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Home My WebLink About _ 4.11(c)--Award RFP No. 5709 Replace AC 2026 for Construction Mgmt Services GI �" Y C� F � � �- ' � ° � � i � CITY OF REDDING �� REPORT TO THE CITY COUNCIL MEETING DATE: September 1,2026 FROM: Michael Webb, Interim City ITEM NO. 4.11(c) Manager/Public Works Director ***APPROVED BY*** mwebb@cityofredding.org i��hawt �•� ,� �� r4y ��a�ca�,`L�ul�lic��'u�kh Ilicectc�r h`�b.•?€J�f� mwebb@cityofredding.org SUBJECT: 4.11(c)--Award Request for Proposal No. 5709, and Authorize Execution of Consulting and Professional Services Contract for Construction Management and Inspection Services for the Re lace AC Surfacin 2026 Pro'ect Recommendation Authorize and approve the following actions relative to Request for Proposals Schedule No. 5709, Construction Management and Inspection Services for the City of Redding Replace AC Surfacing 2026 Project: (1) Award to GHD, Inc.; (2) Autharize the Mayor to execute a Consulting and Professional Services Contract for a not-to-exceed fee of$252,000 with GHD, Inc., to provide Construction Management and Inspection Services; and (3) Authorize the City Manager, or designee, to approve contract amendments not-to-exceed $50,000. Fiscal Impact On May 19, 2026, the City Council (Council) adopted Resolution 2026-035 which included a proposed project list that indicated the City of Redding (City) will utilize Fiscal Year(FY) 2026- 27 Road Maintenance and Rehabilitation Account (RMRA) revenues funded by Senate Bi11 1, the Road Repair and Accountability Act of 2017, to pay for the Project pre-construction and construction activities. Additionally, on 1VIay 12, 2026, the City of Redding (City) sent the Shasta Regional Transportation Agency (SRTA) a Regional Surface Transportation Program (RSTP) Exchange Funds Project Nomination Form which lists the Project as the City's proposed use of the $1,933,177 allocated to the City in FY 2026-27. Report to Redding City Council August27,2026 Re: 4.11(c)--Award RFP No. 5709 Replace AC 2026 for Construction Mgmt Services Page 2 The remaining, existing funding for the Project, one of the City's primary annual pavement preservation projects, comes from prior year RMRA revenues received by the City's Streets Division, deposited into the City's Special Gas Tax fund, and reported on the Annual State Controller's Streets Expenditure Report. This remaining unexpended, prior-year funding for pre- construction is expected to be carried forward to the construction phase in this fiscal year, pending approval of administrative carryover requests pursuant to council policy 409. There is no General Fund impact to accepting the recommendation. Alternative Action The Council may choose not to award this contract, in which case, staff would be required to manage construction management and inspection. This would require either consultant services to be solicited for other capital work or a reduction in the City's Capital Program delivery. Background/Analysis The Replace AC Surfacing 2026 (project) incl�udes street surface preparation, approximately 8,462 tons of asphalt concrete, ADA ramps, traffic control, striping, pavement markings, pavement markers and all other work shown in the drawings and as required by the specifications at various locations and as directed by the Engineer. Construction activities are anticipated to commence in early to mid-September and given the current volume of capital projects currently and anticipated to be active this construction season, consultant services for contract administration of this project are needed. CONSULTANT SELECTION PROCESS In June 2026, a formal Request for Proposals (No. 5709), outlining the specific scope of work, was advertised. Proposals were required to include a scope of work and proposed fee. Proposals and fee sched�ules were received on July 20, 2026, from two firms. A review and selection panel were formed with members from the Public Warks Department. Based upon proposal review and experience, the panel ranked the firms as follows: FIRM P:ANK ' GHD, Inc. 1 PSOMAS 2 Proposals were evaluated based on their understanding of the scope of work, ability to meet the proposed schedule and maintain the project budget, experience and qualifications of the proposed staff, ability to work with City staff, project approach, familiarity with state and City procedures, and geographic location of the team. Applying this criteria to the proposals, the selection panel determined that GHD, Inc., was the best qualified �rm to provide the required serviees for this project. Report to Redding City Council August27,2026 Re: 4.11(c)--Award RFP No. 5709 Replace AC 2026 for Construction Mgmt Services Page 3 Following the evaluation and ranking, GHD, Tnc., proposed fees were opened, evaluated, and negotiated to include reasonable costs based on the scope of services as well as previous similar projects cost comparisons. The consultant fee is estimated and the contract will be for actual work performed. However, staff recommends the approval of an additional $50,000 in contingency reserve. Contingency funds may be necessary due to unforeseen project issues. If this reserve needs to be utilized, a contract amendment would be negotiated with the consultant and the contract would be modified with approval of the City Manager. A professional services agreement with GHD, Inc., has been approved as to form by the City Attorney's office and is attached. Environmental Review Consultant selection is not a project defined under California Environmental Quality Act, and no further action is required at this time. The consultant will provide design and technical study information necessary to ensure environmental compliance as the project progresses. Council Priority/City Manager Goals • This agenda item is a routine operational item. Attachments Replace AC Surfacing Location Map City of Redding Project Nomination for RSTP Funds from SRTA 2026 Resolution 2026-035 Consulting and Professional Services Agreement GHD draft . � � • � • - �'-_ `,�� /�_' �. � � �� ia � �� 1 � �I� �� ..� �" �� __�/j` � ;1 1��1i�i �/� . � :-.,, � . A�, I�� ,I� ..� •:i� �I� ��I ��.. ..� ♦ �: . �� I ��i ��I ►�►�� . „�. .�,�I�� i�� ,... �� i ,,,,,, ,,,,,,,,,,�,,,,,,,,. ��,, � ,�� .� � 1� �� . �I �`�116iuumnmi = ��'1��' � .� ��",•. � �� •� �1 � �,,��' �� ■� � ��/�� 1� � r— � ,� � S ; . .r , •, • - r►�►1�►►��1��II��►�i � ■ � � �� . �� ! � ,, ■ � �`' •�� . � � ` � � � 1..._ ��. :;, <� =�� ----..: ---._....,,,_��,`� �i 1 �� 1 .��.�!11 �, , � ''� �,� �■= �,:��r � � � ��i -��■�►. ��1►� �i � � !�I�: :��11►�i��►i'IIi� - � � ■■. .► �� i� __� '� �IL'11�i ••. ••'► �. .► /■ - „ -- �►��►r��1 ,.■ �I�II�II�II�IIIII�IIII�j� � � ■ - � e��►I��;\ :� � �I�I�IIIIIIIL��■,,,�,� :- :: ; ��f ��•�`►...: .'rl�i��111�i :� �� ; ,�� ■■■i�■ ..� • � s ►� �1/��I�II �� C� ; � �-_'�� Ci:i�.�rl�,�/��11�1 �.: �� , . ■ � �� . .r.i�l:ll�� -. .- ��1�'i : �� :" ' � �= " �li� �,�1=��►_.. :1�� IIIIII�.: :IIII�.�� . . , . . . . • . . . � ■ . . . � �, ' • 1 . ��, � • �, . , ,�.. � , � , , . . :�� €�'��L suR��c�r��sP��r��ri�� t�s-r�� xcH�� v��s PI�CDJECT NON111�A�T1+D1� Ff�R To: Shasta Regionai Transpartati�n Agency(SR7A) Fram: City af ftedding {�lame of Ftequesting Jurisdictian) Project Title*: Replace AC 5urfacing 2026 Total Project Cost Estimate: $2,952,91(7 �'otal Requested RSTF Exchange �unds Amount: $1,933,177 Fisca!Year(s) in Which Funds are to be Expended; FY 2Q26-2027 Stre2t surface preparation, approximately 8,5(1t7+tons af asphalt concrete, PrOj�Ct D�SCr'iption�r1d Purpi�s�: qpq�-�mps,traffit control,striping, pavement marking,pavement markers along road section as shown in the drawings and as required by the specifications at various locations in the City. Map, na Larger than 8-1J2 x 11, as Appticable: Attaeh to this nomination farm. Th� attached page includes affirmation statements. You may use the same statement for rnu<Itiple projects, if similar. Please ensure to crass-reference the project(s)within your statement, The sub-recipient cooperative agreement far the reimbursement of exper�ded RSTP exchange funds wiJl inciude a ,provision for administratively modifying pr+�j�cts, as needed. Wholesale revisians to projects that significantly chan�e the scopes of the arigirral projects, hc�wever, will nat be accepted withaut;documentation of public r�view and acc€ptance, and wiil b� likely returned to the SRTA Board of Directc�rs for approval. � ' �{� , Submitted by; ' ��'x Date ,�.�.n��«�� 7 Michael Webb Tit1e : airectar of Publi�Warks * Be specific; If a maintenance project, then out�ine the streets/roads name and what is being done, in order to match reimbursement requests ta approved projects. SR7A,R5TP Exchange Funds Project Nominatian Form: FY2025/26 d� >� � F�EGICD�1Sil. SlJR�l�lCE T�ANSPC��f7ATItJN PROC�Ft��i1 {RSYPj E�(�i�1Ai�GE FURtCiS RRC2JEC1'I�C� IP1�A1`fOt� F�Di� (Cantinued} Jurisdictic>n. ��ty of Redding Contact IndividuaJ: �rendan Carr Phone Number: (530) 245-?159 Emaii: b�arr@cityofredding,gc�v 2. Stateme�t attesting a good faith effort was made to involve all interested parties and public eamment uvas invited and considered. The project is part of the City Qf Redding Biennial b�dget v,�hich was discussed at City Ct�uncil Budget Workshop Public Nl�etings. On May 20, 2025, the Redding City Cauncil held a Speciai Meeting to c�nsider, and incorporate input on, the FY 2�26=27 Streets bu�lget dev�lt�pment. 2, Statement �ttesting that the propc�sed project is con�istenC with �dopted plans and progr�ms and cr�nft�rms with the Shasta 2t322 Regiona! Transpc�rtation Pl�n. Please cite applicable page(s). The project is consistent with adopted plans and prograrns.This prQject also helps achieve several gc�als of the Shasta 2022 Regional Tr�nsportation Plan by keepong "people and freight maving safely, effici�ntly, and effectively,"' irnproving"the reii�bility, s�fety, efficiency, and resiliency of regionally significant roadw�ys,"' and optimizing".. regionally significant r�aadways to prol�ng functionality and maximize return on investment". {'Page 51} SRTA RSTP Exchange Funds Project Norr�ination�orm. FY 2025/26 RESOLUTION NO. 202G-035 A RESOrLUTIOI�T OF THE CITY t?F REDIDING ADUPTING THE LIST ()F PR{�JE+CT� F C►lt F I S C A]L Y E A R 2 02 6-2 7 FUNDED BY SB 1: THE ROAI) REPAIR ACCt?UNTABILITY ACT(?F 2017 WHEREAS, Senate Bill 1 {SB 1), the Road Repair and Aceauntability Act c�f�(317 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed inta law by the Govemor in April 2017 in order to address the significant multi-modal transportation funding shartfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Redding {City) are aware of the projects p�aposed for funding ir� our comrnunity and which projects have been cornpleted each fiscal year; and WHEREAS, the City must include a list of all projects (Attachment A) proposed to receive funding from the Road Maintenance and Rehabilitation Account {RMRA), created by SB 1, in the Gity budget, which must include a description and the location of each proposed project, a propased schedule for fihe prc�ject's completion, and the estimate� useful life af the improvement, and WHEI2EAS, the �iiy will receive an estimated $2,b30,375 in RIVIRA funding in Fiscal Year 2026-27 frc�m SB 1;and WHE12EA5,this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road tnaintenance and rehabilitation projects, safety improvements, increasing access and inobility options for the traveling public that wauld not have atherwise been possible without SB1; and WHEi�EAS,the City has undergone a public process ta ensure public input into aur community's project list; and WHEREAS, the City used a Pavement Management Systern tt� develop portions of the SB 1 project list to ensure revenues are being used on the mast high-priarity and cost-effective projects that also meet the carnmunity's priarities for transpartation investment�and WHEREAS, the funding from SB 1 will h�lp the City maintain and rehabilitate streets and roads and add active transpartation infrastructure throughout the City this year and numerous similar projects into the future, and WHEREAS, the SB l project list and overall investment in our local streets and raads infrastructure with a focus Qn basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technolagy, materials and practices, will have significant positive ca-benefits statewide, NUW THE FO , BE IT RESOLVED THAT the City Couneil of Redding, Gounty of Shasta, State of California, accepts the proposed projects whlch will utilize Fiscal Year 2026- 27 Road Maintenance and Rehabilitation revenues in their delivery. With the listing of these projects in the adapted �iscal year resolution, the City is reaffirming ta the public �nd the State our intent to fund these projects {Attachment A) with Road Maintenance and Rehabilitation Accc�unt revenues funded by SB 1, the Road Maintenance and Rehabilitation Account for Fiscal Year 2026-27. I HEREBY CERTIFY that the foregaing resolution was introduced at a regular meeting of the City Council of the City of Redding an the 19th day of May, 2026, and was duly adopted at said rneeting by the following vote: AYES: COUN�II.ME ERS:-Audette,Dr.Dhanaka,Munns,Resner,and L'attau NQESc �C'QUNCIL ME ERSc - I�1one ABSENT� �OUNCIL ME ERSs - Nvne ABSTAIN: C+QUNCIL MEMF3ERS�- None �.��`'t�� ;��.:�� MIKE,Z,ITTAu,Mayor ATTEST. FO APPROVED: � ��` � ' �� ;�` �' a ,� � `�w.. �''�,�' �,� � ."��-;�' .3`�� '� {f,��'SHA ENE TIPTQN, �ity Clerk SENJA N L. 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Ci€d�ituras Rd antl alang� � �and {k3,,.G27 �p�.r�Q27 ?aventenE R�h�al�YRepaer QExist#r�g},P3u�ng�r�d�os`� Mfstt�tae Enfronr H,1liesp��rE�r �GonsinicCto�i �tnpAngR�h�q7R�p;�ir(Existxng��afei�+l Pr�#in�lntw��+ ��CfSusn Crac�;€2�i Cresagn�,�PralectSco�EfevelApnqent n�5�ht.ot.R�':a�Y, Side.vatk�,andtar Crasses�a4k f2eh32�lRePatr(Er,tst�i��.�.. � � �r � � -�=' �IT`�' F I -- "`�" 777 �y°�ress r�v�nu�„ ��dd'irig, �r� '�6��1 . . . ...,� J' PC� �C�X 4��7�, �eddin�, CA �6�4�-6071 � �: - '..,�. ��tyt�fr+� ir� .c�r'� ;��_ � ��w�tir,.. r�� PUBLIG WORKS ENGWEERING DIVISION 530.225.4 T 70 �so.z45.7oz4 August 18, 2026 Jeff Bline GHD, Inc. 330 Hartnell Avenue, Suite B Redding, CA 96002 Subject: Construction Services Contract Dear Jeff Bline: We have completed our review of your proposal for the Replace AC Surfacing 2026 Project. Attached are the contract documents for your review. Please review and sign the Construction Services Contract, then return two (2) signed copies to me at your earliest convenience. The City of Redding has an online insurance program, PINS Advantage, all Consultants providing insurance to the City of Redding will be notified via email from this program to register and upload all insurance required according to the contract.When you receive the email from PINS Advantage,please forward immediately to your insurance carrier.Ifyou need any assistance or have � � any questions regarding this program please contact Pam Dahl in Risk Management at 530-225-43 85 or email pdahl@cityofredding.org. . � Please return the signed contracts in accordance with the agreement.A fully executed contract will � � be mailed back to you. If you have any questions or comments,please contact me at (530) 225-4450. � � � � Sincerely, Misty Kufner � � � Contract Compliance �� CITY OF REDDING CONSULTING AND PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made at Redding, California,by and between the City of Redding("City"), a municipal corporation, and GHD, Inc. ("Consultant") for the purpose of Construction Management Services for Replace AC Surfacing 2026. WHEREAS, City does not have sufficient personnel to perform the services required herein thereby necessitating this Contract for personal services. NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows: SECTION 1. CONSULTANT SERVICES Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A,attached and incorporated herein. Consultant shall provide the services at the time,place and in the manner specified in E�ibit A. SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit:B, attached and incorporated herein, in a total amount not to exceed two hundred fifty two thousand and no/100($252,000.00). This sum includes all out-of-pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract. B. Consultant shall submit monthly invoices to City for work completed to the date of the invoice. All invoices shall be itemized to reflect the employees performing the requested tasks, the billing rate for each employee and the hours worked. C. All correct,complete and undisputed invoices sent by Consultant to City sha11 be paid within thirty(30) calendar days of receipt. D. Pursuant to Section 1781 of the Labor Code, Consultant is advised that the work contemplated in this contract (Exhibit A) is subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Consultant shall comply with all laws related to the performance of public work including,but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates PRN;VWAGti':-Consultiog and Professiooal Se�vices Cootract PClg�i 1 Rev.08/23 pursuant to Sections 1813 and 1815of the Labor Code and the obligation set forth in Section 1'7'74-1776 of the Labor Code in regards to payment of prevailing wages and to provide the City of Redding and Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City of Redding along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment. E. No Consultant or subconsultant may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1'725.5. N�o Consultant or subconsultant may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Consultants and subconsultants must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Consultant is further advised that the work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations. SECTION 3. TERM AND TERMINATION A. Consultant shall commence work on or about August 19, 2026, and complete said work no later than August 31, 202'7. Time is of the essence. B. If Consultant fails to perform its duties to the satisfaction of City, or if consultant fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract effective immediately upon City giving written notice thereof to Consultant. C. Either Party may terminate this Contract without cause on thirty (30) calendar days' written notice. Notwithstanding the preceding, if the term set forth in Section 3.A. of this Contract exceeds ninety (90) calendar days in duration, Consultant's sole right to terminate shall be limited to termination for cause. D. Consultant hereby acknowledges and agrees that the obligation of City to pay under this Contract is contingent upon the availability of City's funds which are appropriated or allocated by the City Council. Should the funding for the project and/or work set forth herein not be appropriated or allocated by the City Council, City may terminate this Agreement by furnishing at least thirty (30) calendar days' written notice of its intention to terminate. In the event of a termination pursuant to this subdivision, Consultant shall not be entitled to a remedy of acceleration of payments due over the term of this Agreement. The Parties acknowledge and agree that the power to terminate described herein is required by Article 16, Section 18, of the California Constitution, and that constitutional provision supersedes any law, rule,regulation or statute which conflicts with the provisions of this Section. PRN;VWAGti':-Consultiog and Professiooal Se�vices Cootract PClg�i G Rev.08/23 E. In the event that City gives notice of termination, Consultant shall promptly provide to City any and all finished and unfinished reports, data, studies,photographs, charts or other work product prepared by Consultant pursuant to this Contract. City shall have full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product. F. In the event that City terminates the Contract, City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant shall, not later than ten (10) calendar days after termination of this Contract by City, furnish to City such financial information as in the judgment of the City's representative is necessary to determine the reasonable value of the services rendered by Consultant. G. 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. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. City shall make its facilities accessible to Consultant as required for Consultant's performance of its services under this Contract, and, upon request of Consultant, provide labor and safety equipment as required by Consultant for such access. B. Pursuant to the City's business license ordinance, Consultant shall obtain a City business license prior to commencing work. C. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Consultant 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 required for Consultant to practice its profession. D. Consultant shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship,trust or partnership or to allow City to exercise discretion or control over the professional manner in which Consultant performs under this Contract. Any and all taxes imposed on Consultant's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant shall be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City's workers' compensation insurance plan,benefits PRN;VWAGti':-Consultiog and Professiooal Scrvices Cootract PClg�i 3 Rev.08/23 under the Public Employee Retirement System or be eligible for any other City benefit. E. No provision of this Contract is intended to,or shall be for the benefit of,or construed to create rights in, or grant remedies to, any person or entity not a party hereto. F. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its 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 that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Consultant shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City's Risk Manager shall determine to be necessary. G. Consultant, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. H. Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City. Consultant shall retain such records for three (3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City. I. Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Consultant's profession. All products of whatsoever nature which Consultant delivers to City pursuant to 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 subcontractors assigned to perform the services contemplated by this Contract. J. All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Consultant in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other materials provided by Consultant. City shall release, defend, indemnify and hold harmless Consultant from all claims, costs, expenses, damage or liability arising out of or resulting from City's use or PRN;VWAGti':-Consultiog and Professiooal Services Cootract PClg�i 4 Rev.08/23 modification of any reports, data, documents, drawings, specifications or other work product prepared by Consultant,except for use by City on those portions of the City's project for which such items were prepared. K. Consultant, including its employees, agents, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and 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 economic interest, and 2) if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk. SECTTON 5. INSURANCE A. Unless modified in writing by City's :Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract: Covera�e Required Not Required Commercial General Liability X Comprehensive Vehicle Liability X Workers' Compensation and Employers' Liability X Professional Liability(Errors and Omissions) X (Place an"x"in the appropriate box) B. Coverage shall be at least as broad as: 1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than$1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; 2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, 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 not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers; PRN;VWAGti':-Consultiog and Professiooal Se�vices Cootract PClg�i 5 Rev.08/23 4. Professional Liability (Errors and Omissions) Insurance, appropriate to Consultant's profession, against loss due to error or omission or malpractice in an amount not less than $1,000,000. 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 eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. D. The General Liability shall contain or be endorsed to contain the following provisions: 1. City,its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or 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 shall be primary insurance as respects City,its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City,its elected officials,officers,employees, agents and volunteers, shall be in excess of Consultant's insurance and shall not contribute with it. 3. Coverage shall state that the insurance of Consultant shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City. E. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A-VII. F. Consultant shall designate the City of Redding, 777 Cypress Avenue, Redding, CA 96001 as a Certificate Holder of the insurance. Consultant shall furnish City with PRN;VWAGti':-Consultiog and Professiooal Scrvices Cootract PClg�i 6 Rev.08/23 certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be submitted electronically via the PINS Advantage system. A link will be provided for the Consultant, or their insurance agent, to enter and upload documents directly to PIN�S Advantage. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behal£ All endorsements are to be received and approved in PINS Advantage by the City's Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and endorsements required have not been submitted as described above or provided in a timely manner. . G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation,provisions concerning indemnification. H. If any policy of insurance required by this Section is a"claims made"policy,pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Consultant shall keep said insurance in effect for a period of eighteen(18)months after the termination of this Contract. L If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Consultant shall immediately notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3) calendar days after the event, Consultant shall submit a written report to City's Risk Manager containing the following information, as applicable: 1)name and address of injured 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 involved. SECTTON 6. INDEMNIFICATION AND HOLD HARMLESS A. Consistent with California Civil Code § 2782.8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2'782.8, Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. PRN;VWAGti':-Consultiog and Professiooal Services Cootract PClg�i / Rev.08/23 B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision(A) of this Section, and to the fullest extent permitted by law,Consultant shall indemnify protect,defend and 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 legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. C. The Consultant's obligation to defend, indemnify and hold harmless shall not be excused because of the Consultant's inability to evaluate liability. The Consultant shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Consultant fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City,whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Consultant herein. D. The obligation to indemnify, protect, defend, and hold harmless set 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 not act as a limitation upon the amount of indemnification to be provided by Contractor. E. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section. SECTION 7. CONTRACT INTERPRETATION VENUE AND ATTORNEY FEES A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees. PRN;VWAGti':-Consultiog and Professiooal Se�vices Cootract PClg�i O Rev.08/23 B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement 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 covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence. D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law. E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any parry of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other 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 consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this 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 principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply. G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. PRN;VWAGti':-Consultiog and Professiooal Se�vices Cootract PClg�i 9 Rev.08/23 H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Consultant. SECTION 8. SURVIVAL The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive termination of the Contract. SECTTON 9. COMPLIANCE WI�TH LAWS -NONDISCRIMINATION A. Consultant shall comply with all applicable laws, ordinances and codes of federal, state and local governments. B. In the performance of this Contract, Consultant shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin,religious creed, sex, sexual orientation, disability, age,marital status,political affiliation, or membership or nonmembership in any organization. Consultant shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry,national origin,religious creed, sex, sexual orientation, disability, age,marital status,political affiliation, or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. SECTION 10. REPRESENTATIVES A. City's representative for this Contract is Nick Visconti, email nvzs�vr�t��-cit��i�ddir��.�,�c�v,telephone number(530)225-4582.All of Consultant's questions pertaining to this Contract shall be referred to the above-named person, or to the representative's designee. B. Consultant's representative for this Contract is JeffBline, email '�fj f,bl�r��C�,�c��, telephone number(530) 567-0755. All of City's questions pertaining to this Contract shall be referred to the above-named person. C. The representatives set forth herein shall have authority to give all notices required herein. PRN;V WAGti':-Consultiog and Professiooal Se�vices Cootract P(�gei 1� Rev.08/23 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 10) 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: Nick Visconti, Construction Manager Jeff Bline P.E. Engineering Divison GHD, Inc. 777 Cypress Avenue 330 Hartnell Avenue, Suite B Redding, CA 96001 Redding, CA 96002 B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section. C. Notice shall be deemed effective upon: 1)personal service;2)two calendar days after mailing or transmission by facsimile, whichever is earlier. SECTION 12. AUTHORITY TO CONTRACT A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been 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 and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the scope of the services provided herein. SECTTON 13. DATE OF CONTRACT The date of this Contract shall be the date it is signed by City. PRN;V WAGti':-Consultiog and Professiooal Se�vices Cootract P(�gei 1 1 Rev.08/23 IN WITNESS WHEREOF,City and Consultant have executed this Contract on the days and year set forth below: CTTY OF REDDI�NG, A Municipal Corporation Dated: , 20 By: MIKE LITTAU,MAYOR ATTEST: APPROVED AS TO FORM: BENJAMTN STOCK Interim City Attorney SHARLENE TIPTON, City Clerk By: CONSULTANT GHD,Inc. Dated: , 20 By: Department of Industrial Relations No.: Tax ID No.: PRN;V WAGti':-Consultiog and Professiooal Se�vices Cootract P(�gei 1 G Rev.08/23