will prepare the final Design Hydraulic Study for the praject and assist with hydz-aulic data for the modifications to the Olney Creek channel. This work will also include pz-eparatian of Caltrans forms for Location Hydraulic 5tudy and Summary Floodplain Encroachment Report. Morrison Structures has not included in this scope of serviices the preparation of FEMA Letter of Map Revisron (LOMR) for the project. This will be necessary following bridge construction. We can add this to our scope of services for additional fee if the City desires. Task 7: Utility Coordination Morrison Structures' sub-consultant Ozxzni Means will continue to perform subsurface utility engineering in conformance with ASCE 38-02 and with Caltrans Local Assistance Procedures Manual (LA�M] Chapter 13 "Right-of-Way", and Chapter 14 "Utility Relocations", and Caltrans Palicy on high and low risk underground facilities to identify possible conflicts. The utilities include but are not limited to: PG&E, REi�, Redding Municipal Utilities [RMU],AT&T, and Char�er. Marrison �tructures' team will coordinate with each utility, including the relocation of utilities as needed to eliminate a delay in the design project and will plan for all assaciated utilities in the design of the project. Omni-Means has prepared and sent"L�tilityA"letters and base plans to the various utiliry purveyors in the project area. The work remaining under this tiask includes attending utility coordination meetings and assisting the City with preparation of: Prepare CTtility Conflict Maps and Relocation Letters. Omni-Means shall prepare utility conflict maps for use by the City and the utility companies in deternnining liabiliry (cast share) of the utility relocations.The maps will be sent to each utility with the required Relocation Letter.T�e Relocation jetter will follow Caltrans format, but will be madified to request different times for the draft relocation plan, costs and liability claims to allow the right of way acquisitions to proceed concurrently with the utility relocation liabiliry determination. Preliminarq Utilit}r Relocation Plan Coordination. 'T'his task addresses coordina�ion of the preliminary utility relocation plans with the proposed project's plans. The affected utility company will complete their relocation plans�nrith input from Omni-Means.Utility relocations are assumed to be campleted prior ta construction,or by the utility purveyors'own forces.As such,relocation plans for electrical,CATV, and cammunication facilities wi�l not be included as work items in the project's con- tract documents; instead, the relocated utilities wili be shown as in-place on the plans. If it is necessary to per- form some of the u�ility relocations simultaneously with praject canstruction, coordination of the phasing of utility relocations will be addressed in the Special Provisions and on the Stage Construction Plans. A Report of Investigation will be submitted to the City to surnmarize relocation for each utility. Utility Agreement Support and Notice to Owner Letters. Omni-Means shall be availahle to support the City in the drafting of utility agreements for the relocation of utilities. It is assumed that the City will prepare and execute the Utility Agreements. Orrzni-Means shall prepare the Notice to Owner letters and provide them to the City �or signature and subsequent delivery to the utility companies. Utility Certification. This task addresses co�pletion of the signed iltility Certification Forms as required. Task$: Right-of-Way Morrison Structures will coordinate with City staff to identify temporary and permanent right-of- way required for the project. Morrison Structures and their subconsultant Bender Rosenthal wilI follow all required steps and procedures as outlined in Chapter 13 - Right of Way, in the LAPM. Based on the 60% design it is anticipated that four parcels will require Temporary Canstruction Easements. A fifth parcel will require both temporary and per�nanent easements. The permanen� easement is for a relocated utility pole.The follo�nring services will he provided; • Right-of-way research • Right-o�way mapping • Acquisitian Status Maps � Plat Maps and Legal Descriptians • Appraisals • Properry Acquisition Task 9: Preparation of Contract Documents Morrison Structures will prepare ali contract documents [roadway and bridge construction plans, specifications, and cost estirrzates) in accordance with City of Redding and Caltrans standards as detailed in the Capital [mprovement and Maintenance Project Submittal Requirennents, and as directed. Design services shall include,but not be lirnited,to the follow�ing: Design calculations, plan preparatzon, technical specification preparation, special provision preparation, engineers cost estima#es and all other appropriate engineering necessary to provide complete contract docurnents, ready for bidding. Morrison Structures will prepare geometric approva� drawings (base plans) for the entire wark site. The base plans will show the e�isting roadway and drainage facilities, the right of way lines, all existing nearby structures, fences, driveways, poles, signs and any trees and shruhs in the general facility of the work site. The base plans wiil also show utility facilities such as fire hydrants, valves, manhales, and electrica� equipment. The location of al�utilities shown an the base plans will be verified with the appropriate utilities. Morrisan Structures will submit for approval a sample plan sheet and legend showing the proposed 5}�I11�OIS,line work and lettering for all existing and proposed improvements. All designs shall comply with any and a�l appropriate federal, state and local design standards and guidelines including: • City of Redding Constructian 5tandards • AASf-ITO guidelines • Caltrans �Iighway Design Manual • Caltrans Bridge Design Specifications • Caltrans Bridge Design Details � Caltrans Bridge Des'rgn Aids Manual • Caltrans Bridge Memos to Designers • Caltrans Bz-idge Design Practice • Caltrans Drafting and Plans Manual Bridge and other design services shaIl at a minimum rnclude,but not be limited,to the following: • Prepare Bridge General Plan Estimate � Bridge Desrgn and Plan Preparatian • Bridge Design Independent Check • Prepare Bridge Specification Special Provisions • Prepare Bridge Quantities • Other Design Services • Roadway • Drainage • Redding Municipal Utilities (Water and Wastewater) • Utilities (Telephone, Gas, Electrical, Cable]-Coordination with all utilities to ensure horizontal and vertical conflicts are identified and resolved through design or relacations. An independent constructability review for the project will be accomplished at the appropriate design stages. Final drawings will be prepared o� 22" x 34" mylars for original signatures. Submittals for review will be at the apprapriate design stages with drawings reduced hy 50% and specifications an 81/z" x 11° reproducible paper. Ten {10) sets will be included at the review stages to allow the City and all other appropriate agencies consulted to provide a thorough review of the project documents. A complete and final set of contract documents, including plans, specifications, and estimates wjll be submitted on reproducible compact disk that meet all Ciry requirements. Cornplete bid packages shall be prepared incarporating all Ciry standard general provisions, instructions and notice to bidders, technical specificatians, special provisions, federal provisions, if required and appraved plans reduced by 50°/o Formal submittals [plans, specifications and estimates) will occur at the 30 percent, 60 percent, 90 percent, and 100 percent F�nal Package completian points for City and outside agency review. Submittal formats shall follow the City guidelines. Morrison Structures will respand to, and incorporate, if appropriate, any and all comments received fro�n the City or any other reguIatory or utility agency. QUALITY CONTROL PLAN Morrisan Structures will have a Quality Control Plan in effect to assist yuality assurance during the entire time work is in effect. Morrison 5tructures has total responsibiliry for the accuz-acy and completeness of the plans, calculations, related documents, and all other work furnished and shall meet that responsibility through the implementation of a Quality Control Plan. Morrison Structures Quality Control Plan shall be in effect throughout the entire Contract and, at a minimum, shall establish the process necessary to ensure the following and all design is done in accordance with good engineering practice and all�rork meets the standards set forth herein. a) The Quaiity Control Plan shall establish a process whereby all work is independently checked, carrected and re-checked, in accordance with accepted practice, by a qualified engineer, registered in the 5tate of California. All job related correspondence and memoranda are routed and received by a��ected persons and then bound in appropriate job files. All original drawings and caIculatians shall be maintained for the duration of the design contract and submitted to the City at the completian of the work. b) Coordination and checks are provided on those drawings that show different work in the same area (i.e. plans coordinated with specifications],to see that conflicts and misalignment do not occUr between plan sheets,and between the plans and specifications. c) Morrison 5truc#ures will verify the constructability of the plans in relation to Ciry's Canstruction Standards, the °Greenbook" 2009 edition (if utilized), modified CSI forznat (if utilized], Caltrans Standards, independent technical specifications and the project special provzsions. d] Delivery af plans and computations must be accampanied by supporting documentation that demonstrates Morrison Structures is following its Quality Cantral Plan. Th.e documentation may iz�clude copies of appropriate lists of deliverables, #ables, plan sheet punch lists, etc., which show columns for checking, revising, back-checking, and quality control reviews. Design review submittals not accampanied by sufficient verification of quality cantrol procedures wiIl be returned to us. Documentation of quality assurance procedures is cansidered to be a requisite element of each review submittal. e) Prior to the above indicated submittals, Morrison Structures will perform an internal quality control and constructability review with engineers experienced in the appropriate discipline(s), and identify personnel responsible for this review, prior to the review. Morrison Structures wil�then provide the review results to City. 40°/a Desigt� (90%PS&E) Morrison Structures will review the 60% plan submittal and prepare plans equivalent to a 90°/v submittal. The follawing items of work shall be addressed: • Data collection and f eld survey • Roadway design including drainage and utiliry coordination • Bridge design • Olney Creek channel modifications � Construction staging • Completian of the Hydraulic Study and Reports • Completion of Geotechnical �tudies and Reports • Right-af-way requirements Morrison Structures wiIl develop the 60 percent p�ans as needed for environmental support and perform an independent plan check of the unchecked structure plans. The check shall include calculatians to verify structure layout, geometry and con�'ormance with the bridge design criteria. Roadway design will be checked. Discrepancies raised by the checkers shall be discussed with the designer and shall be resolved. The 90% PS&E shall reflect agreement among the designer and independent checker. DeliverQbles: • 1d sets of 11x17 checked and signed plans. • 10 sets of Engineer's Estimate. + 10 sets of edited SSP's. Final Design(PS&E) Following the 90% PS&E review by City, agreed upon revisians shall be made to the PS&E. Morrisan Structures will prepare final road an.d structure item quantities and Engineer's Estimate to use in preparing the contract bid documents. The revised and �nal PS&E shall be submitteci to the City for�nal approval. Upon the Cit�s final approval of the P5&E package, an original set of stamped and signed plans, special provisions and engineers' estimate will be provided to the City in hard copy and on compact disk for its use in soliciting bids. Deliverables; • 1 set of 11x17 plans and special provisions signed and sealed. � 1 Mylar set of 22 x 34 p�ans signed and sealed. � 1 copy of Engineer's Estimate. � 1 copy of bid item quantity calculations. • 1 set of final structural design calculations. • 1 set of final independent check calcujations. • Compact disk copy of signed plans,special provisions,and engineers' estima#e. • RE Pending File, including related information as found in Section 4-9 of the Caltrans OSFP Information and Procedures Guide. Task 11: Assistance During Bidding&Construction Morrison Stz-uctures will provide assistance to the City during the bidding and canstruction phases of the praject of ensure the contractor understands all tec�nical aspects of the design and any design changes. This work will include the folIowing: • Participate in pre-bid meetings for praspective bidders to answer contractor az�d supplier technical questions, • Review of technical contractor and 5upplier submittals, • Caordinate through the City responses to contractor and supplier technical questions during bidding and prepare any addenda required, • Provide any drawings,modifications and clarifications during the bidding period, • Attend all pre-canstruction conferences, • Provide ongoing consultation and interpretation of contract docurrzents as reyuired, • Assist the City with submittal reviews, preparation of change orders, and response to requests for infarmatian re�ated to technical design issues encountered, • Prepare design clarifications to clarify the design intent, • Attend all final inspections • Prepare as-built drawings following construction from markups by the contractor and resident engineer. As-buil� markups will be made by hand, an the original mylars in pernnanent ink. The original designers stamp and signature will be maintained on the as- built drawings. An"As-Built" or"Record Drawing"stamp shall be added to the drawings Contract No. Sacramento Drive 8ridge ovar Olney Creek Projeci Daie: 14-Jun-17 Consultant: Morrison Structures,lnc. DIRECT LABOR Initial Hourly Classification Name Hours Rate Total 90%Design 5truchara!Engineer(E6) Morrison,.Tr. Sob 209 $65.93 $f3,779.37 Senior Civil Engineer(E5) Morrison,Sr. Bob 24 $60.50 $1,452.00 Associate Engioeer(E3) Roesner Dean 184 $43.47 $7,99$.48 Technician(T2) Gallino Janet f 80 $30.09 $5,416.20 547 $2$,b46.D5 FinaE Design Structural Engioeer(E6) Morrison,Jr. Bob 100 $65.93 $6,593.04 Senior Civil Engineer(E5} Morcison,Sr. Bob 0 $60.SD $AU Associate Engineer(E3) Roesner Dean 88 $43.47 $3,82536 Technician(T2) Gallino Janet 10 $30.Q9 $2,106.30 258 $12,524,6G Services During Bidding and Construction StruCtural Engineer(E6) Morrison,Jr, Bob 42 $6593 $2,769.06 Associace Engineer(E3) Rcesner dean 80 $a3.47 $3.477.60 Technician(T2) Gailioo Janet 41 $30.d9 $ 1,233.69 163 $7,48035 Subtota!Direct Labor 1018 $48,6�L06 Anticipated Salary]ncreases $640.00 (assumes 3.5°/a ratc incrcase in 2018)-Applied to Final Design and 5ervices During Construction Total Dueci Labor Cast $49,291.06 Indirect Overhead Rate{Fringe Benefits+Overhead+G&A)� 18930% $93,307.98 Subtotal Direct Labor and Indirect Overhead Rate $142,599.04 F�XED FEE 13.00% $18,537.87 OTI IER COST3{refer to attached detail) Expenses(mileage,binders,supplies,final fdn report,etc.) $5,100.00 Subconsultants Omni Means(Util Coord,RIW Easement,Road PS&E,5DC) $4p,975A0 Pacific Hydrologic{Hydraulic Study) $3,655.OU Advanced Engineering Graphics{Technician Services) $10,5 L S.OD Curalium Cvnsulting(UBE,Technical editing and writing) $2,800.00 Bender Rosenthal,1nc.(K/W Appraisais&Acquisitions) $40,360.40 R Valentine,Inc.(Independent Check) $t 1,00�.00 Salix Applied Earth Cate(channek bioengineering methods) $B,lUU.00 Subtatal Other Costs $121.905.OD Markup Other Costs 0.00% $.00 GR.4ND TDTAL $283,U41.91 �. . 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N � � � � . m � � � Pu�cf�ases and . m � � �- � � �irect Costs. d � 0 � � ' � � ,P r.> >v o o i ti rn a � � � 5 � - - a � n �' tfr n�i � � N � _c.6yn � w A � Q e, � � � y w j w i� � m o co �y Z W � O A W � N t0 N A [�.r�i N � �� p � � � � � O N O] � Ui N W � �� O � � , � 3 p � p �� p O '� � W A �� Z O �■ ; � � �, � � � � � � n --� � . IV A W �- V �y� 6�i � N � � C17 � O � IV 00 OO- O1 � _ � � - �. . .... ..�.... .. ,. . � � o � Q w � � W � ��o� �t y a � e° � e^' oo a �' w � ro �' � z �.Va O N t0 O � O �1 f�l� p�j � n N � m � � . � V pWj V�1 S/ VJ (n �. � . � � omni •means � v A GHD company `� Project Budget Es�mate �xhibit 10-H City of Redding Cost Proposal Sacramenta Dr Bridge over Oiney Creek Date:513U117 PRO No.:7694 Contract No. bate May 30, 2017 Consultant OM�11-MEANS, Ltd.A GHb Company Revised Sept 15, 2D17 DIR�CT LABOR Initia! Hourly Classification Narne Ran e $) Ho�rs Rate($) Total 66.71 �roj Mngr4 Wenham 75.81 38 @ 72.60 $ 2,758.80 �" 27.�8 Engineer 1 -4 Various 47.51 220 @ 40.00 $ 8,800.00 45.87 Surveyor 3 Haward 56.12 6 @ 52.08 $ 312.48 �2.ao Clerica! Various 21.70 20 @ 15_00 $ 300.00 Subtotaf Hours 284 Subtotal Direct La6or Costs $ 12,171.28 Anticipateci Salary Increases (see aftached calculation) $256.69 Total Direct Labor Cosis $ 12,427.97 �ndirect Rate Rate Tatal tFringe Benefits+Overhead+G&A) 199.56% $ 24,801.2fi Total Indirect Costs $ 24,801.26 FEE Rate �otal 10.0�% $ 3,722.92 Tatal Fee $ 3,722.92 OTHE�COSTS Purchases and Direct Costs $ - LodginglSubsistence $ - PhotocopieslReproduction/Poskage $ 19.06 Other Cosfs $ - Tota� �ther Costs $ 'f 9.06 Total OMNI-MEANS Costs $ 40,97122 OMN!-MEANS P7691 BUDp02.xlsx Praject Budgst T omni • means � City of Redding � Sacramento Dr Eiridge over Olney Creek Q► Ci H D c o m p a n y � Date: 5I3Q177(Rev 9115197) Exhiblt 10-�I PRO No.7691 Salary Increases Caiculation Consu�tant Name: Omni-Means,Ltd.A GHQ Company 1.Calculate average haurly rate for ist year of the contract(Direct La�or Subtotai divided by total hours) �L Subto#a1 per Tatal Hours per Cost Cost Proposa] Proposal Av�Nourlv Rate $ 12,�,73..28 � 284 = $42.86 Year 1 A�g Hourly Rate 2.Calcula#e hourly rate for all years(Increase the Auerage hourly rate for a year by proposed escalation%} Avg hourly Rates Proposed �scalatian Year 1 $42.56 + 3% _ $44.14 Year 2-Avg Hrly Rate Year 2 $44.14 + 3% _ $45.47 Year 3-A�g Hrly Rate Year 3 $45.47 + 3�0 - �46.83 Year 4-A�g Hrly Rate Year 4 $45.83 �- 39'a = $48.24 Year 5-Avg Hrly Rate 3.CaI�ulate estimated hours per year(Multiply es#irr�ate%each year by total hours) Es#imated%of DL Total Haurs per Cost Cornpleted Each Year Proposal Year 1 40.0% * 284 = 113.6 Estimated Hours Year 1 Year 2 50.0% * 284 = 142 Estimated Fiaurs Year 2 Year 3 10.09� * 284 - 28.4 Estimated Hours Year 3 Year 4 OA% * 284 = 0 �stimated Maurs Year 4 Year 5 Q.0%4 * 2S4 - 0 �stimated Hours Year 5 Total 100.0`� 7ataf 284 hrs 4.Catculate Total Costs including Escalation(multiply a�erage hourly rate by the number of hoursJ Avg F�ourly Rate Estirr�ated hours (calculated abo�e) {ca[culated aboveJ Year 1 $42.56 �` 113.6 = $4,$58.51 Year 2 $44.14 * 142 - $6,Z68.Z1 Year 3 $45.47 * 28.4 = $1,291.25 Year 4 $46.83 � 0 = $0.00 Year 5 $48.24 '� 0 - $0.00 Estimated Direct Labor Casts With Escalation $12,427.97 Direct Labar Subtotal before escalation $12,�7�.28 Recalculated �stalation w/o ��erhead Rate& Fees, $256.59 Es#irrrated total Salary Increases ' OMNI-MEANS Page 2 of 2 P7B91 BUD002.x1sx Form 10-H SUBCDNSUITANT CpS7 PROP45AL COST PROPOSAL CaN71tACT No. Bridge 6C0-0340,Sacramento�rive over Olney Creek,City of fledding �ate 20-Sep-17 C6N5ULTANT Pasificliydrologiclncorporeted DIRECT LA80R Initiai kourly Classificatian Name Range Hours Rate Total Principal Engineer Norman S.Braithwaite 16.5 @ S 54.46 $ 840.84 Su6toWl birect La6or Cos[s $ 640.84 ToWI birect La6ar Casts 5 840.84 FRINGE BENEHTS and INOIRECT COSTS Rate Total Fringe Benefits,Overhead/G&A Z30.00% $ 1,933.93 Total Fringe Benefits $ 1,933.93 FEE�10% $ 277.4$ OTHER COST5 Travel&Per�iem $ - Office Misc.&Reproductions $ Total Other Costs $ - TOTAL C45T5 $ 3,05225 Cantract No. �ate: 31-May-17 Subconsultant: Advanced Engineering Graphics,Inc. DIRECT�ABOR Initiat Hourly Classification Name Haurs Rate Total Task 1 -Bridge General Plan,Fo�ndation Plan-Final Design $.00 $.00 as a . Task 2-Creek Realignment-Final Design ec rnaan ic a mann . , . $.04 �.na Task 3-Envirqnmental Suppart ec rncian ic ar mann . . $.00 $.00 Subtotal Dirett Labor $5,329.54 Anticipated Salary Increases $.DO Total Direct Labor Cost $5,324.54 lndirect Overhead Rate @ 81.p0% $4,31fi.90 Subtotal Direct Labor and Indirect Overhead Rate $9,646.40 FIXEd FEE $868.18 OTHER COSTS(refer to attached detail} Expenses(mileage,supplies,elc.) SubconsuRants Sub consult A Sub consult B Subtotal Other Costs $.DO GRAND TQTAL $10,514.57 PRQPpSAL Contract No. 5acramento Dr Bridge overOlney Creek Project Date: 9/1 S!17 Subconsultant, Curalium Consulting DIRECT LAHOR loitial Hourly Classification Name Hours Rate Total Environ documentatioo NES and other misc.document review Coral Cavanagh 21 $65.00 $1,365.00 $.00 $.00 $.00 rask Subtotal 21 $1,365.Q0 Subtotal Direct Labor 2l $1,365.04 Anticipated Sa9ary lncreases 1 Q $3.4Q $30.00 Tota{Direct Lxbor Cost $1,395.00 Endirect Overhead Rate @ 81.00°/ $1,129.95 Subtotal Direct La6or and Indirect Overhead Rate $2,524.95 F1XED FEE lO.Od% $252.50 OTHER CO5TS(refer to attached detai]) Expenses(mileage,supplies,etc.) Subconsultants Sub cansult A 5ub consult B 3ubtotal Other Costs $.40 GRAIYD TOTAL $2,777.45 Exhibit 10.H Cost Praposal Project 1�ame: Sacramento Orive Bridge Replacement Date: 5/26/1] Prime Consoltant Name: Morrisan Structures Su6caosultant Name: Bender Rosenthal,inc. D[REC.T LABOR Average Hourly Name and Classification Raie($) Total Brenda Schimpf ROW Project Manager 24 v $76.92 $1,846.68 Mike L3hodny ROW Planner 16 v $65.1{} $1,041.60 Appraiser(s) TBD 48 C $45.OU $2,16d.00 Acquisition!{gent(s} TBD 180 ` $42,00 $7,56aA� Researcher{s) TBD 60 v $24.48 $1,458.80 AdministrationlClerical TBD 40 ;r� $25.SU $1,020.00 rw $U.OD v �� $6.00 � $6.00 v $a.0� Tolal Haurs 368 Subtotal $15,04fi.48 AnticipatedSalarylncreases $0.00 TOT'AL Direct labor Casts $]5,096.48 Rate% Total$ Fringe BeneTits 64.22% $9,694.96 Total Fringe Benefits $9,694.96 Indirect Costs Ovenc�ad 12.28% $1,854 General and Administrative 3332% $5,030 Total Indirect Costs $6,883.99 TOTAL Fringe and Indirect CosFs $16,578.95 FEE{Profit) 10% $3,167.54 DIItECT COSTS 7'ravel Costs 10 x 330 miles x$.535 per mile $�_76ry Title lZeparts 5 x$750 $3,750 Other Direct Costs(itemize) Total Other Costs $5,515.50 SUBCONTRACI'QR COS1'S Name Name $0.00 Name $D.00 TotalSuhcontractor $0.00 T�'I'AL D[RECT AND SUBCONTItACTOR COST $5,515.50 COl\TRACT TOTAL $40,358.48 Page 1 of 1 Contract No. Sacraraento Dr. Bridge over Dlney Cr. Date: 1-May-17 Subconsultant: R N Valentine,Inc. DIRECT LABOR Enitial Houdy Classification Name Hours Rate Total Final Design Valentine,Bob 53 $96.00 $S,D88.D0 $5,088-00 53 $5,088.D0 5ubtotal�irect Labor 53 $5_088.00 Total Direct Labor Cost $5,088.00 Indirect Overhead Rate�w 93-00% $4.731.84 Subtotal llireM Labor and Indirect Overhead Rate $9,$19.84 FIXED FEE ]0.00°/a $98L9$ OTHER COSTS Expenses{mileage,supplies,etc.) $13�.D0 Subtotal Other Costs $130.D0 GIL.aiND TOTAL $10,431.82 Contract No. Sacramento Dr Bridge Replacement Date: 7-Apr-l6 Subconsultant: Salix Applied F.arih Care,I.i,C. DIftECT LAB4R [niiial Hourly Classification Name Hours Rate Total Task 1-Olney Cr.Channel Modifications Design Services Senior Geomorphologist 1 McCullah 60 $63.00 $3,780.OD Assistant�l'echnician Support Staff 0 $12.00 $.DO 60 $3,780.OD Subtotal Direct La6or 64 $3.780.00 Anticipated Salary Increases $.OD Total Direct Labor Cost $3,780.00 Indirect Overhead Rate�u'�, 94.81% $3,583.82 Subtotal Direct Labor and Indirect Overhead Rate $7,363.82 FIXED FEE ]0.04% $7�6.38 OTHER COSTS(refer to attached detail) Misc 6xpenses $.DO Subconsultants N!A $.00 N/A $.00 N/A $.00 N/A $.00 5ubtatal Other Costs $_pp GR�+1ND TOTAL $8,100.20 S1"ATE OF CAUFORnfIA•DEPARTMENT OF 7RANSPORTATION Local Assistance Procedures Manual NOTICE TQ PR�P�SERS DBE INFORMATIQN EXHIBIT 10-1{NEW 01I2U17} Page 1 of 2 NOTICE 7Q PROPOSERS DBE INFORMATiON The Agency has established a DBE gaal for this Contract of 1.0 % OR The Agency has not established a goal for this Contract. However, praposers are encouraged to obtain DBE participation for this contract. 1. TERMS AS USED IN THIS DOCUMENT • The term"Disad�antaged Business Enterpnse"or"DBE"means a for-profit small business concem owned and controlled by a socially and ecanomically disadvantaged person(s)as defined in Title 49, Code of Federal Regulations(CFR), Part 26.5. • The term"AgreemenY'also means"Contract.° • Agency also means the local entity entenng into this contract with the Contractor or Consultant. • The term"Small Business"or"SB°is as defined in 49 CFR 26.65. 2. AU7NORITY AND RESPONSIBILITY A. DBEs and ather small businesses are strongly encouraged to participate fn the per#ormance of Contracts financed in whole or in part with federal funds(See 49 CFR 26, "Participation by Disad�antaged Business Enterpnses in Department of Transportation Financial Assistance Programs").The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the perFormance nf the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis o#race,coior, national origin, or sex in the awaM and performance of subcontracts. B. Proposers are encouraged to use ser�ices offered by financial instiiutions owned and controlled by DBEs. 3. SLiBIVAlSSION�F DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10-01 Consultant Propasal bBE Commifinent must be included in the Request for�roposal. In order far a proposer ta be considered responsible and responsive,the proposer must make good faith efforts to meet the goal estabiished for the contract. If the goal is not met,the propaser must docurnent adequate good faith effor#s.All DBE participation will be counted towards the contract goal;therefore, all�BE participation shall be callected and reported. Exhibit 10-02 Consultanf Contracf DBE lnformafion must be included with the Request for Praposal. Even if no DBE participation will be reported,the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fuEly informed regarcling the requirements of 49 CFR, Part 2fi,and the bepartmenYs b�E program develaped pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be ce�tified through the Califomia Unified Certification Program(CUCP}. B. A certified�BE may participate as a prime consultant,subconsultant,joint venture partner, as a vendvr of material or supplies, or as a t�ucking campany. C. A DBE proposer not proposing as a joint venture with a non-DBE,will be required to document one ar a combination af the following: 1. The praposer is a�BE and wiil meet the goal by pertorming work with its own forc:es. 2. 'Che proposer will meet the goal through work perFormed by DBE subconsultants,suppliers or trucking companies. 3. The proposer, prior#o proposing, made adequate good faith efforts to rneet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, ma�aging, and super�ising the work with its own forces.7he DBE joint venture partner rnust share in the capital contribution, control, management, risks and profits of the joint�enture commensurate with�ts ownership interest. ADA Notiee For individuals with sensory disabilities,this document is available in alUemate fortnals. For infortnation,calt(91fi)445-1233, TTY 711,or write to Retords and Forms Management,112�N Street,M5�9,5acramento,CA 95814. STATE OF CALlFORNIA-DEPARTMENT OF TRANSPpRTATION Local Assistance Procedures Manual NOTICE TO PROPOSERS DBE INFORMATION EXHIBIT 10-1(NEUV 011201� Pa e 2 of 2 9 E. A�BE must perform a commercially useful#�anction pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element af the work and m�st carry out its responsibility by actually pertorming, managing and supervising the wvrk. F. The proposer shall list only one subconsultant far each portion of wark as defined in their proposal and all DBE subconsultants should be listed in the bid/cost propasal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim alf of the work in the Contract toward the DBE participaiion exoept that portion of the work to be perFormed by non-DBE subconsultants. 5. RESOURCES A. The CUCP database incl�des the certified DB�s from all certifying agencies participating in the CUCP. If you beiieve a firm is certified that cannot be located on the database, please contact the Caltrans 4ffice of Certification toll free nurrEber 1-866-810-634fi for assistance. B. Access the CUCP database from the bepartment of Transportation, Office af Business and Eoonomic Opportunity Web site at: htip:llwww,dot.ca.govlhqlbe�l. 1. Click on the link titled Disadvante ed Business Enter rise; 2. Click on Search#or a DBE Firm link; 3. Click on Access to the D8�Query Form located on the first line in the c:enter of the page. Searches can be performed by one or more criteria. Follow instructions an the screen. 6. MATERIALS OR SUPPLI�S PURCHASED FROM DBES CpUN7 TOWARDS THE DBE GOAL UNDER THE FQLLOWING CQNDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cnst of the materials or supplies.A DBE manufacturer is a firm that operates or maintains a#actory, ar establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character descnbed by the specifications. B. If the materials or supplies purchased from a DBE regular dealer,count 6D peroent of the cost of the materials or supplies.A DBE regular dealer is a firm that awns, operates or maintains a store,warehause,or other establishment in which the materials,supplies, articles or equipment of the general character described by the specificakions and required under the Contract are baught,kept in stock, and regufarly sald or leased to the public in the vsual course of business. To be a DBE regular dealer,the firm must be an established, regular business that engages,as its principal business and under its own name, in the purchase and sale or lease af the products in question.A person may be a DBE regular dealer in such bulk items as petroleum products,skeel,cement,gravel,stone or asphalt without owning,operating or maintaining a place of business pro�ided in this section. C. If the person both owns and operates distribu#ion equipment for the products,any supplementing of regular dealers'own distribution equipment shall be, by a long-term lease agreement and not an ad hoc orAgreement-by-Agreement basis. Packagers, brakers, manufacturers' representati�es, or other persans who arrange or expecEite transactions are not DSE regular dealers within the meaning of this sectian. D. Materials or supplies purchased from a �BE,which is neither a manufacturer nor a regular dealer,wil�be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery af materials or supplies required on the job site, provided the fees are reasonable and not excessi�e as compared with fees charged for similar services. ADA t�otice For individuals with sensory disabilities,this document is a�ailable in altemate fortnats. For informatipn,cal!(9�8)445-1233, TTY 711,or write to Records and Forms Management,�12U N Strtet,MS-89,Sacramento,CA 95814. • C�rY o� REDDING � . . 777 CYPRE55 AVENUE, RE�DING, CA 96001 � _ P.O. Box 496071, ReoaiN�, CA 980a9-6071 OFFICH QF TH�Cf7'Y CLERK PAMELA M]ZE,CITY CLERK SARAH SHEE7Z,ASSISi'ANT CITY CLERK 530.225.4447 530.225.4463 FAX October 12, 2017 Mr. Bob Morrison Morrison Structures, Inc. 1890 Park Marina Drive, Suite 104 Redding, CA 96001 SUBJECT: Consulting and Professional Services Agreement, C-7412 Dear Mr. Morrison: Enclosed is ane fully executed original of the above subject Agreement between the City of Redding and Morrison Structures, Inc. for the purpose of engineering services for the Sacramento Drive Bridge at Olney Creek Replacement Project. If yau have any questians regarding this matter, or if we can be of assistance, p�ease contact the Office af the City Clerk at{530} 225-4439. Sincerely, Q� � Anette Cates Executive Assistant Enclosure c: Corri Vandiver/Engineering Finance 1 TA � � � HARD Q ES RE ! ED"D�NOT E-MAIL FQ R�'VIEW TO CI'I'1'ATTORNEX 225-4050}&C11'Y CLERK[225-4D551 Agreements p Bonds 0 Contracts p Leases¢Escrow Instrucdons Q Deeds Q 5ecuri�es 0 ltesolutions p Or�i�tances Date: �0�117 From: Stephanie McCollum �''�`� -� `� '° �,. �� ° For Finance: De t. Name: Engineerin 225-451 i Dept# p � __,_ Phone: Jo6 Order# Corri Vandi�er 245-7120 Contract# Person most knowledgeabie: Phone: Tip CONTRACT INSURANCE REQUlREMENTS MET?lnsurance must be obtained, approved and entered by Risk befor�obfaining City srgnatu�(sJ. !f nof campleted, your confracfs will be held in the Clerk's Offrce. For help contact RrskLiability(c� ccamrona(a�ci.reddinp.ca.us. (530} 225-4387, ormrhoads(a�ci.reddinq.ca.us, (53D) 225-4385. DESCRIBE DQCUMENTS ATTACHED�y��p �' �� .U��'��G�f,�/�� 71��1r� -/�/3i�22 �. ��11 a DocumentTitie: COnSUltln and Professional Services Contract with FHWA Fundin --- Outside Party{ies):Morrison Structures, Inc. �S;-__� Project(What/where/why?): Sacramenta Drive Bridge at Oleny Creek Replac_ement Project �J _ �� iilSI1fG11(CE COUNC[L APPROVAL REQUIRED? No�YesQ IF YES,DATE OF MEETCNG: g/19/17 �r Was contract/agreement the result of an RFP or Bid?NoQ Yes� Bid Schedule#or RFP# [s the source of funding grant related? No�Yes� �n'�"�--- �-.�.�„ RE llEST FOR T ORNEY SERVICES �QR£QUIRED AttoCney Reviews Draft-All documents must be reviewed before btainin si natur s.When amendin ❑ a contract,attach a copy of ariginal contract and all prior amendrrtents.Do not e-mail documents unless specifically requested. � Approve As To FormA 'teer: draft has been approved hy attorney and outside par�ies'signatures have been obtained. Submit twa (2) originals. Use paperclips(0 staples)and put"Sign Here"tabs on all signature pages. � Prepare Cert�ficate of Aeceptance (easement&grant deeds) � Memo or additional info is attached. ❑ Other: ROUTING ❑ Return to: (Then route signed originals to Clerk's Office for attesting,transmitting&fili�g,etc.w/a transmittal form.) � P�1��^�7AQ�=°� Forward to City Clerk for necessary signatures and processing �e�'c�-��«!r.� ❑ �n�r ^ ^�+ Other(mailing/distribution instructians): �°"� � `� ��j7 . � ',"�� ' i P City Attorney Log#_��l,,_ _� " �� Logged out by: � � Rev s�»