Agenda Item B.8
CPMS DISCUSSION/ACTION ITEM
Meeting Date: August 16, 2022
____________________________________________________________ TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Debbie Talarico, Project Manager
SUBJECT: Award of Construction Contract for the 2022-2023 Pavement Rehabilitation Project
RECOMMENDATIONS:
A. Authorize the City Manager to execute a Construction Contract with Granite Construction Company, Inc. for the 2022-2023 Pavement Rehabilitation Project in the not-to-exceed amount of $4,550,000, subject to the requirements of the contract documents;
B. Authorize the City Manager to approve contract contingency for the 2022-2023 Pavement Rehabilitation Project, if necessary, in an amount not-to-exceed $910,000; C. Award and authorize the City Manager to execute a Professiona l Design Services Agreement with Cannon Corporation in an amount not-to-exceed $45 0,000 for Construction Management and Inspection services with a terminat ion date of December 31, 2023; and
D. Authorize an additional budget appropriation of $2,200,000 from the General Fund Street Maintenance Reserve Account the Pavement Rehabilitation Maintenance Account 101-5800-51073.
BACKGROUND:
The City of Goleta owns approximately 85 centerline miles of roadways, which consist of paved surfaces primarily for vehicular traffic including cars, bicycles, buses and trucks.
Pedestrians also use portions of the paved surfaces at intersec tions and when traveling along roadways without sidewalks. Roadways also consist of medi ans, curb, gutter and sidewalk, landscaped areas and traffic control devices such as traffic signs and signals.
The City of Goleta’s paved roadway surface, typically asphalt c oncrete, has a replacement value of $221 million, making just the pavement its elf the most valuable asset the City owns. To maintain this asset, the City uses a Pa vement Management Program (PMP). The PMP consists of tracking the condition of the pavement and, based on the condition, developing periodic pavement maintenance acti vities and projects. 1 Meeting Date: August 16, 2022
Pavement maintenance ranges from pothole repair and crack seali ng to slurry seals, overlays and reconstructions.
The PMP is also a critical planning tool to assist staff in est ablishing a list of priority roadways to be included in the City’s annual pavement rehabilitation projects. In addition to the PMP recommendations, the paving priority list is develop ed based on public input and staff’s experience and understanding of the roadway network. In March 2022, Public Works staff presented a proposed paving priority list to City Council. At that meeting City Council approved the paving priority list and directed staff to proceed with design for the 2022-2023 Pavement Rehabilitation Project based on the paving priority list.
DISCUSSION:
The City constructs an Annual Pavement Rehabilitation Project a s part of the PMP and to effectively maintain the City’s entire roadway network. Public Works, in collaboration with the paving design consultant Pavement Engineering, Inc. (P EI), completed design for the project and on June 7, 2022, City Council approved the project plans and specifications and authorized staff to advertise the project for construction bids. The plans and specifications included priority roadway segments for the Bas e Bid and also additional roadway segments included as bid additive Alternates that could be added pending bid amounts received and available budget. The roadway segments for the Base Bid and Bid Alternates are shown in the Project Location Map (Attachment 1) and also shown in Table 1 below:
Table 1
Alternate Location
Base Bid
Cannon Green Neighborhood, consisting of Cannon Green Drive (Phelps Road to Hollister Avenue), Chapman Place (Cannon Green Drive to End), Davenport Road (West End Cul
-De-Sac to
East End Cul-De-Sac), Elmhurst Place (West End Cul-De-Sac to East End Cul-De-Sac), Freeman Place (West End Cul-De-Sac to East End Cul-De-Sac), Greensboro Street (East End Cul-De-Sac to Cannon Green Drive), and Hillsboro Street (Cannon Green Drive to East End Cul-De-Sac), Hillsboro Way (Hillsboro Street to Cul-De-Sac), Lowell Way (Hollister Avenue to Lowell Way), Lowell Way (West End Cul-De-Sac to East End Cul-De-Sac); Los Carneros Way (Calle Real to Cathedral Oaks Road); and Storke Road (Bollay Drive to Hollister Avenue);
Alternate A
Covington Neighborhood consisting of Camino Caseta, Caseta Way, Camino Laguna Vista, Camino Talavera, Camino
Venturoso, Camino Viviente, Caroldale Lane, Covington Way Alternate B Padova Drive (Salisbury Avenue to San Rossano Drive) Alternate C Padova Drive (Alpine Drive to Alameda Avenue) Alternate D Armstrong Road (Reed Court to Mills Way)
Alternate E Hollister Avenue (West End to Cathedral Oaks Blvd) Alternate F Newport Drive, Palos Verdes Drive
2 Meeting Date: August 16, 2022
Alternate G Phelps Road (Pacific Oaks Road to Storke Road) Alternate H Phelps Road (Storke Road to East End)
Alternate I Cathedral Oaks Blvd (Evergreen Drive to Alameda Avenue) Alternate J Tree Root Repairs – Various Streets
Alternate K Storke Road (Hollister Avenue to US 101)
Bidding
The Public Works Department solicited competitive bids for the 2022-2023 Pavement Rehabilitation Project in the Santa Barbara Independent on June 16, 2022, and June 23, 2022. Public Works staff also posted the contract documents on the City’s website and the City’s PlanetBids portal. Four addenda were issued; No. 1 for this project to replace two-sack slurry with hot mix, No. 2 to extend the bid period by one week and to determine lowest responsive bidder based on Bid plus Alternate ‘A,’ No. 3 to address anticipated changes in asphalt pricing by allowing Payment Adjustments for Price Index Fluctuations per 2018 Caltrans Standard Specifications, with the exception of the Opt Out of Payment Adjustments option, and No. 4 to add additional information to the Appendices. The bids were opened virtually via PlanetBids on July 7, 2022. The City received a total of three (3) bids. A summary of the bids and the engineer’s estimate are shown in Table 2 below.
Table 2
Contractor City
Basis of Award
(Base Bid +
Alternate ‘A’)
Amount
Total Bid
Amount
Granite Construction
Company, Inc.
Santa Barbara $2,879,875.00 $9,748,719.00
Toro Enterprises, Inc. Oxnard $3,133,334.10 $9,013,132.93 Rasmussen, Inc. Valencia $3,483,803.00 $9,812,964.71
Engineer’s Estimate $2,496,617.51 $6,938,761.37
The apparent low bidder based on the Base Bidplus Alternate ‘A’ is Granite Construction Company, Inc. (Granite). The project was bid including Bid Alternate roadway segments.
The Base Bid plus Alternate ‘A’ roadway segments must be awarded; however, Council has the option to appropriate additional funding for more Alternate roadway segments to be added to the construction contract in any order. The summary of the Base Bid and Bid Alternates are identified in Table 3 below:
Table 3
Bid Summary for Granite Construction, Inc. Engineer’s Estimate Base Bid $ 1,584,322.00 $1,232,142.00
Bid Alternate A $ 1,295,553.00 $1,264,475.51
Bid Alternate B $ 745,195.00 $ 411,499.45
Bid Alternate C $ 715,823.00 $ 349,122.24
Bid Alternate D $ 686,434.00 $ 375,580.73
3 Meeting Date: August 16, 2022
Bid Alternate E $ 372,317.00 $ 162,702.54
Bid Alternate F $ 553,512.00 $ 312,200.92
Bid Alternate G $1,180,792.00 $ 824,573.90
Bid Alternate H $ 588,463.00 $ 307,364.16
Bid Alternate I $1,646,699.00 $1,454,613.69
Bid Alternate J $ 101,670.00 $ 19,825.05
Bid Alternate K $ 277,939.00 $ 244,661.20
TOTAL $9,748,719.00 $6,958,761.39
The overall bid results received are 30% to 40% higher than the engineer’s estimate which is in line with the inflationary cost increases and difficulties with supply chain delivery of some materials recently seen in construction. The analysis of the bid results shows that Granite’s bid for the Base Bid plus Alternate ‘A’ (the basis of award) is within 15% of the engineer’s estimate. Unfortunately, each of their bids for the subsequent alternates were higher than the engineer’s estimate, 32-55%, except for Alternate I (Cathedral Oaks from Evergreen Drive to Alameda Avenue) which was 13% over the engineer’s estimate.
Efforts were made to anticipate the increased costs and control the inflation impacts by adding the oil price index adjustment used by Caltrans on large projects that extend over several years. The index takes the uncertainty out of the materials using oil. The oil price index is adjusted monthly and reflects directly to the price that the City pays for the asphalt placed during that month. If the index goes down, then the City pays less. If the index goes up, then the City pays more. The advantage during bidding i s that the contractor feels protected and a more level bid pricing is obtained.
It should also be noted that ba lancing the selection of which, if any, of the alternates to award must be weighed against the impact of the overall pavemen t deterioration throughout the City. The 2019 Pavement Management Report showed that the City would need to invest $5.8 million per yearin order to achieve the City’s Pavement Condition Index (PCI) goal of Arterials 70, Collectors 67 and Residential 65. The priority lists were selected and designed to accomplish this goal. Last year’s project raised the City’s overall PCI from 58 to 60. It is anticipated that if all alternates are selected each year, the PCI will continue to improve. If all alternates are not selected, t hen the citywide PCI will be impacted, and it will be more difficult to achieve andmaintain the City’s goal.Public Works recommends a future budget of $7-8 million to address maintenanc e backlog that includes roadway surfaces in need of reconstruction.
Based on current available budget, Public Works is recommending City Council award the Base Bid, Alternate‘A,’ and Alternate ‘I’ to Granite. Public Works staff have reviewed the bid and all associated forms, investigated the contractor, and have determined Granite to be responsive to the bid solicitation. The Public Works Department does not have reservations about the contractor’s ability to perform the advertised work.Therefore, Public Works recommends that City Council find the bid from Gra nite to be the lowest responsive bid and award a construction contract for the 2022-2 023 Pavement Rehabilitation ProjectBase Bid, Alternate ‘A,’ and Alternate ‘I’ to Granite in a not-to- exceed amount of $4,550,000 (Attachment 2). Public Works is also requesting that the City Manager be given authority to approve contract change orders up to $910,000 above the bid price.
4 Meeting Date: August 16, 2022
Construction Management
Public Works staff selected Cannon Corporation to provide constr uction management services for the project. Cannon was selected from the City’s pre -authorized qualified consultant list that was established through a Request for Qual ifications (RFQ) process and approved by City Council on December 3, 2019. Staff have ne gotiated a scope of work for the proposed project construction management services and Cannon is qualified to perform the work. Therefore, Public Works staff is recommending City Council award and authorize the City Manager to execute a professional servic es agreement with Cannon Corporation in a not-to-exceed amount of $450,000 (Attachment 3).
FISCAL IMPACTS:
The total construction cost for the 2022-2023 Pavement Rehabilita tion Project is approximately $7 million, based on a Base Bid, Alternate‘A,’ and Alternate ‘I’ amount of $4,550,000, plus 20% Contract Change Order (CCO) authority, con struction management, and project management services during construction as shown in Table
4. Project Cost Estimates
Table 4
Project Components Estimated
Costs Funding Source Funding
Amounts
Staff $150,000 General Fund (101) $3,259,865
Project Management $165,200 Gas Tax (201) $1,483,007
Design (Consultant) $650,000 RMRA (203) $1,238,000
Construction $4,550,000 Measure A (205) $580,990
LSTP (306) $368,339
Construction
Contingency/CCO $910,000
CM (Consultant) $450,000
Project Management
(Construction) $55,000
Total: $6,930,200 Total: $6,930,200
Project Funding
The FY 2022-2023 budget for the 2022-2023 Pavement Rehabilitation Project for construction funds is approximately $7 million available in General Fund, Gas Tax, SB1 Road Maintenance and Rehabilitation Account (RMRA), Local Surfa ce Transportation Program (LSTP), and Measure A funding.
5 Meeting Date: August 16, 2022
During the FY 22/23 Mid-Cycle Budget Adoption, City Council authorized $2.2 million to be set aside for Street Maintenance from the General Fund’s Unassigned Fund Balance, leaving a balance of $1.6 million. Staff recommends appropriati ng the $2.2 million from the General Fund Street Maintenance Reserves to account 101-50- 5800-51073 to help support this year’s pavement project. The estimated FY 22/23 General Fund Unassigned Fund Balance of $1.6 million will be updated once the FY 21/22 year-end is closed. Staff will have updated projections by September 20th, during the 4th Quarter Financial Review (Unaudited).
Based on the bids received the City would only be able to award the Base Bid, Alternate ‘A,’ and Alternate ‘I’ roadway segments. Additional funding would be necessary to award any additional Bid Alternates roadway segments. Council has the option to appropriate additional funding for more Alternate roadway segments to be ad ded to the construction contract in any order.
Table 5 below summarizes the estimated FY 21/22 year-end available budget that will be available for carryover into FY 22/23. Table 6 summarizes the t otal available budget for the 2022-2023 Pavement Rehabilitation Project when including FY 2 1/22 carryover budget, the FY 22/23 adopted budget and appropriating $2.2 million from street reserves:
Table 5 FY 21/22 Budget
Project: 2022-2023 Pavement Rehabilitation Project
Account Fund Type FY 2021-22
Budget
Encumbrances/
Activity
Total
Remaining
101-50-5800-51073 General Fund $4,900,017 $4,570,152 $329,865 201-50-5800-51073 Gas Tax $2,929,227 $2,191,820 $737,407 203-50-5800-51073 RMRA $1,717,000 $1,097,999 $619,001
205-50-5800-51073 Measure A $840,180 $559,190 $280,990
306-50-5800-51062 LSTP $483,992 $234,770 $249,222
Total $10,870,416 $8,653,932 $2,216,484
Table 6 FY 21/22 Available Budget, plus FY 22/23 Adopted Budget and Street Reserves
Project: 2022-2023 Pavement Rehabilitation Project
Account Fund Type
FY 21/22
Available
Budget
FY 22/23
Proposed
Budget
FY 22/23
Street
Reserves
Total
Available
Budget
101-50-5800-51073 General Fund $329,865 $730,000 $2,200,000 $3,259,865 201-50-5800-51073 Gas Tax $737,407 $745,600 $1,483,007
203-50-5800-51073 RMRA $619,001 $619,000 $1,238,000
205-50-5800-51073 Measure A $280,990 $300,000 $580,990
306-50-5800-51062 LSTP $249,222 $119,117 $368,339
Total $2,216,484 $2,513,717 $2,200,000 $6,930,200
6 Meeting Date: August 16, 2022
Staff is currently in process in closing out FY 21/22 and final izing carryover budget amounts for the pavement program and other one-time special projects and CIP projects that are eligible for carryover. The final carryover budget will be reported in the First Quarter - Quarterly Financial Review Report.
ALTERNATIVES:
The City Council may elect to reject all bids and direct staff to re-bid the project. Doing so would delay the construction of the project and may result in higher bid costs. City Council may also elect to award the Base Bid, Alternate ‘A,’ and Alternate ‘I’and any or none of the Bid Alternates.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager ATTACHMENTS:
1. 2022-2023 Pavement Rehabilitation Project Location Map
2. Construction Contract with Granite Construction Company, Inc.
3. Agreement for Professional Construction Management and Inspect ion Services between the City of Goleta and Cannon Corporation.
7 ATTACHMENT 1
2022-2023 Pavement Rehabilitation Project Location Map
8 CANNON GREENNEIGHBORHOOD
LOS CANEROS ROADCOVINGTONNEIGHBORHOODPADOVA DRIVEPADOVA DRIVEHOLLISTERAVENUE
ARMSTRONG ROADNEWPORT DRIVENEIGHBORHOODPHELPS ROADPHELPS ROAD
CATHEDRAL OAKS ROADSTORKE ROADSTORKE ROAD
B CAEF GH
I
K
D
Base BidBid Alternates
2022/2023 PAVEMENT REHABILITATION PROJECTBASE BID AND BID ALTERNATES AlternateLocationBase BidCannon Green Drive (Phelps Road to Hollister Avenue),Chapman Place (West End Cul-de-Sac to Cannon Green Drive),Davenport Road (West End Cul-de-Sac to East End),Elmhurst Place (West End Cul-de-Sac to East End Cul-de-Sac),Freeman Place (West End Cul-de-Sac to East End Cul-de-Sac),Greensboro Street (Cannon Green Drive to East End Cul-de-Sac),Hillsboro Street (Cannon Green Drive to East End Cul-de-Sac),Hillsboro Way (Hillsboro Street to North End Cul-de-Sac),Lowell Way (Hollister Avenue to Lowell Way),Lowell Way (West End Cul-de-Sac to East End Cul-de-Sac),Los Carneros Way (Calle Real to Cathedral Oaks Road),Storke Road (Bollay Drive to Hollister Avenue)Alternate ACamino Caseta (Covington Way to Camino Venturoso),Caseta Way (West End Cul-de-Sac to Covington Way),Camino Laguna Vista (Covington Way to Cathedral Oaks Road),Camino Talavera (West End Cul-de-Sac to Covington Way),Camino Talavera (North End Cul-de-Sac to Camino Talavera),Camino Venturoso (Covington Way to Covington Way),Camino Viviente (Caroldale Lane to North La Patera Lane),Caroldale Lane (Camino Laguna Vista to North La Patera Lane),Caroldale Place (North End Cul-de-Sac to Caroldale Lane),Covington Way (Los Caneros Road to North La Patera Lane),Covington Place (North End Cul-de-Sac to Covington Way) AlternateLocationAlternate BPadova Drive (Salisbury Avenue to San Rossano Drive)Alternate CPadova Drive (Alpine Drive to Alameda Avenue)Alternate DArmstrong Road (Reed Court to Mills Way)Alternate EHollister Avenue (West End to Cathedral Oaks Road)Alternate FNewport Drive (Palos Verdes Drive to Coronado Drive),Palos Verdes Drive (West End to East End Cul-de-Sac)Alternate GPhelps Road (Pacific Oaks Road to Storke Road)Alternate HPhelps Road (Storke Road to East End Cul-de-Sac)Alternate ICathedral Oaks Road (Evergreen Drive to Alameda Avenue)Alternate JTree Root Repairs - Various StreetsAlternate KStorke Road (Hollister Avenue to US 101)A ATTACHMENT 2
Construction Contract with Granite Construction Company, Inc.
10 PUBLIC WORKS CONTRACT
BETWEEN THE CITY OF GOLETA
AND
GRANITE CONSTRUCTION COMPANY, INC.
This Public Works Contract (herein referred to as “CONTRACT”) is made and entered into by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and Granite Construction Company, Inc., a California Corporation (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. Pursuant to the Notice Inviting Sealed Bids for the 2022-2023 Pav ement Rehabilitation Project, bids were received, publicly opened, and declared on the date specified in the notice.
2. On August 16, 2022, Goleta’sCity Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR an d the City Council approved this CONTRACT and authorized the City Manager to execute the CONTRACT with CONTRACTOR for furnishing labor, equipment, and material fo r the 2022-2023 Pavement Rehabilitation Project in the City of Goleta.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
SECTION B. TERMS
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 2022-2023 Pavement Reh abilitation Project in the City of Goleta. The work shall be performed in accordance with the Plans and Specifications (and as generally described in the “Notice Inviting Sealed Bids,” attached as Exhibit A) and in accordance with bid prices set fo rth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The contract documents for the aforesaid project, a complete set of which is on file with the Goleta City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this CONTRACT and all required bonds, insurance c ertificates, permits, notices and affidavits; and also, including any and al l addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable
11 manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the w ork properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written CONTRACT, the provisions of this CONTRACT, and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete CONTRACT between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including t hose for well and faithfully completing the work and the whole thereof in the man ner and time specified in the aforesaid contract documents; and also includi ng those arising from actions of the elements, unforeseen difficulties or obstru ctions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within the timeframe specified in the Contract Documents from the date of the notice to proceed. By signing this CONTRACT, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as l iquidated damages, not as a penalty, the sum of $1000 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. PREVAILING WAGES:
A. Pursuant to Labor Code Sections §§1720et seq., including but not limited to sections 1771, 1774 and 1775, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agree s to pay any penalty or civil damages resulting from a violation o f the prevailing wage laws.
B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate
12 of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR’s attention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
D. Labor Code Section 1777.5 requires CONTRACTOR or subcontracto r employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works p roject and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprenti ces to journeymen that will be used in the performance of the contract . The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint appren- ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area excee ds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 o f its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
Pursuant to Labor Code § 1776, CONTRACTOR shall comply with all Department of Industrial Relations registration requirements.
E. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
F. CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices.
13 G. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
H. CONTRACTOR and its subcontractors must keep an accurate certi fied payroll records showing the name, occupation, and the actual pe r diem wages paid to each worker employed in connection with this CONT RACT.
The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enf orcement.
If requested by CITY, CONTRACTOR must provide copies of the rec ords at its cost.
6. LEGAL HOURS OF WORK:CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Except as provided by Labor Code Section 1815, th e CONTRACTOR shall, as a penalty to the CITY, forfeit twenty five dollars ($25) for each worker employed in the execution of the Contract by the CO NTRACTOR or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 (commencing at Section 1810) of the California Labor Code.
7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work requir ed by this CONTRACT as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
8. CONTRACTOR'S LIABILITY:The CITY and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or f or any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in c onnection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and s a v e Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any
14 person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In c onnection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert f ees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in con nection with such work, operations or activities of CONTRACTOR hereunder, an d CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or act ivities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, s top notice, cost, expense, judgment, civil fine or penalty, or liability was caus ed in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this CONTRACT, Contractor shall not be r equired to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction . In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provis ions are intended to be as broad and inclusive as is permitted by the law of the State of California.
This indemnity provision shall survive the termination of the CONTRACT and is in
15 addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this CONTRACT or any additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution agains t the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent p assive negligence by the Indemnitees.
9. THIRD PARTY CLAIMS:In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party clai ms against CONTRACTOR, but in no event later than ten (10) business days af ter CITY receives such claims. Such notification will be in writing and f orwarded in accordance with the “Notice” section of this CONTRACT. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemn ify and defend the City against any third-party claim.
10.WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontracto rs will be required to secure the payment of compensation to its employees . In accordance with the provisions of California Labor Code Section 1861, CONT RACTOR, by signing this contract, certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in acc ordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
11.INSURANCE: With respect to performance of work under this CONTRACT, CONTRACTOR shall maintain and shall require all of its subcontr actors to maintain insurance as required in the Standard Specifications.
12.ASSIGNMENT: This CONTRACT is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
13.INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CI TY nor any of its
16 agents shall have control of the conduct of CONTRACTOR or any o f CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its ag ents or employees are in any manner agents or employees of CITY.
14.TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, pr ocesses and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
15.LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profes sion.
CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times du ring the term of this CONTRACT any licenses, permits, insurance, and approvals which a re legally required of CONTRACTOR to practice its profession. CONTRACTOR sha ll maintain a City of Goleta business license, if required under CITY ordinance.
16.RECORDS: CONTRACTOR 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 or any authorized representative, and will be retained for three years after the expiration of this CONTRACT. All such records sh all be made available for inspection or audit by CITY at any time during regular business hours.
17.SEVERABILITY: If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of th e court to render such portion enforceable and, as so modified, such portion and the balance of this CONTRACT will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
18.WHOLE AGREEMENT: This CONTRACT supersedes any and all other agreements either oral or written, between the parties and cont a i n s a l l o f t h e covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party , which are not
17 embodied herein, and that any other agreement, statements or pr omise not contained in this contract shall not be valid or binding. Any mo difications of this contract will be effective only if signed by the party to be charged.
19.AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this CONTRACT represent all in dividuals, firm members, partners, joint ventures, and/or corporate officers hav ing a principal interest herein. Each party warrants that the individuals who ha ve signed this CONTRACT have the legal power, right, and authority to make this CONTRACT and to bind each respective party. This CONTRACT may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.
20.NOTICES: All notices permitted or required under this CONTRACT shall be i n writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this CONTRACT. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
CITY OF GOLETA
130 Cremona Drive, Suite B
Goleta, CA 93117
Attn: City Manager
CONTRACTOR
Granite Construction Company, Inc.
5335 Debbie Lane
Santa Barbara, California 93111
21.DISPUTES: Disputes arising from this contract will be determined in accordance with the contract documents.
22.NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this CONTRACT because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
18 23.NO THIRD PARTY BENEFICIARY: This CONTRACT and every provision herein is for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiar i es o f a ny of th e CONTRACTOR’s or the CITY’s obligations under this Contract.
24.TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents.
25.ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES:The Parties agree that this CONTRACT, agreements ancillary to this CONTRACT, and related documents to be entered into in connection with this CONTRACT wi ll be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such f acsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
26.GOVERNING LAW: This CONTRACT shall be governed by the laws of the State of California, and exclusive venue for any action involving this CONTRACT will be in Santa Barbara County.
IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT with all the formalities required by law on the respective dates set forth opposite their signatures.
This CONTRACT is executed on this sixteenth day of August, at Goleta, California, and effective as of August 16, 2022.
CITY OF GOLETA:
___________________________________
Michelle Greene, City Manager
ATTEST:
___________________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
___________________________________
Winnie Cai, Assistant City Attorney
19 CONTRACTOR:
_____________________________________
Kenneth B. Olson, Senior Vice President
_____________________________________
James A. Radich, Executive Vice President
State of California License No.
89 _____________________________________
Department of Industrial Relations Registration
No.
1000000085
_____________________________________
Business Phone No.
(805) 964-9951
_____________________________________
CONTRACTOR’S Emergency Phone No. at
which contractor can be reached at any time
Gabe Navarrete, Superintendent
_____________________________________
(805) 331-2456
_____________________________________
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ATTACHMENT 3
Agreement for Professional Construction Management and Inspection Services between the City of Goleta and Cannon Corporation
149
City of Goleta
Public Works and Cannon Corporation, Inc.
Project Name: 2022-2023 Pavement Rehabilitation Project
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
Cannon Corporation
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this 16th day of Augus t 2022, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and Cannon Corporation, a California Corporation (h erein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for profes sional services for Constructi on Management and Inspection Services for the 2022-2023 Pavement Rehabilitation Project; and
2. The CITY does not have the personnel able and/or available t o perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and
3. The CITY procured these services in compliance with Goleta M unicipal Code Section 3.05.260.
4. The City Council, on this 16th day of August 2022, approved this AGREEMENT and authorized the C ity Manager to execute the AGREEMENT.
SECTION B. TERMS
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT , and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2 .
CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
150
City of Goleta
Public Works and Cannon Corporation, Inc.
Professional Construction Managem ent and Inspection Services in conjunction with 2022-2023 Pavem ent Rehabilitation Project.
Services shall generally include Pre-Construction Phase Service s consisting of document control preparation, coordination of meetings, initial critical submittals; Construction Phase Servi ces including on-site inspection and observation of construction activities; and Post-Construction Phase Services consisting of final review, completion, acceptance, and close-out of the constructi on activities, as more particularly set forth in the Scope of Work , attached as Exhibit “A,” and incorporated herein.
CONSULTANT shall deliver to CI TY the deliverables defined in Exhibit “A.”
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the se rvices under this AGREEMENT SHALL NOT EXCEED the sum of $450,000 (herein "not to exceed amount"), and shall b e earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall b e binding upon CONSULTANT until De cember 30, 2023, after which any change in said rates and expenses must be approved in writi ng by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total com pensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall prov ide CITY with written verification of the actual com pensation earned, which written v erification shall be in a form satisfactory to CITY's Project Manager, as described i n S e c t i o n 5 .
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personn el classification).
All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra servi ces, not reasonably included within the services described in Sectio n 2, as mutually agreed to writing in advance of the incurrence of extra service s by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing b efore the performance of extra services, no liability and no right to claim compensation
151
City of Goleta
Public Works and Cannon Corporation, Inc.
for such extra services or expenses shall exist. The applicabl e hourly rates for extra services shall be at the hourly rates set forth in Exhibi t ”B” if one is included as part of this agreement. Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplishe d under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is Debbie Talarico, Project Manager shall have the authority to ac t on behalf of the CITY in administering this AGR EEMENT but shall not be authorize d to extend the term of the AGREEMENT or increase the not to exceed amount.
6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above t o December 31, 2023, unless term of this AGREEMENT is extended, o r the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be perfor med until (i) CONSULTANT furnishes p roof of insurance as required b y Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTA NT's drafts, notes and intern al memorandum), including duplication of same prepared by CONSULTA NT in the performance of these services, ar e the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or l ater time when requested by CI TY. CITY agrees to hold CONSULTANT harmless from all damages, claims, ex penses, and losses arising out of any reuse of the plans and specificat ions for purposes other than those described in this AGREEMENT, unless written au thorization of CONSULTANT is first obtained.
8. PERSONAL SERVICES/NO A SSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Kevin Connors, P.E., Principal Engineer, is deemed to be specially experienced and is a key member of CONSULTANT's firm and shall be directly involved in the performance of this work. This key person shal l communicate with, and periodically report to, CITY on the progress of the w ork. Should any
152
City of Goleta
Public Works and Cannon Corporation, Inc.
such individual be removed from assisting in this contracted wo rk for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. C O N S U L T A N T holds CITY, its elected officials, officers, agents, and employ ees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damag es, losses, injuries or liability to CONSULTANT, to CONSULTANT's employees, t o CONSULTANT’s contractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT i s on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required under t h i s AGREEMENT.
(b) Defense and Indemnity of Third-Party Claims/Liability.
CONSULTANT shall investigate, defend, and indemnify CITY, its e lected officials, officers, agents, and employees, from any claims, la wsuits, demands, judgments, and all liability incl uding, but not limited to, mon etary or property damage, lost profit, personal inj ury, wrongful death, general l iability, automobile, infringement of copyright/patent/t rademark, or professional err ors and omissions arising out of, directly or indirectly, an error, negligence, o r omission of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, or the will ful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, in performi ng the services described in, or normally associated with, this type of contrac ted work. The duty to defend shall include any suits or actions concerning any act ivity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs , claims adjusting costs and any other costs required for and related thereto. (c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under th is section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provid e insurance as described herein. All insurance is to be placed w ith insurers authorized to do business in the St ate of California with an A. M. Best and
153
City of Goleta
Public Works and Cannon Corporation, Inc.
Company rating of A- or better, Class VII or better, or as othe rwise approved by CITY.
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage “o ccurrence” form CG 00 01 or its exact equiva lent with an edition date prio r to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non-owned and hir ed auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensation insura nce complying with California wo rker’s compensation laws, including st atutory limits for workers’ compensation and an Employer’s Lia bility limit of $1,000,000 pe r accident or disease.
d) Professional liability insurance that covers the services to b e performed in connection with this agreement, in the minimum amo unt of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULT ANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liability insurance, CITY, its emp loyees, officials, agents, and member agencies shall be covered as addi tional insureds. Coverage shall apply to any and all liability arisin g out of the work performed or related to the contract. Additional insu red status under the general liability requirement shall be provide d on Insurance Services Office Form CG 20 10, with an edition date p rior to 2004, or its equivalent. Additi onal insured status for comp leted operations shall be provided either in the additional insured f orm or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liabi lity insurance shall apply sep arately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer’s liability. Coverag e will not be limited to CITY’s vicarious liability.
154
City of Goleta
Public Works and Cannon Corporation, Inc.
c) Professional liability insurance policies inception date, continuity date, or retroactive date must be befor e the effective date of this agreement. CONSULTANT agrees to m aintain continuous coverage through a period no less than three years after completion of t he services required by this agreement.
d) Except for professional liabi lity insurance, liability cov erage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shal l not be suspended, voided, canceled, or reduced in coverage or in limit s except after 30 days’ prior wri tten notice has been given to CI TY.
Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.
f) No liability insurance coverage provided to comply with th is AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s
employees, or agents, from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to deposit with CITY within fifteen days o f Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse against CITY for payment of pre miums or other amounts with respect to the insurance required to be prov ided by CONSULTANT hereunder. Any failure, actual or alleged, on th e part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virt ue of requiring the insurance set forth herein. In the event any policy of insurance required under th is AGREEMENT does not comply wit h these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid b y CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
i) CONSULTANT agrees to provide immediate notice to CITY of a ny claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assume s no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
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11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT sha ll be solely responsible for any workers comp ensation insurance, withholding taxes, unemployment insurance, and any other employer obligations asso ciated with the described work.
12. CORRECTIONS
In addition to the above indemnifi cation obligations, CONSULTAN T shall correct, at its expense, all errors in the work that may be dis closed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or wi thheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days’ notice, terminate without cause any portion or all of the servi ces agreed to be performed under this AGREEMENT. I f termination is for cause, n o notice period need be given. In the event of termination, CONSULTANT shall h ave the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performe d and charges outstanding at the time of termination shall be payable by CITY t o CONSULTANT within 30 days follo wing submission of a final state ment by CONSULTANT unless termination is for cause. In such event, CON SULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of t he final payment made under th is AGREEMENT shall operate as and be a release of CITY from all cl aims and liabilities for compensation to CONSULTANT for anything done, f urnished, or relating to CONSULTANT'S work or services. Acceptance of payme nt shall be any negotiation of CITY's check or the failure to make a writte n extra compensation claim within 10 cal endar days of the receipt of th at check.
However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and com petency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assump tion of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT , its employees, subcontractors, agents and consultants.
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15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall mak e available to a representative of CITY for examination of all its records with respect to all matters cove red by this AGREEMENT and will permit CITY to audit, examine and/or reprodu ce such records. CONSULTANT will retain such financial records, time s heets, work progress reports, invoices, bills and project records for at le ast two years after termination or final payment under this AGREEMENT.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective o f the length of time for which such failure continues, shall not constitute a w aiver of such party's right to demand strict compliance by such other party in the fu ture. No waiver by a party of a default or breach of the other party shall be effe ctive or binding upon such party unless made in writing by such party, and no such wa iver shall be implied from any omissions by a party to take any action with r espect to such default or breach. No express wr itten waiver of a specified de fault or breach shall affect any other default or breach, or cover any other pe riod of time, other than any default or breach and/or period of time specified. Al l of the remedies permitted or available to a party under this AGREEMENT, or at l aw or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with resp ect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CIT Y employee or official that has a financial interest in CONSULTANT'S business. During the term o f this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, enc ourage or accept any financial i nterest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a publi c benefit and not strictly for or against any party. It shall be construed c onsistent with the provisions hereof, in order to achieve the objectives and purpo ses of the parties.
Wherever required by the context, the singular shall include th e plural and vice versa, and the masculine gender shall include the feminine or n eutral genders or vice versa.
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19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties sh all attempt to avoid and minimize the damages resulting from the conduct of the other party.
20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the Sta te of California.
Should litigation occur, venue s hall be in Superior Court of Sa nta Barbara County.
21. NONDISCRIMINATION
CONSULTANT shall not discriminat e on the basis of race, color, gender, gender identity/expre ssion, pregnancy, sexual orientation, disa bility, marital status, or any other characteristic protected under applicable federal or state law.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpa yer Identification Number and Certification, Form W-9 (Rev. October 2 0 1 8 ) , a s issued by the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY ha s not appropriated sufficient funds for payment of CONSULTANT service s beyond the current fiscal year, this AGREE MENT shall cover only those cost s incurred up to the conclusion of the current fiscal year.
24. MODIFICATION OF AGREEMENT
The tasks described in this AGR EEMENT and all other terms of th is AGREEMENT may be modified only upon mutual written consent of C ITY and CONSULTANT.
25. USE OF THE TERM “CITY”
Reference to “CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
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26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain duri ng the term of this AGREEMENT, all appr opriate permits, licenses, and certificates that may be required in connection wit h the performance of services under this AGREEMENT.
27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or inte nt of any provision or section of the AGREEMENT.
28. AUTHORIZATION
Each party has expressly authoriz ed the execution of this AGREE MENT on its behalf and bind said party and its respective administra tors, officers, directors, shareholders, divisions, subsidiaries, agents, emplo yees, successors, assigns, principals, partners, j oint venturers, insurance carri ers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposal s and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties here to with respect to the rendering of services and c ontains all of the covenants and agreements between the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of compet ent jurisdiction to be invalid, void, or unenforceable, the remaini ng provisions will nevertheless continue in full fo rce without being impaired or i nvalidated in any way.
31. NOTICES
Any notice required to be giv en hereunder shall be deemed to ha ve been given by depositing said notice in the United States mail, post age prepaid, and addressed as follows:
TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
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TO CONSULTANT: Todd Bartolom e, Senior Resident Engineer Cannon Corporation
1050 Southwood Drive
San Luis Obispo, CA 93401
32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which m ay be facsimile or electronic copies. Each counterpart is fully effec tive as an original, and together constitutes one and the same instrument.
In concurrence and witness whereof , t h i s A G R E E M E N T h a s b e e n executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
_____________________________ ______ _______________________ Michelle Greene, City Manager Michael Cannon, President
A T T E S T
_____________________________ _____________________________ Deborah Lopez, City Clerk Bruce Ray, Chief Financial Officer
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
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EXHIBIT “A”
SCOPE OF WORK
CONSULTANT SERVICES
Task 1: Pre-Construction Phase Services
SUMMARY: The approach and intent of the CONSULTANT is to provide the coordination and preparatory steps and scope necessary to facilitate the initial stages of the project and kick-off of the construction contract administration, including file/document control preparation, coordination meetings, initial critical submittals, etc.
1.1 Review Contract Documents
The CONSULTANT shall review the construction contract and specifications to verify that obligations placed upon the Contractor are consistent with the needs and expectations of the CITY and that these obligations are sufficient to allow the CONSULTANT to work effectively with the Contractor in the best interests of the CITY. The CONSULTANT shall review the outcome of this assessment with the CITY Project Manager and shall provide potential recommendations regarding the project.
1.2 Kickoff Meeting
The CONSULTANT shall arrange and participate in a kickoff meeti ng to establish a Project Management Team (PMT) consisting of CONSULTANT staff, C ITY staff, design consultant staff, potential ancillary support consultants, and necessary utility c o n t a c t s . T h e p u r p o s e o f t h i s m e e t i n g i s t o r e v i e w t h e c o n s t r u ction contract documents, clarify issues, establish public interaction, establ ish working relationships, and review and verify mutual understanding of contract administration issues.
1.3 Contract Administration, Document Control and File System Preparations T h e C O N S U L T A N T s h a l l c o o r d i n a t e t h e d e t a i l s o f t h e f i l e k e e p i n g and document control systems with the CITY Pr oject Manager. Coordination sha ll be provided based on standard public works procedures, such as the Caltrans Local Assistance Procedures Manual. The CONSULTANT shall establish and organize the files and template documents according to the details and system agreed u pon with the CITY Project Manager in preparation for the start of work.
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1.4 Conformed Set
The CONSULTANT shall review the construction plans and specific ations and prepare a conformed set of documents – Plans and Specifications – that include addenda, RFIs, Contractor’s bid proposal, and contract.
1.5 Submittal Processing
The CONSULTANT shall establish, with the assistance of the Design Engineer, a list of the submittals that will be required of the Contractor; the CONSULTANT shall coordinate this list with the Contractor, to receive and process the required submittals in accordance with the Contractor’s material procurement and activity schedule. The CITY will assist in review and approval of submittals that require longer-lead time items, such as poles and cabinets.
1.6 Pre-construction Conference
A pre-construction conference shall be scheduled once the Notice to Proceed has been issued. The CONSULTANT shall develop a pre-construction agenda and submit to the CITY for review a minimum of five days prior to the scheduled pre-construction conference. Appropriate parties shall be invited, including the Contractor, CITY staff, project design consultant, ancillary support consultants, other involved entities, and utility companies. The CONSULTANT shall review with the Contractor, on an overall basis the plans and specifications for the Contractor’s work and the interrelationship with other work that shall take place in the construction vicinity. This review shall confirm the Contractor’s full understanding of the project.
The CONSULTANT shall distribute meeting minutes to attending parties. The meeting shall include the Contractor’s responsibility of such items as project points of contact, emergency contacts, communication, safety/traffic control, public relations, permit and environmental requirements, site access, agreements, labor compliance, order of work, materials certification, weekly meetings, submittals and RFI’s, quality control, stormwater pollution controls, procedures for handling extra work or change of conditions, establishing partnering session work or change of conditions, schedule updates, progress pay requests, highlighting any critical construction items specific to this project, dispute procedures, etc.
Task 2.0: Construction Phase Services
SUMMARY: The approach and intent of the CONSULTANT services during this phase is to provide complete and independent construction management services to the project, as
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well as on-site inspection and observation of the physical construction activity.
Depending on the ultimate configuration of Base Bid and Add Alternatives in the construction package for each year, it is anticipated that the project team of Resident Engineer, Senior Inspector and subconsultant Materials Technician shall provide the services necessary to administer the projects. This team is anticipated to be sufficient coverage for the scope needs of the assignment, while adhering realistically with the scale/budget constraints of the project. The Resident Engineer role shall be fulfilled by Todd Bartolome, PE, of Cannon with a roster of potential staff inspectors, as additional staff coverage is needed.
2.1 Coordination of Contract Execution
The CITY and the CONSULTANT shall determine a mutually agreed upon schedule to mobilize to the project the construction management and the inspector roles, based upon the start of work and initiation of activity by the Contractor. The CONSULTANT shall implement record keeping documentation and contract administration systems developed during the pre-construction phase.
2.2 Project Communication and Coordination
The CONSULTANT shall facilitate project communication and coordination between the CITY, the Contractor, the design engineer, emergency services, utilities, local business, property owners and residents, and materials testing technicians throughout the construction phase. The weekly progress meetings shall help the construction team stay abreast of project issues and progress. A monthly progress report shall be submitted to the CITY by the CONSULTANT.
2.3 Construction Progress Meetings
The CONSULTANT shall determine an appropriate schedule for conducting project progress meetings, typically held on a weekly basis. Meetings shall include a discussion of the project status, the next items of work, and coordination efforts that may be needed to progress the project. The meeting shall provide a forum to discuss and resolve project issues early on and confirm it remains manageable. Additional special meetings may be required to address special issues and conditions in further detail.
CONSULTANT shall schedule and chair the meetings and provide an agenda and meeting minutes to the project team.
2.4 Project Schedule Review
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Starting with the submittal stage, the CONSULTANT shall review and critique the Contractor’s proposed project schedule until an acceptable Baseline Schedule is accepted. Once the Baseline Schedule is established, CONSULTANT shall work with the Contractor to continuously (weekly) monitor the actual activity progress with respect to the Baseline. The Contractor shall provide schedule updates monthly, or as needed in accordance with the execution of the work. Proposed schedule updates shall be reviewed and critiqued by the CONSULTANT in cooperation with the CITY and shall be processed within the formal submittal system.
2.5 Submittal and Request for Information (RFI) Management The CONSULTANT shall manage and maintain a log of, shop drawings, samples, submittals, and RFI’s to determine the following:
1. Short-term look-ahead schedules contain critical submittal dates and logs reflect the same;
2. Submittals from the Contractor are received, logged, and timely processed;
3. Submittals are timely reviewed by the appropriate reviewing body and returned to the Contractor to reduce lost production time;
4. Logs are updated on a regular basis;
5. Shop drawings and Temporary Water Pollution Control Plan (WPCP) have been approved and returned before associated work begins;
6. Copies of submittals, samples, and RFI’s are maintained in the hard copy and electronic file (City standard electronic filing system).
CONSULTANT shall continuously update the CITY Project Manager with RFI and Submittal items, responses, and logs, and provide review of the general status with the project team at the Weekly Progress Meetings.
2.6 Change Order Management
The CONSULTANT shall review the Contractor’s proposed requests for change orders to confirm that project issues are brought to the surface and addressed in a timely manner. The CONSULTANT shall investigate proposed change orders submitted by the Contractor and confirm the CITY has agreed to the Contractor’s proposed change order details and back-up.
Change order submittals shall include clear and complete supporting records. The CONSULTANT shall review necessary and desirable changes to the project and advise the CITY’s Project Manager of the potential change order impacts. The CONSULTANT shall provide the following:
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1. Assemble documentation to include such items as inspection reports, test reports, drawings, sketches, photographs, and other materials, as required.
2. Maintain a change order log to track change order proposals through the review and approval process. The CONSULTANT shall establish files for potential change orders or claims so as to accumulate documentation should the issues result in a change order or claim.
2.7 Quantity Calculations and Progress Estimates
The CONSULTANT shall confirm quantity calculations are complete, accurate and submitted each month to process the Contractor’s progress pay estimate. The Inspector shall keep track of item quantities and extra work performed and assist the Construction Manager to confirm accurate and timely monthly estimates for the project. The Inspector shall reach an agreement on daily quantities with the Contractor’s foreman to identify potential disputes to the work in question as soon as possible. The CONSULTANT shall review the Contractor’s monthly Request for Payment and recommend approval for payment to the CITY.
2.8 Construction Observation/Inspection
The CONSULTANT shall be responsible for inspection and documentation of construction tasks, including adherence to the project plans and specifications; safe and quality implementation of the work activity; detours; construction staging; traffic control; pedestrian and bicycle access; drainage; NPDES requirements; lane closures; and pavement delineation.
CONSULTANT shall confirm thorough site documentation by taking pre-construction site photos to document the existing condition of the project limits and haul routes, as well as on-going construction progress photos. The CONSULTANT shall document construction as it progresses.
Photos shall be logged and filed in the project files.
2.9 Quality Assurance and Materials Testing – Pavement Engineering Inc. (PEI) The CONSULTANT shall collect, review, and confirm accuracy of material tickets, documentation, and certificates of compliance, to be in accordance with the construction contract plans and specifications, and shall maintain organized document control in this category.
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The CONSULTANT shall coordinate with our subconsultant, PEI, for specific materials sampling and QA testing, as required, and shall include resultant reports and test results in the formal record documents.
2.10 WPCP and Permits
In coordination with direction and expectations provided by the CITY Project Manager, the CONSULTANT shall monitor construction activity and coordinate with permitting agencies, as needed, to confirm work items are performed in accordance with the permit requirements.
2.11 Reporting and Record Keeping
The CONSULTANT shall maintain the document control and file management system in accordance with the structure and procedures agreed-upon with the CITY’s Project Manager during the Pre-construction Phase. Critical record-keeping categories shall include daily field reports, meeting minutes, correspondence, RFIs, submittals, certificates of compliances, records of material testing, photo log, CCO log, submittal log, contact change orders, NOPCs, quantity documentation, and progress pay estimates. The CONSULTANT shall be responsible to confirm the CITY Project Manager has access to the most current documents included in the CONSULTANT’s record- keeping system.
2.12 Safety
The Contractor is the primary responsible party for maintaining compliance with safety requirements on the construction site for activity and participants. The CONSULTANT shall monitor the Contractor’s general compliance with their safety program and advise the CITY of observed deficiencies. The Construction Safety Orders, the Caltrans Safety Manual, and the Contractor’s safety plan will guide the CONSULTANT’s field safety monitoring activity.
DELIVERABLES
x Daily and weekly reports / correspondence
x Verified grades from construction staking.
x Coordinate field and laboratory testing services.
x Logs of submittals/RFIs
x Progress meeting minutes and agendas
x Track shop drawing reviews and RFIs from Contractor with design consultants x Track materials incorporated into the project
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x Bid item quantity documentation
x Contractor progress payments, per CITY format
x Tracked CCOs, extra work, supplemental work, project contingency balance x Confirm permit requirements are being followed
x Coordination of review and approval of Contractor’s WPCP (when applicable) x Monitor project BMP’s are installed and maintained
x Labor Compliance
x Construction document files per Local Assistance Procedure Manual - based system
x Coordination with CITY’s Project Manager and related CITY Departments/staff x Construction engineering to assist with necessary field design changes. x Monitor project for safety on a daily/on-going basis
x Monitor surrounding area for safety concerns to public that may be a result of project work (traffic control, impact to adjacent streets)
Task 3.0: Post-Construction Phase Services
SUMMARY: The approach and intent of the CONSULTANT services during this phase is to facilitate final review, completion, acceptance, and close-out of the construction activities. CONSULTANT shall work with the CITY Project Manager, related CITY Departments, project design engineer, ancillary support consultants, and pertinent project team stakeholders to confirm and closeout outstanding work items and project documentation for turnover to the CITY.
3.1 Final Inspection and Punch List
The CONSULTANT shall, in conjunction with the CITY, inspect the near-completed facilities to identify discrepancies and deficiencies in the work performed by the Contractor, in accordance with the Contract Documents, and will subsequently prepare the necessary punch list to identify such items. Upon correction and re-inspection of omissions and deficiencies, the CONSULTANT shall report to the CITY Project Manager on the completion of the project, schedule a final walk-through with the appropriate CITY staff, and recommend acceptance and approval of final payment to the Contractor.
The CONSULTANT shall assist with the preparation and signing of the Acknowledgement of Construction Closeout and Release of Claims form.
3.2 As-Built Drawings
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The CONSULTANT shall regularly review the project as-built drawings produced by the Contractor and require that the as-built drawings reflect the current project conditions.
The CONSULTANT shall provide the CITY and the Design Engineer with a copy of the Contractor’s as-built drawings and sufficient additional information to prepare certified final record as-built drawings.
3.3 Project Closeout
Upon completion of the work and after items on the punch list have been addressed, the CONSULTANT shall prepare and submit the final payment package to the Contractor, in accordance with the CITY’s direction. The CONSULTANT shall submit final project records and reports (including laboratory and plant testing reports), manufacturer’s certificates and pictures and videos of various phases of construction.
D
ELIVERABLES:
x Furnish As-Built documentation to the design consultant for preparation of as- built record drawings.
x Perform final walk-through(s) with the CITY and Contractor. x Prepare final construction report for the project.
x Organize and submit turnover documents of final project files to the CITY.
Turnover documents to be submitted with hard-copies in three-ring binders and an electronic copy in PDF format.
Task 4.0: Contingency Services
This task is a contingency category for additional Construction Management and Inspection services by the CONSULTANT, to be provided at the request of the CITY, based on additional unanticipated changes or unforeseen conditions. Anticipated scope of services is similar to those defined in Tasks 1 – 3.
Proposal Considerations and Assumptions
Construction Management and Inspection Services for the 2022/2023 Pavement Rehabilitation Project.
x We understand that the project will commence soon after award of a successful bidder, estimating field work starting in September/October 2022. x We understand that the Construction Contract duration is 190 working days, and the project may span two construction seasons depending on pricing of the Add- Alternatives.
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x Materials Testing Services for Quality Assurance are included in our proposed support services and shown in our not-to-exceed cost estimate.
Services Provided by the CITY
The services provided by the CITY will include the following:
x Coordination of permitting requirements, right-of-way access authorization, air- quality/environmental permits, etc., and associated fees. x Coordination of property rights of entry, temporary construction easements, and any critical coordination with property owners regarding property issues. x Coordination with the public and lead public outreach (CONSULTANT will coordinate and reflect same program and messaging with the public). x Provide plans, specifications, contract documents, etc., in support of the project. x General coordination and guidance with the various CITY Departments, as needed, via the CITY Project Manager contact.
x CITY staff will manage the project design consultant and any design-support services performed by them; CONSULTANT will fully coordinate and communicate with design consultant staff, as needed.
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EXHIBIT “B”
RATE SCHEDULE
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