May 2020
MM-5: To the extent practicable, removal of large trees with cavities shall occur before bat maternity colonies form (i.e., prior to March 1) or after young are volant (i.e., after August 31). If construction including the removal of large trees) occurs during the bat non-volant season ( March 1 through August 31), a qualified professional shall conduct a pre- construction survey of the study area to locate maternity colonies and identify measures to protect colonies from disturbance. The preconstruction survey will be performed no more than 7 days prior to the implementation of construction activities. If a maternity colony is located within or adjacent to the study area, a disturbance free buffer shall be established by a qualified professional, in consultation with CDFW, to ensure the colony is protected from project activities.
MM-6: If vegetation removal or construction activities will occur during the nesting season for migratory birds or raptors ( February 1 through August 31), a qualified biologist shall conduct a preconstruction survey no more than 7 days before construction activities begin. If nesting birds or raptors are found, CDFW will be notified and consulted. An appropriate buffer, as determined by CDFW and the qualified biologist, will be placed around the nest until the young have fledged. If construction activities cease for a period greater than 7 days, additional preconstruction surveys will be required.
Packet Pg. 424 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) Packet Pg. 425 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution)
ATTACHMENT C
Mitigation Monitoring and Environmental Commitment Program Packet Pg. 426 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) Packet Pg. 427 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) Eastside Road and Westside Road Bridges Replacement Project Page 1 May 2020
MITIGATION MONITORING AND
ENVIRONMENTAL COMMITMENT PROGRAM
EASTSIDE ROAD AND WESTSIDE ROAD BRIDGES REPLACEMENT
PROJECT
STATE CLEARINGHOUSE NO. 2020049034
MITIGATION MONITORING PROGRAM CONTENTS
This document is the Mitigation Monitoring and Environmental Commitment Program ( MMP/ ECP) for the Eastside Road and Westside Road Bridges Replacement Project ( project). The MMP/ECP includes a brief discussion of the legal basis for, and the purpose of, the program, discussion, and direction regarding complaints about noncompliance, a key to understanding the monitoring matrix, and the monitoring matrix itself.
LEGAL BASIS OF AND PURPOSE FOR THE MITIGATION MONITORING PROGRAM California Public Resources Code Section 21081. 6 requires public agencies to adopt mitigation monitoring or reporting programs whenever certifying an environmental impact report ( EIR) or a mitigated negative declaration ( MND). This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process.
The MMP contained herein is intended to satisfy the requirements of CEQA as they relate to the Initial Study/ Mitigated Negative Declaration prepared for the project. It is intended to be used by City of Redding ( City) staff, participating agencies, project contractors, and mitigation monitoring personnel during implementation of the project.
Mitigation is defined by CEQA Guidelines Section 15370 as a measure that does any of the following:
Avoids impacts altogether by not taking a certain action or parts of an action.
Minimizes impacts by limiting the degree or magnitude of the action and its implementation.
Rectifies impacts by repairing, rehabilitating, or restoring the impacted environment.
Reduces or eliminates impacts over time by preservation and maintenance operations during the life of the project.
Compensates for impacts by replacing or providing substitute resources or environments.
The intent of the MMP is to ensure the effective implementation and enforcement of adopted mitigation measures and permit conditions. The MMP will provide for monitoring of construction activities as necessary, on-site identification and resolution of environmental problems, and proper reporting to City staff.
Packet Pg. 428 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program
May 2020
In addition to meeting the CEQA MMP requirements, this document incorporates environmental commitments, standard practices, conservation measures, and best management practices ( BMPs). The environmental commitments may be part of the project design, standard contract specifications, City of Redding requirements, or conservation measures. These commitments are part of the project, but do not constitute mitigation under CEQA as they have not been incorporated to reduce a potentially significant impact.
MITIGATION MONITORING/ ENVIRONMENTAL COMMITMENT TABLE
The MMP/ ECP Table identifies the mitigation measures and commitments proposed for the project. The tables have the following columns:
Mitigation Measure: Lists the mitigation measures identified within the Initial Study for a specific potentially significant impact, along with the number for each measure as enumerated in the Initial Study.
Environmental Commitment: Lists the commitments identified within the project that are not related to a potentially significant CEQA impact, but further ensure environmental resource protection.
Timing: Identifies at what point in time, review process, or phase the mitigation measure will be completed.
Agency/ Department Consultation: References the City department or any other public agency with which coordination is required to satisfy the identified mitigation measure.
Verification: Spaces to be initialed and dated by the individual designated to verify adherence to a specific mitigation measures.
NONCOMPLIANCE COMPLAINTS
Any person or agency may file a complaint asserting noncompliance with the mitigation measures and commitments associated with the project. The complaint shall be directed to the City in written form, providing specific information on the asserted violation. The City shall investigate and determine the validity of the complaint. If noncompliance with a mitigation measure has occurred, the City shall take appropriate action to remedy any violation. The compliant shall receive written confirmation indicating the results of the investigation or the final action corresponding to the particular noncompliance issue.
Packet Pg. 429 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program Eastside Road and Westside Road Bridges Replacement Project Page 3 May 2020
MITIGATION MONITORING AND ENVIRONMENTAL COMMITMENT TABLE
FOR THE HOLLOW LANE CULVERT REPLACEMENT PROJECT
MITIGATION MONITORING PROGRAM
STATE CLEARINGHOUSE NO.)
ENVIRONMENTAL COMMITMENTS
The following environmental commitments will be incorporated into the project to further protect environmental and biological resources:
Best Management Practices ( BMPs)
Timing/
Implementation
Enforcement/
Monitoring
Verification
Date and
Initials
Air Quality ( AQ)
AQ-1. Nontoxic soil stabilizers shall be applied according to manufacturer’ s specification to all inactive construction areas.
Construction City/
Construction
Management
AQ-2. All grading operations shall be suspended when winds ( as instantaneous gusts) exceed 20 miles per hour.
Construction City/
Construction
Management
AQ-3. Water all stockpiles, access roads, and disturbed or exposed areas, as necessary, to prevent airborne dust.
Construction City/
Construction
Management
AQ-4. Pursuant to the California Vehicle Code ( Section 23114( e)(4)) (California Legislative Information 2016), all trucks hauling soil and other loose material to and from the construction site shall be covered or shall maintain at least 6 inches of freeboard ( i.e., minimum vertical distance between top of load and the trailer).
Construction City/
Construction
Management
AQ-5. All public roadways used by the project contractor shall be maintained free from dust, dirt, and debris caused by construction activities. Streets shall be swept at the end of the day if visible soil materials are carried onto adjacent public paved roads.
Construction City/
Construction
Management
Packet Pg. 430 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program Eastside Road and Westside Road Bridges Replacement Project Page 4 May 2020
Best Management Practices ( BMPs)
Timing/
Implementation
Enforcement/
Monitoring
Verification
Date and
Initials
Biological Resources ( BIO)
BIO-1. As required by the City of Redding Stormwater Quality Management and Discharge Control Ordinance, a Stormwater Pollution Prevention Plan ( SWPPP) will be prepared to address BMPs that will be used to prevent erosion and sediment loss within the project site.
BMPs such as silt fence, mulching and seeding, and straw wattles will be placed where needed to prevent sediment from leaving the site during and after construction.
Preconstruction/
Construction
City/
Construction
Management
BIO-2. Appropriate sediment control measures ( e.g., silt fences, straw wattles) shall be in place prior to the onset of construction activities near jurisdictional waters and in project areas where there is a potential for surface runoff to drain into jurisdictional waters. Sediment control measures shall be monitored and maintained until construction activities have ceased.
Construction City/
Construction
Management
BIO-3. High visibility fencing, flagging, or markers will be installed along the edges of the work zone near avoided waters and avoided riparian areas.
Construction City/
Construction
Management
BIO-4. Riparian vegetation within temporary construction zones shall be cleanly cut to ground level and then covered with a layer of clean gravel or topsoil as necessary to protect plant viability and prevent damage to remaining root structures during construction.
Construction City/
Construction
Management
BIO-5. All riparian areas and streambanks temporarily disturbed during Project construction will be re-contoured to pre-construction conditions and seeded with a native seed mix.
Construction City/
Construction
Management
Cultural Resources ( CR)
CR-1. If previously unidentified cultural materials are unearthed during construction, it is City policy that work be halted in that area until a qualified archaeologist can assess the significance of the find.
Construction City/
Construction
Management
Packet Pg. 431 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program Eastside Road and Westside Road Bridges Replacement Project Page 5 May 2020
Best Management Practices ( BMPs)
Timing/
Implementation
Enforcement/
Monitoring
Verification
Date and
Initials
CR-2. If human remains are discovered during project activities, all activities near the find will be stopped and the Shasta County Sheriff- Coroner’ s Office shall be notified. If the coroner determines that the remains may be those of a Native American, the coroner will contact the Native American Heritage Commission ( NAHC). Treatment of the remains shall be conducted in accordance with further direction of the County Coroner or the NAHC, as appropriate.
Construction City/ NAHC/
County Coroner
HAZARDS AND HAZARDOUS MATERIALS ( HAZ)
HAZ-1. Hazardous materials, including fuels, oils, cement, and solvents will be stored and contained in an area protected from direct runoff and away from areas where they could enter waters of the United States.
Construction City/
Construction
Management
HAZ-2. Construction equipment will be inspected daily for leaks. Leaking fluids will be contained upon detection and equipment repairs will be made as soon as practicable or the leaking equipment will be moved off site.
Construction City/
Construction
Management
HAZ-3. Secondary containment such as drip pans or absorbent materials shall be used to catch spills or leaks when removing or changing fluids. Secondary containment will be used for storage of all hazardous materials.
Construction City/
Construction
Management
HAZ-4. Spill containment and clean- up materials shall be kept on site at all times for use in the event of an accidental spills.
Construction City/
Construction
Management
HAZ-5. Absorbent materials shall be used on small spills rather than hosing down or burying the spill. The absorbent material shall be promptly removed and properly disposed.
Construction City/
Construction
Management
NOISE ( NOI)
NOI-1. The Contractor shall follow Caltrans Section 14-8.02 of the Standard Specifications.
Construction noise shall not exceed 86 dBA Lmax at 50 feet from the job site from 9:00 p.m. to 6:00 a.m.
Construction City/
Construction
Management
Packet Pg. 432 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program Eastside Road and Westside Road Bridges Replacement Project Page 6 May 2020
CEQA MITIGATION MEASURES
Resource- specific mitigation measures to be used during project implementation include:
Mitigation Measure ( MM)
Timing/
Implementation
Enforcement/
Monitoring
Verification
Date and
Initials
MM-1: Prior to the start of construction, a focused botanical survey will be conducted by a qualified biologist during the blooming period for silky cryptantha within the BSA. If silky cryptantha is not found during the botanical survey no other measures will be required. If silky cryptantha is discovered during the focused botanical surveys, the plants will be marked by a qualified biologist. If the area can be avoided, exclusionary fencing will be placed around the plants and no pedestrian or vehicular entry shall be allowed. If the area cannot be avoided, the City will coordinate with CDFW to avoid, minimize, and mitigate impacts to the species.
Potential measures for reducing project impacts on special status plants include limiting ground disturbance until annual special status plants have gone to seed and stockpiling top soil during the initial excavation to be replaced as the top layer during the final site rehabilitation. If listed species are found and cannot be avoided an Incidental Take Permit may be needed.
Preconstruction/
Construction
City/
Construction
Management
MM-2: Work within Canyon Hollow Creek shall be restricted to the dry season ( June 1 to October 15).
Preconstruction/
Construction
City/
Construction
Management
MM-3: Any new gravel material placed in the channel shall meet Caltrans’ cleanness test California Test No. 227) with a value of 85 or higher.
Preconstruction/
Construction
City/
Construction
Management
MM-4: Riparian vegetation disturbed in the temporary use areas on the west side of Westside Road Bridge and on the east side of Eastside Road Bridge shall be restored both by revegetation and by promoting regrowth of plants that were pruned and protected prior to work. Where feasible, revegetated areas shall be planted at a ratio of 3 new plants for every large (> 3 inches) woody riparian plant removed ( 3:1 ratio). In areas of regrowth of large woody riparian vegetation, all regrowth will be monitored and maintained, and counted at a 1:1 ratio. These replanting ratios will help ensure successful establishment of at least one vigorous plant for each plant removed to accommodate the project.
Preconstruction/
Construction
City/
Construction
Management
Packet Pg. 433 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program Eastside Road and Westside Road Bridges Replacement Project Page 7 May 2020
Mitigation Measure ( MM)
Timing/
Implementation
Enforcement/
Monitoring
Verification
Date and
Initials
MM-5: To the extent practicable, removal of large trees with cavities shall occur before bat maternity colonies form (i.e., prior to March 1) or after young are volant ( i.e., after August 31).
If construction ( including the removal of large trees) occurs during the bat non-volant season March 1 through August 31), a qualified professional shall conduct a pre-construction survey of the study area to locate maternity colonies and identify measures to protect colonies from disturbance. The preconstruction survey will be performed no more than 7 days prior to the implementation of construction activities. If a maternity colony is located within or adjacent to the study area, a disturbance free buffer shall be established by a qualified professional, in consultation with CDFW, to ensure the colony is protected from project activities.
Preconstruction/
Construction
City/
Construction
Management
MM-6: If vegetation removal or construction activities will occur during the nesting season for migratory birds or raptors ( February 1 through August 31), a qualified biologist shall conduct a preconstruction survey no more than 7 days before construction activities begin. If nesting birds or raptors are found, CDFW will be notified and consulted. An appropriate buffer, as determined by CDFW and the qualified biologist, will be placed around the nest until the young have fledged.
If construction activities cease for a period greater than 7 days, additional preconstruction surveys will be required.
Preconstruction/
Construction
City/
Construction
Management
Packet Pg. 434 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) Packet Pg. 435 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution)
ATTACHMENT D
Comments and Response to Comments ( if any)
Packet Pg. 436 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) Packet Pg. 437 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) Eastside Road and Westside Road Bridges Replacement Project Response to Public Comments Received on CEQA Initial Study/ Mitigated Negative Declaration, State Clearinghouse # 2020049034
In accordance with the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration ( IS/MND) for the Eastside Road and Westside Road Bridges Replacement Project was made available to the public and interested agencies for a minimum 30-day review period. The agency review period was managed by the State Clearinghouse ( SCH) and closed on May 14, 2020. The public review period was managed by staff and closed on May 15, 2020. All written comments received during the public and agency review period are attached, along with written responses to environmental issues raised by commenters on the IS/MND. Comments received on the public draft IS/MND do not identify new significant impacts or significant new information that would require recirculation of the draft IS/MND pursuant to CEQA Guidelines Section 15073. 5. This technical memorandum is being used to summarize comments and support adoption of the public draft IS/MND.
Response to Comments
In addition to confirmation from the State Clearinghouse that the 30-day posting requirement was met, a total of two comment letters were received regarding the IS/MND. The confirmation notice and comment letters are attached to this technical memorandum in the order indicated:
State Clearinghouse Compliance Notification ( Letter A) California Department of Toxic Substances Control ( Letter B) California Department of Fish and Wildlife ( Letter C)
1. Letter A confirms project compliance with the State Clearinghouse review requirements for draft environmental documents pursuant to CEQA. No response is needed for this letter.
2. Letter B was submitted by the California Department of Toxic Substances Control and includes six comments.
Comment B1. Release of Hazardous Waste/ Substances
Response: Hazardous waste is addressed in Section IX. “Hazards and Hazardous Waste” of the Initial Study. The threat to public health and the environment was evaluated and it was determined that the project would have a less than significant impact.
Comment B2. Aerially Deposited Lead
Response: Caltrans contract specifications are being used for the project and soils will be characterized and managed in accordance with the June 2016 Soil Management Agreement for Aerially Deposited Lead- Contaminated Soils ( DTSC, 2016) or subsequent updates.
Packet Pg. 438 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) 2 Comment B3. Mining Activities
Response: There have been no known mining activities within the project area or vicinity.
Comment B4. Lead Contamination
Response: Caltrans contract specifications are being used for the project, including Caltrans Standard Special Provision 36-4 ( Residue Containing High Lead Concentration Paints).
Comment B5. Imported Soil
Response: In accordance with the contract specifications, the contractor is required to provide clean fill material.
Comment B6. Pesticides
Response: The project area has not been used for agriculture or weed abatement activities.
3. Letter C was submitted by the California Department of Fish and Wildlife ( CDFW) and includes three comments.
Comment C1. Bats
Response: Slab bridge structures are not bat friendly as they rarely provide habitat value unless there are deterioration hollows, expansion joints, or other similar features that provide day roost crevices or hollows. The existing bridges are continuous reinforced concrete slab bridges with no joints and they do not provide bat habitat. Numerous engineering and biological bridge inspections have confirmed the lack of habitat and lack of bat presence at the project location.
Comment C2. Permit and Vegetation Replanting Concurrence Response: Comment noted.
Comment C3. Trenching
Response: The City of Redding construction standards require all trenches be covered securely at the end of each work day to ensure safety, and pipes are inspected prior to modification or movement.
Packet Pg. 439 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) From: Justin Le
To: Kelley, Amber
Subject: SCH# 2020049034
Date: Thursday, May 14, 2020 2: 14: 11 PM
CAUTION: This email originated from outside the City of Redding; please be careful with links or attachments.
The State Clearinghouse would like to inform you that our office will be transitioning from providing a hard copy of acknowledging the close of review period on your project to electronic mail system.
Please visit: https:// ceqanet. opr.ca.gov/ 2020049034 for full details about your project and if any state agencies submitted comments by close of review period (note: any state agencies in bold, submitted comments and are available).
This email acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act.
Please email the State Clearinghouse at [email protected] for any questions regarding the environmental review process. If you have a question about the above- named project, please refer to the ten-digit State Clearinghouse number when contacting this office.
Justin Le | Student Assistant
Governor’s Office of Planning and Research
State Clearinghouse Unit
1400 10th Street, Room 113
Sacramento, CA 95814
916) 445-0613
Letter A
Packet Pg. 440 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) Printed on Recycled Paper
April 22, 2020
Ms. Amber Kelly
City of Redding
777 Cypress Avenue
Redding, California 96001
akelley@cityofredding. org
MITIGATED NEGATIVE DECLARATION FOR EASTSIDE ROAD AND WESTSIDE ROAD BRIDGES REPLACEMENT PROJECT – DATED APRIL 2020 (STATE CLEARINGHOUSE NUMBER: 2020049034)
Dear Ms. Kelley:
The Department of Toxic Substances Control ( DTSC) received a Mitigated Negative Declaration ( MND) for Eastside Road and Westside Road Bridges Replacement Project. The proposed Project would replace the existing bridges over Canyon Hollow Creek with two new two-lane cast-in-place concrete slab bridges. The proposed structures will provide two 12-foot travel lanes, 4 to 8-foot shoulders, and a 6-foot wide sidewalk. The approach roadways will be reconstructed to conform to the new bridges.
The Project also includes underground utility relocation, sidewalk extension, storm drain modification, paving, striping, and sign installation. Construction of both bridges will be staged to allow a single lane of alternating traffic, controlled by temporary signals. Most work would occur within the City right of way; however, sliver acquisitions and easements may be required.
DTSC recommends that the following issues be evaluated in the MND Hazards and Hazardous Materials section:
1. The MND should acknowledge the potential for historic or future activities on or near the project site to result in the release of hazardous wastes/ substances on the project site. In instances in which releases have occurred or may occur, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. The MND should also identify the mechanism( s) to initiate any required investigation and/or remediation and the government agency who will be responsible for providing appropriate regulatory oversight.
Letter B
Comment B1
Packet Pg. 441 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) Ms. Amber Kelly
April 22, 2020
2. Refiners in the United States started adding lead compounds to gasoline in the 1920s in order to boost octane levels and improve engine performance. This practice did not officially end until 1992 when lead was banned as a fuel additive in California. Tailpipe emissions from automobiles using leaded gasoline contained lead and resulted in aerially deposited lead (ADL) being deposited in and along roadways throughout the state. ADL-contaminated soils still exist along roadsides and medians and can also be found underneath some existing road surfaces due to past construction activities. Due to the potential for ADL-contaminated soil DTSC, recommends collecting soil samples for lead analysis prior to performing any intrusive activities for the project described in the MND.
3. If any sites within the project area or sites located within the vicinity of the project have been used or are suspected of having been used for mining activities, proper investigation for mine waste should be discussed in the MND. DTSC recommends that any project sites with current and/or former mining operations onsite or in the project site area should be evaluated for mine waste according to DTSC’ s 1998 Abandoned Mine Land Mines Preliminary Assessment Handbook https:// dtsc.ca.gov/wp-content/ uploads/ sites/31/2018/11/aml_handbook. pdf).
4. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolition and disposal of any of the above- mentioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or former buildings should be conducted in accordance with DTSC’ s 2006 Interim Guidance Evaluation of School Sites with Potential Contamination from Lead Based Paint, Termiticides, and Electrical Transformers
https://dtsc.ca.gov/wpcontent/ uploads/ sites/31/2018/09/Guidance_ Lead_ Contamination_ 050118. pdf).
5. If any projects initiated as part of the proposed project require the importation of soil to backfill any excavated areas, proper sampling should be conducted to ensure that the imported soil is free of contamination. DTSC recommends the imported materials be characterized according to DTSC’s 2001 Information Advisory Clean Imported Fill Material (https://dtsc.ca.gov/wpcontent/ uploads/ sites/31/2018/09/SMP_FS_Cleanfill- Schools. pdf).
6. If any sites included as part of the proposed project have been used for agricultural, weed abatement or related activities, proper investigation for organochlorinated pesticides should be discussed in the MND. DTSC recommends the current and former agricultural lands be evaluated in accordance with DTSC’ s 2008 Interim Guidance for Sampling Agricultural Properties (Third Revision) (https://dtsc.ca.gov/wpcontent/ uploads/ sites/31/2018/09/Ag-Guidance- Rev-3-August- 7-2008-2.pdf).
Comment B2
Comment B3
Comment B4
Comment B5
Comment B6
Packet Pg. 442 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) Ms. Amber Kelly
April 22, 2020
DTSC appreciates the opportunity to comment on the MND. Should you need any assistance with an environmental investigation, please submit a request for Lead Agency Oversight Application, which can be found at: https://dtsc.ca.gov/wpcontent/ uploads/ sites/31/2018/09/VCP_App-1460.doc. Additional information regarding voluntary agreements with DTSC can be found at: https://dtsc.ca.gov/brownfields/.
If you have any questions, please contact me at (916) 255-3710 or via email at Gavin. McCreary@dtsc. ca.gov.
Sincerely,
Gavin McCreary
Project Manager
Site Evaluation and Remediation Unit
Site Mitigation and Restoration Program
Department of Toxic Substances Control
cc: ( via email)
Governor’ s Office of Planning and Research
State Clearinghouse
State.Clearinghouse@opr. ca.gov
Ms. Lora Jameson, Chief
Site Evaluation and Remediation Unit
Department of Toxic Substances Control
Lora.Jameson@dtsc. ca.gov
Mr. Dave Kereazis
Office of Planning & Environmental Analysis
Department of Toxic Substances Control
Dave.Kereazis@dtsc. ca.gov
Packet Pg. 443 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Northern Region
601 Locust Street
Redding, CA 96001
www.wildlife.ca.gov
Conserving California’ s Wildlife Since 1870
May 13, 2020
Amber Kelley, Environmental Compliance Manager
City of Redding
Public Works Department
777 Cypress Avenue
Redding, CA 96001
Subject: Review of the Mitigated Negative Declaration for the Eastside Road and Westside Road Bridge Replacement Project, State Clearinghouse Number 2020049034, Anderson, Shasta County
Dear Amber Kelley:
The California Department of Fish and Wildlife (Department) has reviewed the Mitigated Negative Declaration (MND) dated April 2020, for the above-referenced project Project). As a trustee for the State’ s fish and wildlife resources, the Department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants and their habitat. As a responsible agency, the Department administers the California Endangered Species Act and other provisions of the Fish and Game Code that conserve the State’ s fish and wildlife public trust resources. The Department offers the following comments and recommendations on this Project in our role as a trustee and responsible agency pursuant to the California Environmental Quality Act, California Public Resources Code section 21000 et seq.
Project Description
The Project as proposed is to replace the Eastside Road Bridge (Bridge No. 06C0085) and the Westside Road Bridge (Bridge No. 06C0071) over Canyon Hollow Creek. The existing Eastside Road Bridge will be replaced with a new two-lane, two-span cast-inplace reinforced concrete slab bridge. The existing Westside Road Bridge will be replaced with a new two-lane, three-span cast-in-place reinforced concrete slab bridge.
In addition to replacing the bridges, work will also include extending the sidewalk along some approaches, storm drain modification, paving, striping, and sign installation. PG&E gas lines, City of Redding water lines, and AT&T underground phone and fiber optic lines will require relocation with trench excavation depths up to 12 feet deep. Two staging areas will be used, the first within a disturbed dirt area located at the northeast quadrant of the Eastside Road Bridge and the second in a paved section of abandoned roadway located 130-feet north of the Westside Road Bridge.
Letter C
Packet Pg. 444 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) Amber Kelley, Environmental Compliance Manager
May 13, 2020
Comments and Recommendations
The Department has the following recommendations and comments as they pertain to biological resources.
Bats
The Natural Environment Study dated January 2020 and prepared by Dokken Engineering, states that no western red bats (Lasiurus blossevillii) were observed during the site visit on November 30, 2017, and there was no habitat for other special status bat species present onsite. A focused bat survey was not conducted.
Mitigation Measure MM-5 states that bat surveys will be conducted within seven days prior to the start of Project activity if large trees will be removed during the bat maternity season. It goes on to state if the species is discovered during pre-construction surveys, the City will contact the Department to develop avoidance and minimization measures.
There is no discussion about surveying the bridge structures.
Bridges are well documented as providing important maternity and hibernacula roost habitat. According to Caltrans’ Bat and Bridges Technical Bulletin, 93 percent of California’ s rare bat species either use or are likely to use bridges, and 18 of California’ s 24 bat species are documented as using bridges1.
In addition to protecting bats as discussed in MM-5, both the maternity and hibernacula season must be considered. Removal or disturbance of a roost structure during either of these seasons could cause significant impacts to bats as a colony could consist of the entire local population of a species and impacts may lead to high mortality. The availability of suitable roosting habitat is considered a limiting factor for western bat populations. Roost site suitability is often based on a narrow range of suitable temperatures, relative humidity, physical dimensions, etc., and many species exhibit high roost site fidelity.
In order to minimize impacts to roosting bats, the Department recommends the completion of habitat assessments of impacted bridges and large trees to determine if roosting habitat is present well in advance of the start of Project activities. These assessments should be conducted by a biologist with experience surveying for bat roost habitat and knowledge of the ecology of local bat species. Different species may require different mitigation strategies and factors beyond the roost type, such as the rarity of the species and the sensitivity of the species to disturbance, must be considered.
Presence of roosting bats may require additional focused surveys to determine species use, seasonal use patterns, and roost type. Habitat assessments conducted prior to the start of Project activities will allow for time to determine potential impacts to roosting 1Erickson, G.A., et al. 2002. Bat and Bridges Technical Bulletin (Hitchhiker Guide to Bat Roosts).
California Department of Transportation, Sacramento, CA.
Comment
C1
Packet Pg. 445 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution) Amber Kelley, Environmental Compliance Manager
May 13, 2020
bats and develop effective avoidance or mitigation measures and will also reduce the chance for Project delays.
Permitting and Mitigation
The MND states that the project applicant will obtain a 1602 Lake or Streambed Alteration Agreement along with other necessary permits. The MND also states that riparian vegetation will be replanted at a 3:1 ratio. The Department concurs with this mitigation ratio for impacts to riparian vegetation. A revegetation plan should be developed and include success criteria and a list of native plants proposed to be used.
The revegetation plan should be reviewed and approved by the Department.
Trenching
According to the MND, trenching to a depth of 12 feet will be required to relocate PG&E gas lines, City of Redding water lines, and AT&T underground phone and fiber optic lines. If the trench remains open at the end of the workday, it should be covered securely, or a ramp should be provided in the trench to prevent wildlife entrapment. If pipes are left out onsite, they should be inspected for animals prior to burying, capping, moving or filling. The Department recommends a mitigation measure be developed and included in the final MND.
If you have any questions, please contact Amy Henderson, Senior Environmental Scientist, at (530) 225-2779, or by e-mail at Amy.Henderson@wildlife. ca.gov.
Sincerely,
Curt Babcock
Habitat Conservation Program Manager
ec: Amber Kelley
City of Redding
[email protected]
State Clearinghouse
[email protected]
Amy Henderson
California Department of Fish and Wildlife
[email protected]
Comment
C2
Comment
C3
Packet Pg. 446 Attachment: Previous staff report 06-16-20 (4.11(b)--Accept Grant Funds and Adopt Budget Resolution)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept Bid Negotiation No. 5398 (Job No. 5424), Council Chambers and City Hall Roof Replacement Project, awarded to Harbert Roofing, Inc., as satisfactorily complete, with a final cost of $239,013.
Fiscal Impact
General Fund as well as some American Rescue Plan Act (ARPA) funding in the amount of $326,174 was approved for this project for Fiscal Year 2023-24. The total project cost, including surveying, design, bidding, construction, field engineering, inspection, and contract administration is $239,013.
Alternative Action
The City Council (Council) may choose not to accept the project as satisfactorily complete, and advise staff on how to proceed.
Background/Analysis
Harbert Roofing, Inc., has completed all items of work on the Council Chambers and City Hall Roof Replacement Project as of January 10, 2024, which was within the contract time frame. The project warranty period expires one year from the completion date. Subsequently, the Public Works Department filed a notice of completion with Shasta County.
At its meeting of October 2, 2023, the Council awarded a construction contract to Harbert Roofing, Inc. for $246,174 and approved a $25,000 construction contingency fund. Also authorized was $25,000 for contract administration and construction inspection fees; $15,000 for project development costs; and the City Manager was authorized to approve additional increases in either the construction management or construction contingency amounts up to a total of MEETING DATE: March 19, 2024
ITEM NO. 4.11(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof
Michael Webb, Public Works
Director
Packet Pg. 447
Report to Redding City Council March 11, 2024
Re: 4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof Page 2
$15,000, for a total authorized amount of $326,174. Project development costs include engineering, environmental, and consultant services. During construction, the contractor and the City of Redding agreed to leave in place the existing parapet cap due to the complications that would have arose if it was removed pursuant to the plans. The contractor removed certain portions of the parapet caps that needed to be resealed, resulting in one change order in the amount of ($35,161), leaving a balance of $60,161 in the contingency fund. The final project cost was $239,013.
Cost Summary
Awarded Amounts Actual Cost
Project Development Costs $15,000 $15,000
Construction Contract +
Contingency $271,174
Construction Contract + Contract
Change Orders $211,013
Contract Administration &
Inspection $25,000 $13,000
Additional City Manager Authority $15,000 $0
Total $326,174 $239,013
The project involved replacing approximately 5,500 square feet of existing membrane roof with a new PVC membrane roofing system on the roof as well as the inside face of the parapet walls.
Environmental Review
This action, project acceptance, is not a project as defined by the California Environmental Quality Act (CEQA). On October 2, 2023, Council determined that the project is categorically exempt from environmental review under the CEQA Guidelines, pursuant to Section 15301- Existing Facilities. No further action is required.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
^Location Map
Previous staff report 10-02-23
Packet Pg. 448
Packet Pg. 449
Attachment: ^Location Map (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) GI " Y F
CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: October 2, 2023 FROM: Chuck Aukland, Public ITEM NO. 4. 11( d) Works Director
APPROVED BY***
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ukl n l, H' ciblic Wc aks L' reGt ' 9(? t/ 2423 ry ip} in, C"i ana 9,i2/ 7423 [email protected]. ca.us btippin@cityofredding. org
SUBJECT: 4. 11( d)-- Award Bid Negotiation No. 5398 ( Job Order No. 5424) Council Chambers & City Hall Roof Replacement Project
Recommendation
Authorize the following actions relative to Bid Negotiation No. 5398 ( Job No. 5424), Council Chambers and City Hall Roof Replacement Project:
1) Award to Harbert Roofing Inc., in the amount of$246, 174; 2) Approve an additional $ 25, 000 to cover the cost of administration and inspection fees; 3) Approve $ 15, 000 for project development costs;
4) Approve $ 25, 000 to provide construction contingency funding; 5) Authorize the City Manager to approve additional increases in either the construction management or construction contingency amounts up to a total of$ 15, 000; 6) Approve the project design plans, specifications and special provisions; and 7) Find that the Project is categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 - Existing Facilities.
Fiscal Impact
The Council Chambers and City Hall Roof Replacement Project (Project) is being funded by the General Fund as we11 as some American Rescue P1an Act ( ARPA) funds — approximately 20,000- 25, 000. This expenditure was approved in the 2023- 25 Biennial Budget and funding the project will not impact other activities or projects.
Cost Summar
Item Estimated
Pro' ect Develo ment Costs 15, 000
Construction Contract- 3- Contin enc 271, 174
Contract Administration, Tns ection, Testin $ 25, 000
Additional Cit Mana er Authorit 15, 000
Total Pro' ect Costs 326,174
Packet Pg. 450 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) Report to Redding City Council September25, 2023
Re: 4.11( d)-- Award BN No. 5398 Council Chambers& City Ha11 Roof Replacement ProjectPage 2 Project cost components are estimates and some shifting of the project development, construction management, and construction contingency funds may be necessary to balance the project within the approved budget.
Alternative Action
City Council may choose not to award the bid for the project and provide staff with alternate direction. If the project is not awarded, then the Council Chambers and City Halls roof will have continued maintenance since the existing roof has reached the end of its usefullife.
Background/Analysis
The main portion of the City Hall roof was replaced in 2019, however, there was a small section that did not get completed along with the Council Chambers roof. This project will replace approximately 5, 500 square feet of existing membrane roof with a new PVC membrane roofing system. In general, the project improvements wi11 include removing the existing membrane and installing insulation and new PVC membrane on the roof as well as up the inside face of the parapet walls.
Attached is a tabulation of bids received and opened on September 7, 2023, for construction of the project. The low bid in the amount of$ 246, 174 was received from Harbert Roofing Inc., of Redding, California. The engineer' s estimate was $ 200, 000. Total project development costs for this project are estimated to be $ 15, 000. Project development costs include engineering, surveying, environmental, consultant services, construction management, and permit fees.
EnviNonmental Review
Staff has determined that the project is categorically exempt from environmental review under California Environmental Quality Act Guidelines, pursuant to Sections 15301 - Existing Facilities. Class 1 exemptions include the operation, repair, maintenance, or minor alteration of existing public facilities. The project involves the removal and replacement of existing roof on City Hall and the City Council Chambers. This is maintenance activity with no proposed expansion of the buildings or their existing use. The project area has no underlying value for sensitive resources and the project has no potential to have a significant effect on the environment.
Council Priority/ City Manager Goals
This agenda item is a routine operational item.
Attachments
Location Map
Bid Tabulation
Notice of Exemption
Plans
Specifications and Special Provisions
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Packet Pg. 452 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) BID TABULATION FOR:
Council Chambers & City Hall Roof Replacement Project
Bid Schedule No. 5398
ENGINEER' S EST Barth Roofin Com an Inc Harbert Roofin Inc 9/ 5/ 2023 UNIT UNIT UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Water Pollution Control S 1 2, 500. 00 $ 2, 500. 00 0. 00 0. 00 $ 2, 500. 00 $ 2, 500. 00 2 Parapet Cap and Flashing S 1 $ 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 10, 000. 00 $ 40, 738. 00 $ 40, 738. 00 3 Fanfold Underlayment SF 5500 3. 00 $ 16, 500. 00 $ 55, 000. 00 $ 302, O, UfJ. O ' 2. 82 $ 15, 510. 00 4 Walkway Pad LF 157 45. 00 $ 7, 065. 00 $ 9, 000. 00 413, 60.{ 0 35. 00 $ 5, 495. 00 5 Membrane Roof System LS 1 $ 125, 000. 00 $ 125, 000. 00 $ 171, 000. 00 171, 000. 00 $ 181, 931. 00 $ 181, 931. 00 TOTAL - CONTRACT ITEMS 161, 065. 00 304, 94, 000. 0 246, 174. 00 Shaded areas indicate corrections made in accordance with the special provisions.
Shaded areas indicate corrections made in accordance with the Special Provisions. Page 1 of 1 Packet Pg. 453 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398,
NQTICE QF EXEMPTIUN
To: a Office ofPlanning nd Research Fxolvt: City af Redding 1400 Tenth Street, Roam 121 Public Works Department
Sacramento, CA 95814 777 Cypress Avenue
Redd'zng, CA 96t 01
Shasta County Clerk
County of Shasta
P. C}. Box 990880, 1643 Market Street
Redding, CA 96099- Q88Q
Praject TatleB Council Cllarnbers and City Hail Roof Replacement Froiect Praject Lacation— S ecific: 777 Cvpress Avenue
Froject Location— City. Reddin Praject Lacation— Caunty: Shasta Descriptian of Proaect. The City of Reddin proposes to r place the existin roof an Ciiy Hall and on tlie Council Chambers due to a e and deterioration. Work Includes removin and reinstallin} aIl parapet cap and flashin caulking, removin the existing; standing seam metal roof installin a Versico Roofin,g Systerns Versiflex PVC Metnbrane• oofing system and disposin of excess materials. AIl wark will occur on Cii p ertv Name of Public Agency Approving Praject< Czty of Reddin; Name afPerson or Agency Carrying OutProjeet; Corri Vandivar, Praject En ineer Exempt Statusc ( check ane)
Ministerial [ Section 21080( b}( 1); 15268]
Declared Emergency[ Sectian 210$ 0( b)( 3); 15269( a}]
Ernergency Pro ect[ Section 2108d( b){ 4}; 15269( b)]
Statutory Exernptions. State cade number:
Comtncsn Sense Exemption( This praject does not fall within an exempt class, but it can be seen with certainty that there is no passibility that the activiry may have a significant effect on th environrnent( 14 CCR 15061[ b][ 3]}, 0 Categorical Exemption. State type and section number: Sectian 15301. Existing Facilities No exceptions apply that would bar the use of a categarical exernption( PRD 21084 and 14 CCR 15300.2).
Reasons why pra, ect is exempt: Class 1 exernptions include the operatzon, repair, maintenance or minor alteration af existin public facilities The proiect involves the remaval and replacement of the existin roof on Citv Hall and the City Council Chambers. This is a maintenance activity with no proposed ex ansion of the buildin s or their existing use The roject area has no underlyin value for sensitive resources and the project has no potential ta have a si nificant effect on the environment.
Lead Agency Contact Person: Arnber Ka11ey Telephane: 53Q. 225. 4046 If Filed by Applicant:
1, Attach certrfied document of exemption finding.
2. Has a notice of exemptian been filed by the public agency appraving the praject? o Yes No Signature: , Date: '
Title. Environmental Campliance M na
Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
Packet Pg. 454 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) N
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Packet Pg. 459 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) w
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SPECIFICATIONS
For
COUNCIL CHAMBERS AND CITY HALL ROOF REP ACEMENT PROJECT Job No. 5424)
BID NEGOTIATION NO. 5398
Prepared by:
City of Redding
Public Works Department
Engineering Division
a Ess n,y t
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T IVYL P
T CR4- E 3 e
08/ 01/ 2023
Chuck Aukland, City Engineer Date
FOR INFORMATION CONCERNING THIS PROJECT, CONTACT:
Corri Vandiver, 530-245- 7120, cvandiver@cityofredding. org Packet Pg. 460 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
PROPOSAL DOCUMENTS ( BOUND SEPARATELY)
ENGINEER' S ESTIMATE........................................................................................................ P1 PUB IC CONTRACT CODES SECTIONS 10162 & 10232..................................................... P2 PUB IC CONTRACT CODES SECTION 10285. 1................................................................... P3 NONCOLLUSION AFFIDAVIT ................................................................................................ P4 LIST OF SUBCONTRACTORS............................................................................................... P5 SIGNATURE PAGE................................................................................................................. P6 BIDDER' S BOND .................................................................................................................... P7
SPECIA PROVISIONS
NOTICE INVITING BIDS ........................................................................................................... 4 INSTRUCTIONS TO BIDDERS ................................................................................................. 6 PUB IC WORK AGREEMENT................................................................................................. 10 PUB IC WORKS PAYMENT ( ABOR AND MATERIA S) BOND .......................................... 12 PUB IC WORKS PERFORMANCE BOND.............................................................................. 13 PUB IC WORKS MAINTENANCE BOND ............................................................................... 14 SUPP EMENTA DISPOSAL SITE AGREEMENT ................................................................. 15 SUBCONTRACTING REQUEST.............................................................................................. 17 TEMPORARY WASTEWATER DISCHARGE APP ICATION ................................................. 19 REFERENCE DOCUMENTS.................................................................................................... 21 PROJECT INTRODUCTION AND SPECIAL REQUIREMENTS............................................... 22 SCOPEOF THE WORK........................................................................................................ 22 TIMEOF COMP ETION ....................................................................................................... 22 MISCELLANEOUS REQUIREMENTS.................................................................................. 22 PrebidConference........................................................................................................... 22 Preconstruction Conference........................................................................................... 22 Watering ........................................................................................................................... 22 Surface Mining and Reclamation Act ............................................................................. 23 Contract Provision Requiring Personal Certification of all Claims.............................. 23 Construction Area Signs................................................................................................. 24 Sound Control Requirements ......................................................................................... 24 As- Built/ Record Documents............................................................................................ 24 ContractItem List ............................................................................................................ 25 PART 1 GENERAL PROVISIONS............................................................................................ 27 SECTION 1 GENERAL......................................................................................................... 27 SECTION 2 SCOPE OF WORK............................................................................................ 30 SECTION 3 CONTROL OF THE WORK............................................................................... 33 2 Packet Pg. 461 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) SECTION 4 CONTRO OF MATERIA S ............................................................................. 37 SECTION 5 LEGAL RE ATIONS & RESPONSIBILITIES.................................................... 38 SECTION 6 PROSECUTION AND PROGRESS................................................................... 46 SECTION 7 MEASUREMENT AND PAYMENT.................................................................... 46 Drawings...................................................................................................... A- 32878 to A- 32882 3 Packet Pg. 462 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
NOTICE INVITING BIDS
COUNCIL CHAMBERS AND CITY HALL ROOF REP ACEMENT PROJECT Job No. 5424)
BID NOGOTIATION NO. 5398
In accordance with the Municipal Code of the City of Redding, sealed bids will be received at the office of the City Clerk, 777 Cypress Avenue, Redding, CA 96001, until 3 p. m., September 7, 2023 at which time they will be publicly opened and read for the performing of the work as follows:
Replace approximately 5, 500 square feet of existing membrane roof with a new PVC membrane roofing system. The work includes but is not limited to the following: preparing the existing roof by removing the existing membrane roof and installing VersiFlex ( or equal) PVC membrane roof system and continuing the PVC roof system vertically on the inside face of parapet walls.
The Engineer' s Estimate is $ 200, 000. There are 20 working days.
The Contractor shall possess a valid Class A or G39 license at the time bid is opened.
No contractor or subcontractor may be listed on a bid proposal for this project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725. 5. Failure to register prior to bid opening shall cause the bid to be deemed nonresponsive and no exception will be allowed including the renewal exception allowed in Labor Code Section 1725. 5( c).
No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725. 5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
A prebid conference is scheduled between staff and interested bidders at 9: 00 a. m. on August 11, 2023, interested contractors shall meet in the lobby of City Hall. A field trip over/through the proposed site will be conducted following a short project discussion.
Each bid shall be made in accordance with the specifications and proposal requirements thereof and no bid will be received unless it is made on a proposal form furnished by the City Engineer.
Each bid must be accompanied by cash, certified or cashier's check, or original bidder' s bond made payable to the City of Redding for an amount equal to at least ten percent ( 10%) of the total amount of the bid as a guarantee that the Contractor will execute the contract in conformance with his proposal and the specifications. Such Guarantee shall be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.
The City of Redding hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, all businesses will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, gender, disability, or other protected class in consideration for an award.
The State of California general prevailing wage rate shall be the current prevailing wage for each craft, classification, or type of workman needed to execute the contract as determined by the Director of the California Department of Industrial Relations, pursuant to California Labor Code 4 Packet Pg. 463 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) Part 7, Chapter 1, Sections 1770, 1773, and 1773. 1. Copies of the current prevailing wage rates are available on their internet web site at:
www.dir.ca. gov/DLSR/PWD
Copies of referenced Standard Specifications for Public Works Construction, commonly called the " Greenbook," 2021 Edition containing the General Provisions and Standard Technical Specifications may be obtained from Buiiding News, Inc., 990 Park Center Drive, Suite E, Vista CA 92081 ( 888) 264- 2665.
Plans, specifications, proposal, contract forms, and addenda may be obtained at www. cityafreddin .q Qrq/ pwbids at no charge. Supporting documents as required ( i. e. environmental permits, geotechnical reports, record drawings, etc.) will also be posted on this site. Supporting and informational documents are for informational purposes only and for the convenience of the Bidders and are not considered a part of the Contract.
City bid documents are provided electronically and free of charge. It is the responsibility of each prospective bidder to verify the completeness of their printed bid documents before submitting their bid and accompanying executed addenda acknowledgement forms. Users are cautioned that City of Redding does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading, or printing of the contract documents.
The contract documents shall supersede any information posted or transmitted by www. cityofredding. or/ pwbids.
Be advised that the information contained on eit afreddinq. org/pwbids may change and without notice to prospective bidders. It is the responsibility of each prospective bidder to check the City' s website www.cityofredding. arqfpwbids on a daily basis through the close of bids for any applicable addenda or updates. Notifications updates, bidder inquiries, or addenda will not be provided via email or any other method.
For general information please contact the City of Redding Public Works — Engineering office at 530- 225- 4170. For technical questions please contact Corri Vandiver at 530- 245- 7120, cvandiver@cityofredding. org. Bids must be submitted on City supplied forms. No bid will be accepted from a contractor who is not licensed in accordance with the provisions of California Business and Professions Code Sections 7000 et seq. and regulations adopted by the Contractors' State Licensing Board, as amended. The envelope enclosing the proposal shall have stated thereon, " Council Chambers and City Hall Roof Replacement Project, ( Bid Negotiation No. 5398)."
The City Council of the City of Redding reserves the right to accept or reject any and/ or all bids and to make that award which is in the best interest of the City.
CHUCK AUKLAND, CITY ENGINEER
Publishing Dates:
August 7, 2023
5 Packet Pg. 464 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
INSTRUCTIONS TO BIDDERS
A. Introduction
Each proposal shall be made in accordance with the specifications and contract documents prepared by the City of Redding, Public Works Department, Engineering Division, 777 Cypress Avenue, Redding, CA 96001.
B. Bidder' s Understanding
The Bidder shall examine carefully the site of the proposed work and the Contract Documents therefor. The submission of a proposal shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be perFormed and materials to be furnished, and as to the requirements of the contract documents.
C. Preparation and Submission of Proposals
Proposals shall be submitted on the forms provided by the City Engineer and must be signed by the Bidder or his authorized representative. When signing the proposal, please set forth whether the entity/individual is a corporation, a partnership, a joint venture, a sole proprietorship, etc. The name of the person signing the documents, as well as their authorized capacity, must be typed or printed below the signature. Any corrections to entries made on proposal forms shall be initialed by the person signing the proposal.
Bidders must quote on all items appearing on the Proposal form, unless specific directions allow for partial bids. Failure to quote an item means that the item will be provided at no cost. The bidder shall legibly enter unit or lump sum price in figures, for all items required on the Proposal.
When bids on all items are not required, Bidders shall insert the words " NO BID" where appropriate. In case of discrepancy, between unit prices and totals, unit prices will prevail. Failure to legibly quote on items may disqualify the bid. Alternate bids will not be considered unless specifically called for in the proposal form.
Telegraphic and facsimile proposals will not be considered.
In order to insure consideration, the proposal shall be enclosed in a sealed envelope clearly marked PROPOSAL, including the name of the job, and the opening date and filed with the City Clerk, City of Redding, 777 Cypress Avenue, Redding, CA 96001, before the time set forth in the Notice Inviting Bids. Proposals received after the time indicated will be returned unopened whether or not bids are opened exactly at the time fixed in the Notice Inviting Bids.
D. Proposal Guaranty
All Bids shall be accompanied by cash, certified check, cashier' s check, or bidder' s bond executed by a lawfully authorized surety company, made payable to the City of Redding.
The Proposal Guaranty must be enclosed in the same envelope with the proposal. The amount of the Proposal Guaranty shall not be less than 10 percent of the total amount of the Proposal unless otherwise noted in the Notice Inviting Bids. The Proposal will not be considered unless one of the forms of Proposal Guaranty is enclosed with it. Bidder' s Bond shall be dated. 6 Packet Pg. 465 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) A Bidder' s Bond will be accepted only if it is an original made out on either the Bidder's bond form enclosed in these documents or on a form which conforms to it. Bidder' s Bond shall be signed by Bidder and by Surety. Surety's signature shall be notarized and the proof of notary and the power of attorney shall also be original and attached to the original bond at the time the bid is opened. Copies will not be accepted in satisfaction of these requirements.
E. Public Works Contractor Registration Program
All contractors and subcontractors who bid or work on a public works project must register with the Department of Industrial Relations ( DIR) at:
http:// www. dir. ca. qov/ Public- WorkslPublicWorks. html The City will not accept a bid with, enter into a contract with, or allow work on a project from an unregistered contractor. Failure of a prime contractor to register prior to bid opening shall cause the bid to be deemed nonresponsive by the City and no exception will be allowed including the renewal exception allowed in Labor Code Section 1725. 5( c).
An inadvertent error in listing a subcontractor who is not registered pursuant to Labor Code Section 1725. 5 in a bid proposal will be allowed, provided that within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph ( E) of paragraph ( 2) of subdivision ( a) of Labor Code Section 1725. 5.
F. List of Subcontractors
Each bidder shall submit with his Proposal a list of subcontractors in conformance with Section 3- 3, " Subcontractors," of the Standard Specifications. Public Contract Code Section 4104 requires contractors to list subcontractor license numbers at time of bid. Failure to list the license number shall cause the bid to be deemed nonresponsive.
Subcontractor may be listed on more than one Prime Contractor bid.
G. Addenda and Explanations to Bidders
Any explanation regarding the meaning or interpretation of plans, specifications, or other Contract Document shall be requested in writing, with sufficient allowance of time for receipt of reply before the time set for opening of proposals. Any such explanations or interpretations will be made in the form of Addenda to the documents and will be furnished to all listed planholders. Bidders shall acknowledge receipt via email at canstructionbid citYofreddinq. org of all Addenda posted on www. cityofreddin. arqf,pwbids prior to bid opening. Failure to acknowledge receipt of all Addenda via email shall cause the bid to be nonresponsive and may be rejected. Oral explanations and interpretations shall not be binding.
All bidder inquiries must be received 7 calendar days prior to the bid opening. 7 Packet Pg. 466 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) H. Correction of Withdrawal of Proposals
Bid proposal packets shall be submitted to the City Clerk's office prior to the closing date and time indicated in the Notice Inviting Bids. Bid proposal packets shaii not be considered as officially submitted until the Clerk' s office has stamped and accepted the proposals. Once bid proposal packets are officially received, the packets shall not be returned to the bidder and any changes or corrections to the bid proposal shall only be allowed as follows:
1. Request for Correction to Bid Proposal
Any changes or corrections to the bid proposal shall be made in writing, shall clearly define the nature of the changes, and shall be hand delivered to the City Clerk' s office in person prior to the official closing time for submitting proposals. The written changes or corrections shall be submitted in a sealed envelope which has the bidders name and bid schedule number clearly marked on the outside. The envelope shall also clearly indicate on the front that it contains a correction to the original bid.
The Clerk' s office shall stamp the new envelope as" Received" and sign and date the front of the envelope. The bidder ( or the bidder' s representative) and the office staff person shall both sign, date, and print their names over the seal of both the original bid proposal packet and the new envelope containing the corrected documents as evidence that the two envelopes where not opened. In the presence of the bidder ( or the bidder' s representative), the office staff person shall staple the new envelope to the original bid proposal packet.
At the bid opening, the person supervising the bid opening shall open and publicly announce the contents of both the original bid proposal packet and the new envelope with the corrections. The material in both envelopes shall be treated as one document and the correction document shall take precedence in determining the corrected bid amount. The Clerk' s office shall maintain both documents in the bid file along with both sides of the envelopment.
2. Request for Withdrawal of Bid Prior to Bid Opening
Requests for withdrawal of bids shall be made either in person or in writing. No telephonic requests, FAX transmittals, or emails shall be considered for the withdrawal of a bid.
If the request is made in person, the requesting party and the office staff person processing the request shall both sign their names and write the date over the seal on the bid proposal envelope as evidence that it was not opened. The office staff person shall then write on the front of the bid proposal envelope " Bid requested to be withdrawn on [ date] by[ printed name of requesting party]." The office staff person and the requesting party shall then sign, date and print their names on the front of the bid proposal envelope. A copy of the front and back of the bid envelope shall be kept in the bid file.
If the request is made in writing, the office staff person shall sign his/ her name and write the date over the seal of the bid proposal envelope. The office staff person shall then write on the front of the bid proposal envelope " Bid requested to be withdrawn by letter from [ name] dated [ date]." The office staff person shall then sign, date, and print his/ her name on the front of the bid proposal envelope and shall staple a copy of the letter 8 Packet Pg. 467 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) requesting the bid withdrawal to the bid proposal envelope. The original letter and a copy of the front and back of the signed bid envelope shall be kept in the bid file.
At the bid opening, the bid proposal packet will NOT be opened. The bid proposal packet and a copy of the letter requesting withdrawal, if any, shall be returned unopened to the bidder in the same manner as bid securities are returned to unsuccessful bidders. l. B/ D OPEN/ NG
At the time and place fixed for opening of Proposals, the contents of all proposals will be read publicly. All bidders and other interested parties are invited to be present in person or by representatives.
J. PLANS AND SPECIFICATIONS
Upon request, the Contractor will be provided five ( 5) sets of plans ( 11 x 17) and specifications at the Preconstruction Conference. Additional sets will be available from the Engineer at the Contractor' s expense.
9 Packet Pg. 468 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
G I T Y C F
PUBLIC WORK AGREEMENT
A L I F fl l t' J .. ; A'=:
THIS AGREEMENT, made and entered into in duplicate, on the date below written, by and between the CITY OF REDDING, State of California, a Municipal Corporation and General Law, City through its City Council, hereinafter referred to as City, and Contractor
Address
City
hereinafter referred to as Contractor.
WITNESSETH, that, for the considerations hereinafter mentioned, the City and the Contractor agree as follows:
The Contractor agrees, at his own expense, to furnish all labor, materials, tools and equipment, and to perform all the work required to construct and complete in good and workmanlike manner, in strict accordance with the Contract Documents, and to the satisfaction of the City, those improvements entitled:
Project Title
Bid Schedule No. #
Job No. #
The Contract Documents herein referred to consist of the following document:
Notice Inviting Bids General Provisions
Instructions to Bidders Special Provisions
Proposal Addendum
Bidder' s Bond Contract Drawings
Agreement Public Liability Insurance
Payment Bond Fire Insurance
Performance Bond' Workers' Compensation Insurance
It is expressly agreed between the parties hereto that should there be any conflict between the terms of this instrument, or any of the other Contract Documents, and the bid or proposal of the Contractor, then this instrument, together with the other Contract Documents, shall control and nothing therein shall be considered as an acceptance of the terms of said bid or proposal of said Contractor.
The City shall make payments on the account of the Contract as specified in the General Provisions.
Except as provided in Section 12940 et seq. of the Government Code, Contractor shall not discriminate against any person because of his/ her race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sexual orientation, domestic partners, sex gender identify, gender expression, age or other protected class nor refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions or privileges of employment. The Contractor shall insert in all subcontracts for any work covered by this [ agreement/ contract] this nondiscrimination provisions.
Packet Pg. 469 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) The City agrees to pay the Contractor for the performance of the contract, subject to additions and deductions provided therein, the foilowing prices, and the Contractor agrees to receive and accept said following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, and for all loss or damage arising out of the nature of the aforesaid work or from the action of the elements and from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work, and for all expenses incurred by or in consequence of the suspension or discontinuance of the work and for well and faithfully completing the work and the whole thereof in the manner and according to the Contract Documents and the requirements of the City Engineer, to wit:
The Contractor shall commence work within the time period set forth in the General Provisions and shall diligently prosecute the same to completion within working days from the date of the commencement of work.
IN WITNESS WHEREOF, the parties to these presents have hereto set our hands and seals this_ day of 2023.
APPROVED AS TO FORM: CITY OF REDDING
By: By:
City Attorney Mayor
Name of Contractor
ATTEST: Type of Entity
By:
City Clerk Taxpayer ldentification
By:
Name" as Filed with IRS
By:
Contractor
By:
Seal)
Packet Pg. 470 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) BOND NO.:
C TY ( F
F-- f
PUB IC WORKS PAYMENT ( ABOR AND MATERIA S) BOND
C A L f F C1 R 1
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, athe City Council of the City fo Redding, a Municipal Corporation, in the State of California as Owner, has on conditionally awarded to as Principal, a Contract to do and perform the following work to- wit:
as will more full appear in said Contract, the terms and conditions of said contract being fully incorporatred herein by this reference; and
WHEREASE, under the terms of the Contract and pursuant to Chapter 5 of Title 3 of Part 6 of Division 4 of the California Civil Code ( commencing with Civil Code 9550), Principal is required to furnish a good and sufficient payment bond to secure payment of the claims to which reference is made in Civil Code Section 9554; NOW, THEREFORE, we, the Principal and a corporation duly authorized and admitted to transact business and issue surety bonds in the State of California, hereinafter call Surety, are held and firmly bound unto the Owner, and unto all persons or entities entitled to assert a claim against a payment bond under any of the aforesaid Civil Code provisions in the penal sum of Dollars ($ lawful
money of the United States of America, for the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLICATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay for any materials or equipment furnished or used in perFormance of the Contract, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or the Employment Development Department from wages of employees of the Contractor and ail subcontractors with respect to such work or labor, then the Surety shall pay the same in an amount not to exceed the sum specified above. If suit is brought upon this bond, Surety shall pay, in addition to the above sum, all costs, expenses and fees, including attorney' s fees, reasonably incurred by any party in successfully enforcing the obligation secured hereby, all to be taxed as costs and included in any judgment rendered. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect, and shall bind Contractor, Surety, their heirs, executors, administrators, successors and assigns, jointly and severally.
It is hereby stipulated and agreed that this bond shall insure to the benefit of all persons, companies, corporations, political subdivisions, State agencies and other entities entitled to assert a claim against a payment bond under any of the aforesaid Civil Code provisions, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. Furthermore, and for valuable considerations, Surety hereby waives the provisions of California Civil Code Sections 2819, 2845, and 2849.
IN WITNESS WHEREOF, we have hereto set our hands and seals on this day of APPROVED AS TO FORM:
Principal
City Attorney By:
ATTEST: Seal)
Pamela Mize, City Clerk Name of Surety
By: Seal)
Attorney-In- Fact
12 Packet Pg. 471 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) Bond No.:
CITY QF
PUB IC WORKS PERFORMANCE BOND
A L I F 4 R trt F' A,'
KNOW ALL MEN BY THESE PRESENTS
THAT WHEREAS, the City Council of City of Redding, a Municipal corporation, as Owner, at its regular meeting held on , has awarded to as Principal, a contract to do and perForm the following work to- wit:
as wiil more fully appear in said contract, the terms and conditions of said contract being fully incorporated herein by this reference.
WHEREAS, said Principal is required under terms of said contract to furnish a bond for the faithful performance of said contract;
NOW, THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the Owner in the sum of lawful money of the United States of America, for the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall in all things stand to and abide by, and well truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof as there provided, on his or their part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the Owner, its officers, and agents as therein stipulated then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
If said Owner shall require any further or other bond for its protection in the premises, such further or other bond shall be furnished by the Principal with Surety or Sureties satisfactory to the Owner within ten days after notice of such requirement is given to the Principal, and in case of failure on the part of the Principal to comply with said requirement, the Owner shall have the right, at its option, to terminate said contract with said Principal.
IN WITNESS WHEREOF, we have hereto set our hands and seals on this_ day of APPROVED AS TO FORM:
Principal
City Attorney By:
ATTEST: Seal)
Pamela Mize, City Clerk Name of Surety
By: Seal)
Attorney-I n- Fact
13 Packet Pg. 472 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) C T c F
Bond No.:
PUB IC WORKS MAINTENANCE BOND
C A L i F C} R f 8 l , k ,
KNOW ALL MEN BY THESE PRESENTS
THAT WE, the undersigned, as Principal, and
a corporation organized and existing under the laws of the State of California, and authorized to do business in the State of California, as Surety, are held and firmly bound unto the CITY OF REDDING, hereinafter called Obligee, in the sum of
Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, we do hereby jointly and severally bind ourselves, our heirs executors, administrators, successors, and assigns firmly by these presents.
WHEREAS, said Principal has heretofore entered into a contract with the Obligee above named for and
WHEREAS, the work called for under said contract has been completed and accepted by said Obligee:
NOW, THEREFIREM THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall, for a period of one year( s) from and after the day of indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship which may be discovered within the period aforesaid, then this obligation shall be void; otherwise the same shall remain in full force and effect.
IN WITNESS WHEREOF, we have hereto set our hands and seals on this_ day of APPROVED AS TO FORM:
Principal
City Attorney By:
ATTEST: Seal)
Pamela Mize, City Clerk Name of Surety
By: Seal)
Attorney- In- Fact
14 Packet Pg. 473 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
SUPPLEMENTAL DISPOSAL SITE AGREEMENT
Contract B/ S No.:
Job No.:
Chuck Aukland
City Engineer
777 Cypress Avenue
Redding, CA 96001
Dear Sir:
In accordance with Section 401, Removal, of the Standard Specifications, the following agreement for usage of the disposal site for subject contract is submitted, as required prior to disposal of said materials.
WHEREAS, Contractor has entered into Contract B/ S No. with the City of Redding, hereinafter called " City," for the performance of work on and
WHEREAS, pursuant to the authority of said Contract,
Contractor, and Owner have entered into an
agreement under which Contractor may dispose of materials on Owner's Property.
NOW THEREFORE, pursuant to said Contract B/ S No. Contractor and Owner hereby notify the City that disposal of materials by Contractor on Owner' s property located at will be done pursuant to agreement
between Contractor and Owner and not pursuant to the arrangement between the City and Owner, dated and Owner specifically agrees that the City is hereby released from any and all obligations to Owner under the City' s said arrangement with Owner.
Date Owner
Date Contractor
By:
Authorized Agent
Title
c: City Engineer
Contractor
Property Owner
Resident Engineer
15 Packet Pg. 474 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) CONTRACT PROVISION REQUIRING PERSONAL CERTIFICATION OF ALL CLAIMS:
I, being the
must be an officer) of
General Contractor), declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that I have thoroughly reviewed the attached claim for additional compensation and/ or extension of time, and know it' s contents, and said claim is made in good faith; the supporting data is truthful and accurate/that the amount requested accurately reflects the contract adjustment for which the Contractor believes the owner is liable; and, further, that I am familiar with California Penal Code Section 72, pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment and/or other severe legal consequences.
Submission of a claim, properly certified, with all required supporting documentation and written rejection or denial of all or part of the claim by owner, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor. 16 Packet Pg. 475 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
SUBCONTRACTING REQUEST
Project:
Contractor Name & Address:
Subcontractors Bid Item % of Bid Item
Describe Work When Less
Dollar Amount Based on Bid
Name, Business, Address, Phone) Number( s) Subcontracted than 100% of Work is
Amount
Subcontracted
I certify that the Standard Specifications and Special Provisions for labor set forth in the contract apply to the subcontracted work.
Contractor Signature: Date:
This section is to be completed by the Resident Engineer
1. Total of Bid Items
2. Specialty items previously approved ( if applicable, see note in the instructions)
3. Total ( lines 1+ 2)
4. Contractor must perform with own forces( lines 1 minus 2) x %
5. Bid items subcontracted
6. Balance of work Contractor to perform ( line 1 minus 5) Approved:
Resident Engineer Date:
17 Packet Pg. 476 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM All First- tier subcontractors shall be included on a subcontracting request.
Submit in accordance with Section 1- 6 of these Special Provisions. Type or print requested information. A copy is to be retained by the Contractor. Submit to project' s Resident Engineer.
After approval, the original will be returned to the Contractor.
When an entire item is subcontracted, the value to be shown is the Contractor' s bid price. When a portion of an item is subcontracted, describe the portion, and show the percent of bid item and value.
18 Packet Pg. 477 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) C 1 T Y O F
Return completed application to:
f' City of Redding, Public Works
Industrial Waste Division
P. O. Box 496071
C A L I F C) R iV I: A ' Redding, CA 96049-6071
530- 224- 4319 Fax 530- 224- 6052
TEMPORARY WASTEWATER DISCHARGE APPLICATION
Submit at least two weeks prior to anticipated discharge to the Public Works Industrial Waste Division.
T e or rint clearl , attach additional sheets if necessa .
Company Name: Site Address: Telephone:
Responsible Party: Mailing Address, City, State, Zip: Telephone:
Contact Person: Mailing Address, City, State, Zip: Telephone:
Cell hone: EmaiL Fax:
Property Owner: Mailing Address, City, State, Zip: Telephone:
Emergency Contact Person: Title: Telephone: After hour phone:
Correspondence to be sent to: Responsible Party Contact Person Property Owner Other:
Billing to be sent to: Responsible Party Contact Person Property Owner Other:
B
I have read this application and the attached material. The information provided is accurate and complete.
Signature: Printed Name, Title Date
C
Nature of discharge: Groundwater well purge for sampling Excavation Water Tank Cleaning Water Other:
Type of Contamination: Petroleum products Sediment Chlorine Other:
Description of liquid treatment, storage, and disposal activity:
Discharge will be: Intermittent Continuous Flow rate: gal/minute Estimated Measured Total Volume: gal Estimated Measured Proposed Discharge Dates from: to Discharge location ( submit site layout drawing( s), including discharge and sample points):
Pollutants and concentrations ( submit analytical results):
Solid residue disposal method:
Notes:
19 Packet Pg. 478 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) p
Site proposing temporary discharge must be connected to the City of Redding sanitary sewer.
Sewer Account No.: Billed to:
Other businesses on account:
List other environmental control permits held by this operation:
EPA ID Number:
Notes:
Office Use Only
Received by: Permit Number: Issue Date: Expiration Date: Manhole WWTP:
Number: Stillwater
Clear Creek
Permit Fee: Volume Unit Cost: Volume Cost: Connection Fee: Total Cost:
500 billed by City Discharge: 6. 59/ CCF Billed at the end Industrial Waste at CCF = 748 gallons) of the project
the end of the 8. 81/ 1000 gallons
project. Prices valid through
12/ 31/ 23
Notes: Volume cost is waived on water and sewer line projects managed by the City of Redding Public Works Department.
Supplemental Information Required:
Plumbing Plans Site Plan Pretreatment Facilities Water Meter on Site City Meter Needed Analytical Reports Required: Petroleum Products Solids Chlorine Residual Other Notes:
Date Requested: Date Received: Approved by: Approval Date:
20 Packet Pg. 479 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
REFERENCE DOCUMENTS
Standard Specifications for Public Works Construction
Standard Specifications for Public Works Construction ( SSPWC) the " Greenbook," 2021 Edition and current supplements as amended, prepared by the Southern California Chapter of American Public Works Association, and the Southern California District, Associated General Contractors of California, relates to the Work of this Project and is hereby made a part of this Contract as though fully contained herein.
The Contractor is hereby specifically directed, as a condition of the Contract, to obtain the necessary number of copies of Standard Specifications for Public Works Construction, to acquaint himself with the Articles contained therein, and to notify and apprise all subcontractors and any other parties to the Contract, or individuals or agencies engaged in the work, as to its contents.
No contractual adjustments shall be due or become critical as a result of failure on the part of the Contractor to fully acquaint himself with the conditions of Standard Specifications for Public Works Construction.
Copies of Standard Specifications for Public Works Construction commonly called the Greenbook," 2021 Edition and current supplements, may be obtained from Building News, Inc., 990 Park Center Drive Suite E, Vista, CA (888) 264- 2665.
City of Redding Construction Standards
The documents hereinafter referred to as the " City Standards" shall be the current version posted on the City of Redding website:
https://www.cifiyofreddin . or / departments/ public-works/engineering/ canstruction- standards Other Reference Specifications
Where other reference specifications such as those of ASTM, AASHTO, etc., have been referred to, the applicable portion of such specifications shall become a part of these Contract Documents.
In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of the conflicting portions. 21 Packet Pg. 480 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
PROJECT INTRODUCTION AND SPECIA REQUIREMENTS
SCOPE OF THE WORK
The work to be performed under this contract consists of the following:
Replace approximately 5, 500 square feet of existing membrane roof with a new PVC membrane roofing system. The work includes but is not limited to the following: preparing the existing roof by removing the existing membrane roof and installing VersiFlex ( or equal) PVC membrane roof system and continuing the PVC roof system vertically on the inside face of parapet walls.
TIME OF COMP ETION
Attention is directed to Sections 6- 1 and 6- 3 of the General Provisions, " Construction Schedule and Commencement of Work" and " Time of Completion." In accordance with the provisions of these Subsections, the Contractor shall begin work within fifteen ( 15) days after the date of the Notice to Proceed thereafter diligently prosecute the same to completion within a period not to exceed twenty ( 20) working days. The contract time shall commence on the fifteenth day after the Notice to Proceed or on the date of commencement of the work, whichever occurs first.
MISCE ANEOUS REQUIREMENTS
Prebid Conference
A prebid conference is scheduled between staff and interested bidders at 9: 00 a. m. on August 11, 2023, interested contractors shall meet in the lobby of City Hall. A field trip over/through the proposed site will be conducted following a short project discussion.
Preconstruction Conference
A meeting will be scheduled between staff and the successful bidder at a time and place determined by the Engineer to review the project plans, specifications, and any special requirements of the funding program.
Watering
Watering shall consist of developing a water supply and furnishing all water required for the work, including water used in the performance of work paid for as extra work, and applying all water.
Developing a water supply may include obtaining water for contract purposes from fire hydrant( s) located at or near the work site as determined by the City of Redding Water Division or from private sources provided by the Contractor at his expense. If he obtains water from a fire hydrant, the Contractor shall install a hydrant meter and control valve on the fire hydrant designated as the water source. The Contractor shall obtain the hydrant meter and control valve from the City of Redding Water Division.
The cost of the hydrant meter and control valve are as follows:
22 Packet Pg. 481 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
25. 00 ( nonrefundable; payable when picked up)
225. 00 refundable deposit for any nonpayment on account and/ or repairs to hydrant meter and control valve; payable when picked up)
255. 65 ( monthly charge for 3- inch hydrant meter and control valve; billed monthly) The cost of water is $ 1. 53/ CCF.
In the event that a water truck or tank is filled directly from a fire hydrant, there shall be either an air gap or a backflow device acceptable to the City Water Division on the filler pipe.
Full compensation for developing a sufficient supply of water required for the work shall be considered as included in the prices paid for the various contract items of work involving the use of water and no separate payment will be made therefor.
Full compensation for applying water will be considered as included in the prices paid for the various contract items requiring water and no separate payment will be made therefor, except that applying water for work paid for extra work in accordance with Section 7- 4, " Payment for Extra Work," will be paid for as a part of said extra work.
Surface Mining and Reclamation Act
Attention is directed to the Surface Mining and Reclamation Act of 1975, commencing in Public Resources Code, Mining, and Geology, Section 2710, which establishes regulations pertinent to surface mining operations.
Material from mining operations furnished for this project shall only come from permitted sites in compliance with the SurFace Mining and Reclamation Act of 1975, and listed in the California Department of Conservation' s Office of Mine Reclamation 3098 list.
The requirements of this section shall apply to all materials furnished for the project, except that the Contractor, with the approval of the Engineer, may use in the proposed construction such stone gravel, sand, or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excavation of those materials at the contract price for excavation, but the Contractor shall replace at the Contractor' s expense with other suitable material all of that portion of the material so removed and used which was contemplated for use in the work, except that the Contractor need not replace, at the Contractor' s expense, any material obtained from structure excavation used as structure backfill. No charge for materials so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the project location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer.
Contract Provision Requiring Personal Certification of all Claims The Contractor's attention is directed to the Contract Provision Requiring Personal Certification of all Claims found in the Agreement. The Contract Provision Requiring Personal Certification of all Claims shall be completed and included with any claim for additional compensation and/ or extension of time.
23 Packet Pg. 482 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) Construction Area Signs
Construction area signs shall be furnished, installed, maintained, and removed when no longer required in conformance with the plans and these speciai provisions. The Contractor shall be fully and completely responsible for the furnishing, installing, and maintaining all construction area signing. This requirement shall apply continuously and not be limited to working hours.
The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following:
Notification Center Telephone Number
Underground Service Alert- Northern California ( USA) 811 Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes.
Full compensation for " Construction Area Signs" shall be considered as included in the contract price paid for in the items involved and no separate payment will be made therefor.
Sound Control Requirements
The noise level from the Contractor's operations, between the hours of 8: 00 p. m. and 7: 00 a. m., shall not exceed 86 dbA at a distance of 50 feet without the written approval of the Engineer. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
As- Built/ Record Documents
The Contractor shall keep and maintain on the Project Site, one record set of the Contract Documents, which shall be updated weekly to reflect current as- built conditions of the Work as it progresses and document changes to the Work shown on the Project Plans.
Record Documents shall be produced by marking a full- size ( 22" x34") copy of the Project Plans.
The Contractor' s as- built information shall be clear and legible, marked in red, and at a minimum identify the following: the exact horizontal and vertical location of all installations in their finished condition, including all underground work and components; all electrical, plumbing and mechanical installations; all changes in construction, materials and installed equipment; and buried or concealed construction and utility features that are revealed during the course of 24 Packet Pg. 483 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) construction. Special attention shall be given to recording of all buried utilities that differ from locations indicated in the Contract Documents.
The updated drawings shall be available for review by the Engineer and Inspector. Failure to comply with the preparation and submission of as- builts may result in the Engineer withholding the current progress payment, or be subject to administrative deductions as per Section 7- 3. 2.
Where specified in the Special Provisions or Technical Specifications as a condition to certification of final completion, the Contractor shall provide the original Record Documents, together with a certification by the Contractor that the Record Documents are a true representation of the Work as actually constructed. Timely submission of complete Record Documents shall be a condition to certification of final completion and to final payment. Delays in the submission of complete Record Documents may subject the contractor to liquidated damages.
Full compensation for As-Built/ Record Documents shall be considered as included in the contract price paid for the various items of work and no additional compensation will be allowed therefor.
Contract Item List
Water Pollution Control
Attention is directed to Section 3- 12. 6, " Water Pollution Control," of the special provisions.
Parapet Cap and Flashing
Contractor shall remove all parapet cap and flashing including weather caulking and sealer, store in a safe place, and re install all parapet cap and flashing back to original location and reseal with City approved caulking to provide a waterproof application.
The contract lump sum price paid for" Parapet Cap and Flashing" shall include full compensation for furnishing all materials, labor, tools, equipment, and incidentals and for doing all the work involved in removing, removal of existing caulking sealer, storing, reinstalling, and sealing parapet cap and flashing, disposal of excess materials, complete in place, as shown on the plans, as specified in these special provisions, and as directed by the Engineer.
Fanfold Underlayment
Contractor shall place R- Tech Fanfold Underlayment or approved equal per manufacturer' s directions.
The contract price paid per square foot for" Fanfold Underlayment" shall include full compensation for furnishing all materials, labor, tools, equipment, and incidentals and for doing all the work involved in installing fanfold underlayment to manufacturer' s directions, furnishing all fasteners taking into account existing cricket height( s), disposal of excess materials, complete in place, as shown on the plans, as specified in these special provisions, and as directed by the Engineer.
Membrane Roof System
Contractor shall remove and dispose of existing membrane roofing and furnish and install Versico Roofing Systems Versiflex PVC Membrane 60 millimeter fully adhered roofing system or City approved equal. The installation of the new roofing materials shall be per the manufacturer' s 25 Packet Pg. 484 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) installation instructions. The Contractor is to proceed with the work only when weather forecasts are favorable and meet the manufacturer' s recommended limitations for installation. The Contractor is responsible for protecting the building from rain and inclement weather once work has begun and making repairs as a result of any rain damage. The contractor will need to remove and replace the existing standing seam metal roof to be able to install the new PVC membrane far enough up the pitch ( approximately two- feet). The metal standing seam roof should be able to be unhooked from the cleat at the base and be reused. Some pieces may get damaged and will need to be replaced with matching color and style.
Contractor shall provide the City with a manufacturer' s 20- year warranty on all workmanship, labor, and materials to be free of any defects for the new membrane roof at the completion of the project.
The contract lump sum price paid for "Membrane Roof System" shall include full compensation for furnishing all materials, labor, tools, equipment, and incidentals and for doing all the work involved in removing of existing membrane roofing, disposal of excess materials, installing membrane roofing system, replacing any damaged pieces of existing standing seam roof, providing the City with a 20-year manufacturer warranty complete in place, as shown on the plans, as specified in these special provisions, and as directed by the Engineer.
Cricket
The Contractor shall construct Cricket( s) with rigid foam ( or approved equal) to create positive drainage prior to applying roof system shown on the plans, as specified in these special provisions, and as directed by the Engineer.
Full compensation for all labor, materials, tools, equipment, and incidentals for doing the work involved in the construction of Cricket ( s) complete in place shall be included in the prices paid for the other various contract items of work involved and no additional compensation will be allowed therefor.
Walkway Pad
Contractor shall install Versico Roofing Systems Walkway Pad or approved equal compatible pad with the membrane roof system per manufacturer's directions on new roofing.
The contract price paid per linear foot for " Walkway Pad" shall include full compensation for furnishing all materials, labor, tools, equipment, and incidentals and for doing all the work involved in furnishing and installing walkway pad( s), disposal of excess materials, complete in place, as shown on the plans, as specified in these special provisions, and as directed by the Engineer. 26 Packet Pg. 485 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) PART 1 GENERA PROVISIONS
SECTION 1 GENERAL
1- 1 General
The following terms are added:
Wherever in these documents the words " City" or "Agency" appear, it shall be understood to refer to and indicate the City of Redding, a general law city, existing under and by virtue of the laws of the State of California.
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered at or sent by registered mail to the last business address known to him who gives the notice."
1- 2 Terms and Definitions
Definitions are amended or added as follows:
1. Bid Guaranty—The cash, cashier's check, certified check, or bidder' s bond accompanying the Bid as a guaranty that the Bidder will enter into a contract with the Agency for the performance of the work.
2. Board, Council, and Agency— The officer or body constituting the awarding authority of the Agency.
3. City, Contractor, and Engineer- The City, Contractor, and Engineer are those as defined in the Standard Specifications. They are treated throughout the contract document as if each were of the singular number and masculine gender.
4. Date of Execution of the Contract — The date on which the Contract is signed by the Agency's authorized representative.
5. Plans — The drawings, profiles, cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Plans may either be bound in the same book as the Specifications or bound in separate sets, and are part of the Contract Documents regardless of the method of binding.
6. Standard Specifications — Standard Specifications for Public Works Construction SSPWC) the " Greenbook," 2021 Edition and current supplements as amended, prepared by the Southern California Chapter American Public Works Association, and the Southern California Districts, Associated General Contractors of California. 27 Packet Pg. 486 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) 1- 6 BIDDING AND SUBMISSION OF THE BID
1- 6. 1 General
Add the following paragraph:
When an item of work is designated as ( S) in the Bid or Proposal, the estimated quantity for that item of work shall be designated as a " Specialty Item." 1- 7 AWARD AND EXECUTION OF THE CONTRACT
1- 7. 1. 1 Acceptance or Rejection of Proposals
The City reserves the right to reject any and all proposals. Without limiting the generality of the foregoing, any proposal which is incomplete, illegible, or irregular may be rejected; any proposal having erasures or corrections in the price sheet may be rejected; any proposal in which the unit price is omitted or in which the unit price is obviously unbalanced may be rejected; any proposal accompanied by an insufficient or irregular bid security may be rejected. 1- 7. 1. 2 Forfeiture of Proposal Guaranty
If a bidder should, after being awarded the contract, fail to execute the contract and furnish the necessary bonds, certifications, and insurance in the manner and within the time provided in these specifications, the bid security shall be forfeited to the City as liquidated damages, and the award of the contract shall be annulled.
1- 7. 1. 3 Return of Proposal Guaranties
All securities will be returned except that of the successful bidder and that of the next lowest bidders up to four( 4), which the City will hold until the contract documents have been executed and the required contract bonds and insurance have been submitted by the successful bidders and accepted by the City or until bids are rejected.
1- 7. 1. 4 Award of Contract
Any contract awarded will be to the lowest responsible bidder who submits a responsive bid. Any award will be made within 90 days after the opening of the proposals. The period of time specified above within which the award of contract may be made shall be subject to extension. All bidders who submitted a bid that was not rejected will be asked to extend their bids.
All bids will be compared on the basis of the Engineer' s estimate of the quantities of work to be done.
1. 7. 1. 5 Execution of Contract
The contract in form and content satisfactory to the City shall be executed by the bidder to whom the contract is awarded and returned, together with all required bonds, policies, and certificates, within 10 days, ( not including Sundays and legal holidays), after award of the contract. No proposals shall be considered binding on the City until the contract has been executed by all parties thereto.
28 Packet Pg. 487 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) 1- 7. 1. 6 Early Start to Work
The Contractor may start job site activities before receiving notice of Contract approval under the following conditions;
1. Submit the contract, bonds, and insurance listed in 1- 7. 1. 5, Execution of Contract.
2. Provide a letter to the City with at least 72- hour notice requesting an early start of work.
3. Request and obtain an encroachment permit from the City.
4. Receive written approval from the City Engineer to start work.
5. Perform work at your own risk.
6. If the Contract is approved, work already performed that complies with the Contract is authorized.
7. If the Contract is not approved, the Contractor shall leave the job site in a neat condition, restore the site or facility to its former condition or equal. The City will not pay for this work.
8. The City does not adjust working days for work performed before Contract approval.
9. Ground disturbing/job site activities are still subject to the requirements of the Water Pollution Control Plan or Storm Water Pollution Prevention Plan. 1- 7. 2 Contract Bonds
Delete this section in its entirety and add the following:
Before execution of the Contract by the Agency, the Bidder shall file with the Agency surety bonds satisfactory to the Agency in the amounts and for the purposes noted below. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California shall be issued by a surety who is listed in the latest revision of the U. S.
Department of Treasury Circular 570, is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract. The Bidder shall pay all bond premiums, costs, and incidentals.
Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the surety shall be notarized.
The Bidder shall provide two good and sufficient surety bonds. The" Payment Bond" ( Material and Labor Bond) shall be for not less than 100 percent of the contract price, to satisfy claims of material suppliers and of inechanics and laborers employed by it on the work. The bond shall be maintained by the Contractor in full force and effect until the Work is accepted by the Agency, and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.
The " Performance Bond" shall be for 100 percent of the contract price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and workmanship will be free from original or developed defects. In 29 Packet Pg. 488 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) addition, the Performance Bond shall include a one- year Maintenance Bond which shall begin upon acceptance of the Work. The amount of the Maintenance Bond shall be for 50 percent of the final contract price. The Maintenance Bond shall be submitted on the form contained in these specifications or on a form which conforms to it prior to release of final payment ( less retention) for the work.
Should any bond become insufficient, the Contractor shall renew the bond within ten ( 10) days after receiving notice from the Agency.
Should any Surety at any time be unsatisfactory to the Agency, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the Agency.
Changes in the Work, or extensions of time, made pursuant to the contract, shall in no way release the Contractor or Surety from their obligations. Notice of such changes or extensions shall be waived by the Surety."
SECTION 2 SCOPE OF WORK
2- 2 PERMITS
Add the following paragraph( s):
The Contractor and any subcontractor working under the Contractor shall obtain a City business license prior to doing any work on a job site in the City. It shall be the responsibility of the Contractor, who is signature to the Contract, to notify their subcontractor( s) to abide to this requirement. In the event a required business license is not obtained, the City shall give the Contractor written notice of 10 days to correct the deficiency. In the event the business license( s) is not obtained, the City shall withhold the estimated cost of the license( s) from the next payment to the Contractor until the license is obtained. If during the course of construction, a City business license expires and the Contractor or subcontractor continues to work, these same provisions will apply."
The Contractor shall obtain all required Building Division permits for the work on this project.
Project plans have been checked and approved by the Building Division and are ready to be released to the Contractor at time of permitting. Permit fees, development fees, etc., will be waived for all work associated with this project.
2- 4 COOPERATION AND COLLATERAL WORK
Add the following paragraph:
Any mechanical unit requiring removal to complete the roofing project will be disconnected and reconnected by the City's HVAC Contractor at the City's expense. If the contractor determines that any unit needs to be lifted out of the way, that shall be done( lifted and placed back in original location) at the contractor' s expense. The mechanical units may not be inoperable for more than three ( 3) business days, and the Contractor shall coordinate the schedule with the Engineer for approval a minimum of two weeks prior to commencement of work.
30 Packet Pg. 489 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) 2- 10 DISPUTED WORK
Delete the first paragraph in its entirety and replace with the following:
In accordance with Public Contract Code Section 9204 the following shall apply to any claim by Contractor:
Claim" means a separate demand by a contractor, which inciudes any of the following. 1) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City, ( 2) payment by the City of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, 3) payment of the amount that is disputed by the City.
Upon receipt of a claim sent by registered mail or certified mail with return receipt requested, the City will conduct a review of the claim and, within a period not to exceed 45 days, will provide a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City and Contractor may, by mutual agreement, extend the time period provided in this subdivision.
The Contractor shall furnish reasonable documentation to support the claim.
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.
If the Contractor disputes the City' s written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally. The City and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim.
Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If inediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the time frames in this section. 31 Packet Pg. 490 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contractor Code Section 20104. 4 to mediate after litigation has been commenced.
This section does not preclude the City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if inediation under this section does not resolve the parties' dispute.
Failure by the City to respond to a claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City' s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was perFormed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the City shall furnish reasonable documentation to support the clam. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the original Contractor did not present the claim, provided the subcontractor with a statement of the reasons for not having done so.
A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that ( 1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and ( 2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the time frames and procedures set forth in this section."
The second paragraph of Section 2- 10 is amended to read:
Although not to be construed as proceeding under extra work provisions, the Contractor shall keep records of Disputed Work in accordance with Section 7- 4, and shall furnish the records to the Agency by the close of the next working day following each date that the Disputed Work is performed. Failure to create and maintain the required records will operate as a waiver of the Disputed Work claim. Failure to present the records to the Agency in the time required herein shall operate as a waiver of the Disputed Work claim for each date that the records are not timely presented."
32 Packet Pg. 491 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) SECTION 3 CONTRO OF THE WORK
3- 2 SELF- PERFORMANCE
The first sentence of the first paragraph is amended to read:
The Contractor shall perform within its own organization, contract work amounting to at least 25 percent of the contract price..."
3- 3 SUBCONTRACTORS
The second paragraph is amended to read:
before work starts, the Contractor shall submit to the Engineer for approval a Subcontracting Request form listing the name, business address, contractor license number, Department of Industrial Relations Public Works Contractor Registration Number, and a description and value of each portion of Work..."
3- 5 INSPECTION
Add the following paragraph:
The City will not make inspections on weekends, holidays, or outside the normal work hours of 7 a. m. to 5 p. m. except when agreed to by the Engineer. At the Engineer' s direction compensation may be demanded of the Contractor if overtime inspections are required withheld from monies due the Contractor)."
3- 8 SUBMITTALS
3- 8. 4 Supporting Information
Delete Item M and add the following:
m) Data, including, but not limited to, make model, serial number, manufacturer, catalog sheets, manufacturer's brochures, technical bulletins, and other information necessary to describe a system, product or item. The City will furnish the Contractor with electronic spreadsheet forms ( Microsoft Excel) to be completed and submitted to the Engineer. This information is required for motors, instruments, electrical equipment and panels, valves, and pumps as specified in the technical specifications, shown on the plans, directed by the Engineer or these Special Provisions.
n) Operations and Maintenance ( O& M) manuals shall be furnished as specified in the technical specifications and these Special Provisions. The Contractor shall furnish an electronic Adobe Acrobat ( pdf) copy of the O& M manual. o) Training shall be provided as specified in the technical specifications and these special provisions. Where applicable the Contractor shall provide video training electronically. 33 Packet Pg. 492 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) 3- 10 SURVEY
3- 10. 1 General
Add the following:
The Contractor' s attention is directed to Section 400- 2, Permanent Survey Markers." 3- 12 WORK SITE MAINTENANCE
3- 12. 6 Water Pollution Control
Delete sections 3- 12. 6. 1 through 3- 12. 6. 3 in their entirety and replace with following:
Prior to any construction activity, the Contractor shall prepare, submit, and obtain approval of a Water Pollution Control Plan ( WPCP) that addresses both temporary and permanent erosion control Best Management Practices ( BMPs) for stormwater and non- stormwater discharges associated with all construction activities. Contractor shall submit the WPCP to the Engineer within 7 calendar days of the Notice to Proceed date. The Contractor shall maintain copies of the WPCP at the project site and it shall be available during construction.
The Contractor shall know and fully comply with applicable provisions of all Federal, State, and local regulations and requirements that govern the Contractor' s operations and stormwater and non- stormwater discharges from both the project site and areas of disturbance outside the project limits during construction. Approval of the WPCP shall not relieve the Contractor of any liability for violations of Federal, State, and local regulations and requirements relating to water pollution.
The WPCP shall address stormwater and non- stormwater discharges from the construction area and from areas immediately outside the project site which are directly related to construction activities for this contract including, but not limited to, material borrow areas, staging areas, storage yards and access roads. The Contractor shall implement, inspect, and maintain the required water pollution control practices. Installing, inspecting, and maintaining water pollution control practices in areas outside the right- of-way not specifically arranged and provided for by the City of Redding for the execution of this contract, will not be paid for.
The Contractor shall be responsible for penalties assessed or levied on the Contractor or the City of Redding as a result of the Contractor's failure to comply with the provisions in this section " Water Pollution Control" including, but not limited to, compliance with the applicable provisions of Federal, State, and local regulations and requirements as set forth therein.
Penalties include payments made or costs incurred due to stop work orders, work suspension, scheduled days, and/ or Contractor delays or in settlement for alleged violations of applicable laws, regulations, or requirements. Costs incurred could include sums spent instead of penalties, due to agency or City imposed requirements or to remediate or correct violations, or damages resulting from stop work orders, work suspension, or scheduled days.
WPCP Preparation and Approval
The WPCP shall be prepared by a Qualified Stormwater Pollution Prevention Plan ( SWPPP) Developer ( QSD), a registered Civil Engineer experienced in erosion control, or a certified professional Erosion and Sediment Control Specialist, unless otherwise approved by the Engineer. Implementation, monitoring, and maintenance of BMPs shall be by or under the 34 Packet Pg. 493 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) supervision of same. The WPCP should be commensurate with the size, timing, duration, location, and scope of the project. It shall address soil and wind erosion, sediment control, tracking control, non- stormwater management, waste management, and pollutant/ materials control. The WPCP shall be submitted to the Engineer for review and approval within 7 calendar days of the NTP. The Engineer will be allowed 7 calendar days to review. No ground disturbing work shall occur until the WPCP has been approved by the Engineer. Upon the Engineer' s approval of the WPCP, the WPCP shall be considered to fulfill the provisions in this section, " Water Pollution Control," for development and submittal of a Water Pollution Control Program.
All BMPs shall be designed, installed, maintained, and otherwise managed pursuant to the provisions set forth in the most recent revision of the California Department of Transportation ( Caltrans) Stormwater Quality Handbook, Construction Site BMP Manual, or the most recent revision of the California Stormwater Quality Association CASQA), California Stormwater PMP Handbook for Construction. The Contractor may recommend equivalent erosion control applications that provide equal or better performance for consideration and approval by the Engineer.
The WPCP shall incorporate water pollution control BMPs that are necessary to prevent erosion and sediment loss on and off the project site for the duration of the project. All stormwater shall be treated on- site using appropriate BMPs such that runoff leaving the work site is free of silt, sand, sediment, debris, concrete products, trash, and other materials which may degrade water quality. Storm runoff from one area shall not be diverted to another runoff area unless approved by the Engineer. Runoff water may be directed into permanent stormdrain systems during construction provided that mud and silt is removed from the runoff before entering the stormdrain system.
WPCP Implementation
If there is a discrepancy between the WPCP and these special provisions, the special provisions shall supersede. Unless otherwise specified, upon approval of the WPCP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, maintaining, replacing, removing, and disposing of temporary water pollution control practices, and installing, constructing, inspecting, maintaining, and replacing permanent water pollution control practices specified in the WPCP. The duration of work includes that time period between initial mobilization to the site and acceptance of the work.
All BMPs shall be installed and properly maintained as required by the Caltrans or CASQA Handbooks prior to any precipitation. If the Contractor or the Engineer identifies a deficiency in the implementation of the approved WPCP, the deficiency shall be corrected immediately unless requested by the Contractor and approved by the Engineer in writing, but shall be corrected prior to the onset of precipitation. Unless otherwise directed by the Engineer, the Contractor' s responsibility for WPCP implementation shall continue throughout temporary suspensions of work.
The Contractor shall notify the Engineer at least 3 days in advance of non- stormwater discharge events. The Contractor shall notify the Engineer of the operations causing nonstormwater discharges and shall obtain approval from the Engineer for non- stormwater discharges.
Retention of Funds
35 Packet Pg. 494 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) Notwithstanding any other remedies authorized by law, the City of Redding may retain money due the Contractor under the contract, in an amount determined by the City of Redding, up to and including the entire amount of Penalties proposed, assessed, or levied as a result of the Contractor' s violation of Federal, State, or local law, regulations, or requirements. Funds may be retained by the City of Redding until final disposition has been made as to the Penalties.
The Contractor shall remain liable for the full amount of Penalties until such time as they are finally resolved with the entity seeking the Penalties.
When the City or a regulatory agency identifies a failure to comply with Federal, State or local requirements, the City will retain money due the Contractor, in the amount of 10 percent of the work done to date or any fine whichever is greater. This amount is in addition to the retention specified in Section 9- 3. 2, Partial and Final Payment, of these special provisions, subject to the following: The City will give the Contractor written notice of the City' s intent to retain funds from partial payments which may become due to the Contractor prior to recording of the Notice of Completion.
Payment
The contract lump sum price paid for" Water Pollution Control" shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in developing, preparing, obtaining approval of, revising, and implementing the WPCP. Implementation of the WPCP includes installing, constructing, maintaining, removing, and disposing of BMPs including non- stormwater and waste management water pollution control practices as provided for in the approved WPCP and as directed by the Engineer.
No additional payment will be made to correct deficiencies in the approved WPCP. Payments for" Water Pollution Control" will be made as follows:
A. After the WPCP has been approved by the Engineer, 75 percent of the contract item price for "Water Pollution Control" or $ 5, 000 whichever is less will be included in the monthly progress payment.
B. The payment for the balance of the contract item price for" Water Pollution Control" will be made with the final progress payment.
No additional payment will be made for any BMPs necessary to correct deficiencies in the approved WPCP.
Water pollution control BMPs for which there is a contract item of work, will be measured and paid for as that contract item of work.
3- 12. 6.4 Dewatering
Add the following after the second paragraph:
Temporary Wastewater/ Discharge
In the event that the Contractor proposes to discharge any groundwater, runoff, or other project required dewatering to the City' s wastewater collection system, the Contractor will be required to submit a Temporary Wastewater Discharge Application. The Contractor shall submit the application to the City Industrial Waste Division a minimum of two weeks prior to any temporary discharge into the City sanitary sewer system. The Contractor may be responsible for water sampling prior to discharge if the City determines contamination may exist.
36 Packet Pg. 495 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) At no time shall the Contractor discharge any groundwater, run- off, potable water, or other non- storm water into the storm drain system, creeks, streams, ditches, or other conveyances whereby the water could enter such areas without obtaining written approval from the Regional Water Quality Control Board and the Engineer. Existing discharge permits obtained by the City of Redding for Water Utility operations shall not be used for this purpose.
The cost for the Temporary Wastewater Discharge Application is as follows:
500 Filing Fee
8. 81/ 1, 000 gallons ( Prices valid through 12/ 31/ 2023) Volume Cost Full compensation for temporary wastewater discharge shall be considered as included in the prices paid for the various contract items of work involving temporary wastewater discharge and no separate payment will be made therefor.
3- 13 COMP ETION, ACCEPTANCE, AND WARRANTY
3- 13. 3 Warranty
Delete the fourth paragraph and add the following:
The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work that may prove defective in workmanship or materials within that period, ordinary wear and tear and unusual abuse or neglect excepted, together with any other work which may be damaged or displaced in so doing.
In the event of failure to comply with the above mentioned conditions within a reasonable time after being so notified in writing, the Engineer is authorized to have the defects repaired and made good at the expense of the Contractor who will pay the costs and charges therefore immediately upon demand.
The signing of the agreement by the Contractor shall constitute execution of the above guaranties. A contract maintenance bond shall remain in full effect during the guaranty period and will not be released until the expiration of such period. Said bond shall be in an amount equal to 50 percent of the final contract price. The Maintenance Bond shall be submitted on the form contained in these specifications or on the form which conforms to it prior to release of final payment ( less retention) for the work."
SECTION 4 CONTROL OF MATERIALS
4- 1 GENERA
Add the following sentence to the first paragraph:
If required by the Engineer, the Contractor shall furnish duplicate invoices to the Engineer on all material furnished to the job."
Add the following paragraph:
37 Packet Pg. 496 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay for the expense of the removal within 10 days written notice, the City may sell such material at auction or at private sale, and may account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor."
4- 1. 2 Protection
Add the following after the first sentence of the first paragraph:
Unless otherwise specifically stated in the special provisions, any existing equipment or material either to be salvaged or reused in the work shall be restored and protected by the Contractor and shall remain the property of the Agency. Equipment shall be removed with care to prevent unnecessary damage."
SECTION 5 LEGA RE ATIONS & RESPONSIBILITIES
5- 1 AWS AND REGULATIONS
Add the following after the first paragraphs:
Contractor shall post job site notices as prescribed by regulation." Title VI Assurances
During the performance of this Agreement, the Contractor, will ensure that no person is excluded from participating in, denied the benefits of, or otherwise subjected to discrimination under any of its projects, activities, or services and business opportunities on the basis of race, color, national origin, age, sex, or disability as afforded by Title VI of the Civil Rights Act of 1964 and related statutes, as amended. All persons, regardless of their citizenship status, are covered under this regulation.
Equal Employment Opportunity Clause
During the perFormance of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, medical disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation of such persons. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, domestic partners, or national origin. Such action 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, including apprenticeship. The Contractor agrees to post in conspicuous spaces, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 38 Packet Pg. 497 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
2. The Contractor will, in all solicitations or advertisement solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, domestic partners, or national origin.
3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representatives of the Contractor' s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order NO. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of abor.
5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of abor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor' s noncompliance with the nondiscrimination clauses of this contract or with any rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further City contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the portion of the sentence immediately preceding paragraph ( 1) and the provisions of paragraphs( 1) through( 7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the City to enter into such litigation to protect the interests of the City."
5- 3 LABOR
5-3. 2 Prevailing Wage
Add the following paragraphs:
All contractors and subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner ( aka Division of Labor Standards Enforcement). 39 Packet Pg. 498 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) The Contractor and its agents shall comply with Sections 1771, 1774- 1776, 1777. 5, 1813, and 1815 of the Labor Code.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision ( a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926. 1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter."
5- 3. 3 Payroll Records
Add the following paragraph:
When submitting certified payroll, eliminate the social security number. Should the City request certified payrolls with social security numbers, hard copies shall be provided.
Disclaimer:
Electronic submission of information is offered for convenience of the submitting party. When submitting any information electronically, the submitting party agrees and accepts full responsibility for such submission( s), including, but not limited to, any subsequent disclosure by the City, intentional, or otherwise. The City accepts no responsibility or liability for any information submitted electronically."
40 Packet Pg. 499 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) 5- 3. 5 Apprentices
Add the following after the first paragraph:
The provisions in Section 1777. 5 and Section 1777. 6 of the California Labor Code concerning the employment of apprentices shall be complied with by the Contractor or any subcontractor under him.
The responsibility for compliance with this section for all apprenticeship occupations shall rest solely with the prime Contractor.
Compliance with California Labor Code Section 1777. 5 requires all public works contractors and subcontractors to:
Submit contract award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be perFormed under the contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed.
Employ apprentices on the public work in a ratio to journeymen of no less than one hour of apprentices work for every five hours of labor performed by a journeyman.
Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077.
Contribute to the training fund in the amount indicated in the PWR publication for journeymen and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P. O. Box 420604.
Information relative to apprenticeship standards, wages schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from Sacramento of Division of Apprenticeship Standards, Telephone ( 916) 263- 2877." 5- 4 INSURANCE
Delete Sections 5- 4. 1 through 5- 4.4 in its entirety and replace with following:
Liability Insurance and Auto Insurance
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
The Contractor shall furnish the Agency a policy or certificate evidencing liability insurance with original endorsements effecting coverage required by this subsection. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Agency before work commences.
41 Packet Pg. 500 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the Agency shall be the insured or named as an additional insured covering the work, whether liability is attributable to the Contractor or the Agency. Except as provided for in Subsection 6- 5, the Agency, its officers, officials, employees, and agents are to be covered as insured for general liability and automobile liability, as respects: liability arising out of activities performed by or on behalf of the Contractor; with limits of liability indicated below and including coverage no less than the following:
1 Premises and operations.
2 Products and completed operations. Completed Operations iability shall be kept in force for one year after the date of final acceptance by the City. 3 Contractual liability insuring the obligations assumed by the Contractor in this contract.
4 Broad form property damage ( including completed operations). 5 Fire legal liability, Explosion, Collapse and Underground Nazards. 6 Personal Injury Liability.
7 Independent Contractors.
The coverage shall provide the following minimum scope and limits:
1. Insurance Services Office Commercial General iability coverage ( occurrence form CG 001) in the amount of$ 1, 000, 000 per occurrence for bodily injury, personal injury, and property damage.
2. Insurance Services Office Automobile Liability Code 1 ( any auto) ( form CA 0001, Ed 1/ 87), in the amount of$ 1, 000, 000 per accident for bodily injury and property damage.
3. Course of Construction Insurance providing coverage for all ` Yisks" of loss in the amount of the completed project value.
Insurance is to be placed with insurers with current A.M. Best' s rating of not less than A-: VII.
Any deductibles or self-insured retentions must be declared to and approved by the Agency.
At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its officers, officials, employees, and agents; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All liability policies shall bear an endorsement or shall have attached a rider whereby it is provided that:
1. The Agency, its officers, officials, employees and agents are added as additional insureds.
42 Packet Pg. 501 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
2. For any claims related to this project; the Contractor's insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees, and agents shall be excess of the Contractor' s insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agency, its officers, officials, employees, or agents.
4. The Contractor' s insurance 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.
5. In the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statue but in no event less than 30 days before expiration or cancelation is effective.
Course of construction policies shall bear an endorsement or shall have attached a rider whereby it is provided that:
1. The Agency shall be named loss payee.
2. The insurer shall waive all rights of subrogation against the Agency.
The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsement of each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
Workers' Compensation Insurance
Said certification is included in the contract by reference and signature and return of the contract shall constitute signing and filing of said certificate.
The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of the contract Workers' Compensation Insurance, with limits as required by the Labor Code of the State of California and Employee' s Liability with limits of $ 1, 000, 000 per accident. The Workers' Compensation insurance must be accompanied by a Waiver of Subrogation endorsement. The Contractor shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The agency, its officers, officials, employees, and agents, will not be responsible for any claims in law or equity occasioned by failure to the Contractor to comply with this paragraph.
All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective.
No separate payment will be made for insurance. Payment shall be considered as included in the contract price.
43 Packet Pg. 502 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) 5-4. 5 Contractor' s PerFormance
To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the City and its officials, employees, agents, representatives and volunteers from and against any and all losses, claims, demands, damages, costs, expenses, attorney' s fees, or liability of every nature arising out of or in any way connected with the performance or attempted perfiormance of the provisions of this Contract, caused in whole or in part by any negligent or willful act or omission of the Contractor, regardless of whether caused in part by a party indemnified hereunder. Nothing contained in the foregoing indemnity provisions shall be construed to require the Contractor to indemnify the indemnified party in contravention of Section 2782 of the Civil Code for the active or sole negligence or willful misconduct of that indemnified party.
To the fullest extent permitted by law, the Contractor' s duty to defend shall extend, without limitation, to any suit or action founded upon any losses, claims, demands, damages, costs, expenses, attorney' s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions hereof, or in any way arising out of or connected with this Contract.
The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, liability occasioned as a result of the violation by the Contractor, the Contractor' s agents, employees, or independent contractors, subcontractors, or suppliers of any provisions of federal, state or local law, including applicable administrative regulations.
The defense and indemnity obligations also expressly extend to and include any claims, demands, damages, costs, expenses, or liability occasioned by injury to or death of any person, or any property damage to property owned by any person while on or about the site or as a result of the Work, whether such persons are on or about the site by right or not, whenever the Work is alleged to have been a contributing cause in any degree whatsoever.
In claims against any person or entity herein indemnified that are made by an employee of the Contractor or an employee of any of the Contractor' s agents, independent contractors, subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the Contractor' s agents, independent contractors, subcontractors or suppliers, or anyone for whose acts the Contractor or any of the Contractor's agents, independent contractors, subcontractors, or suppliers may be liable, the defense and/ or independent contractors, subcontractors, or suppliers under workers' compensation acts, disability acts, or other employee benefit acts.
The defense and indemnification obligations herein shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of non-delegable duty.
The defense and indemnities set forth herein shall not be limited by the insurance requirements set forth in the Contract.
The defense and indemnification requirements herein set forth shall extend to claims occurring after this Contract is terminated as well as while it is in force.
Indemnification of Adjacent Property Owners
In the event the Contractor enters any agreement with the owners of any adjacent property to enter upon or adjacent to such property for the purpose of performing this Contract, the Contractor shall fully indemnify, defend and save harmless such person, firm, or corporation, state or other 44 Packet Pg. 503 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) governmental agency which owns or has any interest in the adjacent property. The form and content of the indemnification agreement shall be approved by the Agency prior to commencement of any work on or about such property. The Contractor also shall indemnify the Agency, its officers, officials, employees, agents, representatives, and volunteers a provided in the Contract. These provisions shall be in addition to any other requirements of the owners of adjacent property."
5- 7 SAFETY
5- 7. 1 Work Site Safety
5- 7. 1. 1 General
Add the following:
Accidents
The Contractor shall provide at the site, such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work.
The Contractor must promptly report in writing to the Engineer all incidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to the site, which caused death, personal injury, or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the incident shall be reported promptly by telephone or messenger to both the Engineer and owner, if other than Agency.
If any claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim."
5- 7. 4 Hazardous Substances
Add the following paragraphs:
When applicable, the Contractor shall file with the Redding Fire Department and the Shasta County Department of Public Health, hazardous materials release response plans and inventories ( business plans) and Shasta County Department of Public Health fees for the prevention and mitigation of hazardous material releases in accordance with Chapter 6. 95 of the California Health and Safety Code.
Contractors, including subcontractors, shall not perform work on or around City of Redding Asbestos Cement Pipe ( ACP) infrastructure unless the Contractor has had and can provide appropriate documentation of approved ACP initial and refresher training in compliance of all federal, State and local laws, regulations and standards.
Training Requirements
No employee or contractor is permitted to handle or work on or around ACP without completing an approved training course on ACP."
45 Packet Pg. 504 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) SECTION 6 PROSECUTION AND PROGRESS
6- 1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6- 1. 1 Construction Schedule
Add the following after the first paragraph:
A weekly construction schedule shall be furnished in writing, if required by the Engineer, one working day prior to the first working day of the week to which the schedule is pertinent. The weekly construction shall be in such form and in such detail as to accurately and clearly show the major type and location of the work to be performed during the work week. In addition, all requests for survey work required to be provided by the City shall be a part of this schedule." 6- 2 PROSECUTION OF THE WORK
Add the following paragraph:
Work Done by the Agency for the Contractor
The City will not perform any work for the Contractor except in emergency situations or as otherwise agreed to by the Engineer. The City will be reimbursed for any work done for the Contractor ( withheld from monies due the Contractor). This will include all costs ( direct straight time or overtime wages, all overhead, administration, engineering, vehicle, and equipment costs)."
6- 9 IQUIDATED DAMAGES
Delete this section in its entirety and add the following:
Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified, as adjusted in accordance with Subsection 6- 4, for completion of the Work the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of$ 1, 000.
Execution of the Contract shall constitute agreement by the Agency and Contractor that 1, 000 per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the Work within the allotted time, that such sum is liquidated damages and shall not be construed as penalty, and that such sum may be deducted from payment due the Contractor if such delay occurs."
SECTION 7 MEASUREMENT AND PAYMENT
7- 2 UMP SUM WORK
Add the following section:
Lump Sum Cost Schedule of Values
The Contractor shall furnish to the Engineer a schedule of values for each contract lump sum item of work described in this section.
46 Packet Pg. 505 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) The Contractor shall determine the quantities required to complete the work shown on the plans. The quantities and values shall be included in the schedule submitted to the Engineer for approval. The Contractor shall be responsible for the accuracy of the quantities and values used in the schedule submitted for approval. Any quantities shown on the plans or noted in these specifications are approximate and shall be considered as informational only.
No adjustment in compensation will be made in the contract lump sum prices paid for the various work items due to any differences between the quantities shown in the cost breakdown furnished by the Contractor, or the planned quantities, and the quantities required to complete the work as shown on the plans and as specified in these special provisions.
The sum of the amounts for the units of work listed in the cost break- down shall be equal to the contract lump sum price bid for the work. Overhead, profit, bond premium, temporary construction facilities, plant and other items shall be included in each individual unit listed in the cost break- down and shall not be listed separately.
The cost break- down shall be submitted to the Engineer for approval within 15 days after the contract has been approved. The cost break- down shall be approved, in writing, by the Engineer before any partial payment for the lump sum items of work will be made.
At the Engineer's discretion the approved cost break-down schedule may be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment in compensation for the item or items of work due to changes ordered by the Engineer. When an ordered change increases or decreases the quantities of an approved schedule, the adjustment in compensation may be determined at the Engineer' s discretion in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with Section 2, " Scope of the Work" of the Standard specifications and elsewhere in these special provisions."
7- 3 PAYMENT
7- 3. 1 General
Add the following paragraphs:
In accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his or her employees.
Attention is directed to the provisions of Sections 10262 and 10262. 5 of the Public Contact Code and Section 7108. 5 of the Business and Professions Code concerning prompt payment to subcontractors.
The Contractor shall return all moneys withheld in retention for the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract perFormance or noncompliance by a subcontractor." 47 Packet Pg. 506 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) Delete the last sentence of the eighth paragraph and substitute the following:
Prior to the expiration of 60 days from the date of completion, or as prescribed by law, the amount deducted from the final progress pay estimate and retained by the Agency will be paid to the Contractor, except 125 percent of such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. Upon settlement of all notices to stop payment, any remaining funds held by the Agency, less an amount for expenses incurred by the Agency in conjunction with the notice( s) to stop payment will be paid to the Contractor." Add the following paragraph:
Manufacturers' warranties and guarantees furnished for materials used in the work and instruction sheets and parts lists supplied with materials shall be delivered to the Engineer prior to acceptance of the project."
7- 3. 2 Partial and Final Payment
The first paragraph shall read:
The closure date for the purpose of making monthly progress payments shall be the last Friday of the month."
Delete the third paragraph and substitute the following:
From each progress payment, 5 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. Administrative deductions for missing documents including, but not limited to, as- builts, product warranties, operation and maintenance manuals, and bonds may be taken. Each administrative deductions withheld will be a minimum of$ 5, 000 and a maximum of$ 25, 000.
In accordance with Labor Code Section 1771. 5( b) 5, the Agency shall withhold contract payments when payroll records are delinquent or inadequate.
In accordance with Labor Code Section 1771. 5( b) 6, the Agency shall withhold contract payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred." Add the following after the last paragraph:
Final Pay Quantities
When an item of work is designated as ( F) or (S- F) in the Engineer's Estimate, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.
48 Packet Pg. 507 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) The estimated quantity for each item of work designated as ( F) or ( S- F) in the Engineer's Estimate shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.
In case of discrepancy between the quantity shown in the Engineer's Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineer's Estimate." 7- 3. 3 Delivered Materials
Add the following paragraph:
When an item of work is designated as ( P) the Agency will include in the progress payments 50 percent of the cost of materials delivered but not incorporated in the work when requested by the Contractor. Before these costs will be included, the Contractor must present to the Engineer, copies of his invoices.
7- 4 PAYMENT FOR EXTRA WORK
7- 4.2 Basis for Establishing Costs
7- 4. 2. 1 Labor
The first paragraph is amended to read:
The cost of labor shall be the actual wages paid which shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and apprenticeship funds. To the actual wages paid will be added a labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates found at the following web site.
http:/Iwww.dot. ca. qov/ hg/ construc/ equipmnt. html
The rates are in effect on the date upon which the work is accomplished. The labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws including, but not limited to, workers' compensation insurance, and liability insurance." 7- 4. 2. 3Too1 and Equipment Rental
Delete the second paragraph and add the following:
Regardless of ownership; the latest edition of the State of California Department of Transportation equipment rental rates shall be used to determine equipment rental costs." 7- 4. 3 Markup
Delete this section in its entirety and add the following:
a. Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute full payment for all overhead and profit. 49 Packet Pg. 508 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof) Overhead costs shall include, but not be limited to such items as project superintendence, project managers, field and home office expenses.
1) abor 35%
2) Material 15%
3) Equipment Rental & Other Items 15%
4) Subcontractor Work 10% ( this markup may be applied a maximum of one time to the extra work bill)
b. Work by Subcontractor. When extra work is performed by a subcontractor, the following percentages shall be added to the subcontractor' s costs and shall constitute full payment for all overhead and profit.
Overhead costs shall include, but not be limited to such items as project superintendence, project managers, field and home office expenses.
1) Labor 35%
2) Material 15%
3) Equipment Rental & Other Items 15%
4) Second- Tier Subcontractor 10% ( this markup may be applied a maximum of one time to the extra work bill)
50 Packet Pg. 509 Attachment: Previous staff report 10-02-23 (4.11(c)--Project Acceptance, Bid Negotiation No. 5398, Council Chambers and City Hall Reroof)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the following:
(1) Approve the Sixth Amendment to Consulting and Professional Services Contract (C7420) with GHD, Inc, for a total not to exceed fee of $1,670,929, an increase of $358,389, for engineering services for the Downtown Streets Circulation Project; (2) Authorize the Mayor to execute the Amendment; and
(3) Authorize the City Manager to execute additional contract amendments up to $50,000.
Fiscal Impact
The design of the California Street Bikeway Project (Bikeway Project) is funded by Affordable Housing and Sustainable Communities (AHSC) Redding Downtown Loop and Affordable Housing Project – Round 2 grant funds. Currently, there are adequate project funds budgeted to cover the costs for the contract amendment.
Alternative Action
The City Council (Council) may choose not to authorize the amendment and provide staff with alternate direction. Without the proposed amendment, staff, along with GHD, Inc, (GHD) will not be able to incorporate design changes and modifications required to complete the design for the California Street Bikeway Project. This will result in the project not being complete for construction and could jeopardize the loss of AHSC grant funds for not completing the project improvements.
MEETING DATE: March 19, 2024
ITEM NO. 4.11(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(d)--Approve the Sixth Amendment to Consulting and Professional Services Contract (C-7420) for design and construction support for the Downtown Circulation Project.
Michael Webb, Public Works
Director
Packet Pg. 510
Report to Redding City Council March 12, 2024
Re: 4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj Page 2
Background/Analysis
In October of 2016, the Department of Housing and Community Development awarded the City of Redding (City) and K2 Development Company, Inc., (K2) AHSC Program funding in the amount of $20 million for the Redding Downtown Loop and Affordable Housing (RDLAH) Project located at 1551 Market Street. The RDLAH Project included construction of a four-story, mixed-use building and a subterranean parking facility. In addition, the RDLAH Project included reestablishment of the formerly abandoned street rights-of-way and reconstruction of pedestrian and bicycle-friendly streets along portions of Market, Yuba, and Butte Streets known as the Downtown Streets Circulation (DSC) Project; as well as constructing a separated two-way bikeway on California Street known as the California Street Bikeway Project. The RDLAH and DSC Projects were completed in February 2021.
On June 20, 2017, the Council authorized the Mayor to execute a Consulting and Professional Services Contract with GHD to provide design services for the DSC Project and Bikeway Project. The City has been collaborating with GHD and other external partners and stakeholders, including California Department of Transportation (Caltrans) and Shasta Living Streets, to develop the design for the Bikeway Project. The Bikeway Project proposes to construct a 15 to 19-foot separated two-way bikeway, also referred to as a cycletrack, on California Street from Yuba Street to Division Street. The Bikeway Project work includes constructing curbs and curb ramps, asphalt concrete paving, intersection signal installations, storm drainage improvements, pavement markings, and other miscellaneous items of work.
The Bikeway Project has presented many design challenges not anticipated in the grant application process including complications using standard traffic control devices (signals) for the operation of the cycletrack with motor vehicles, identification of excessive pavement shoulder cross slopes and drainage constraints. In addition, the challenge of constructing a twoway cycletrack in Caltrans right-of-way for the first time in Caltrans District 2 has required significantly more collaboration and engineering coordination. There is also a need to do additional traffic analysis to ensure effective operation of nearby downtown streets due to proposed traffic flow alterations.
In addition to increased design challenges, the Bikeway Project was underfunded for construction. Staff has been able to secure additional construction funding anticipated to completely fund the total project costs. The additional sources of funding include approximately $2.7 million from Caltrans for construction in the state right-of-way. The City is currently working with Caltrans on a cooperative agreement for the funding and staff will be bringing this agreement to Council in the near future. On February 6, 2024, Council accepted and budgeted $500,000 in Carbon Reduction Program grant funding to supplement project funds for improvements in the City right-of-way.
Due to these unforeseen challenges and increased effort to develop and coordinate design, redesign solutions, and meet new grant funding requirements, an amendment to GHD’s contract is warranted.
The Amendment has been approved to form by the City Attorney.
Packet Pg. 511
Report to Redding City Council March 12, 2024
Re: 4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj Page 3
Environmental Review
This action is not a project as defined by the California Environmental Quality Act (CEQA), and no action is required at this time. Staff will request a CEQA determination form Council when the contract is awarded for construction for the California Street Bikeway Project.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work and play in the City of Redding.” • Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^Location Map
6th Amendment to Agreement (C-7420)
Agreement (C-7420)
1st Amendment
2nd Amendment
3rd Amendment
4th Amendment
5th Amendment
Previous Staff Report 06-2017
Previous staff report 01-24-22
Packet Pg. 512
Packet Pg. 513 Attachment: ^Location Map (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Packet Pg. 514
Attachment: 6th Amendment to Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Packet Pg. 515
Attachment: 6th Amendment to Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Packet Pg. 516
Attachment: 6th Amendment to Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Packet Pg. 517
Attachment: 6th Amendment to Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Packet Pg. 518
Attachment: 6th Amendment to Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Packet Pg. 519
Attachment: 6th Amendment to Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation
CITY OF REDDING
CONSULTING AND PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is made at Redding, California, by and between the City ofRedding(" City"), a municipal corporation, and Omni-Means, Ltd., (" Consultant") for the purpose of Design and Construction Support for the Downtown Streets Circulation Project.
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 Exhibit 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 Nine Hundred Sixty Thousand Dollars ($ 960,000). 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 ofthe 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 shall be paid within thirty (30) calendar days ofreceipt.
D. Pursuant to Section 1781 of the Labor Code, Consultant is advised that the work contemplated in Tasks 2 and 3 of Exhibit A are subject to the payment of prevailing wages and all other requirements ofthe 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 PREVWAGE-Consulting and Professional Services Contract
Leff).Oita t. l 2cl r 7 Page l
Rev. 02/ 17
Packet Pg. 520 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) to Section 1777. 5 ofthe Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815of the Labor Code and the obligation set forth in Section 1774- 1776 ofthe Labor Code in regards to payment ofprevailing 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 ofIndustrial Relations pursuant to Labor Code Section 1725. 5. No 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 November 9, 2017, and complete said work no later than December 31, 2019. Time is ofthe essence.
B. IfConsultant fails to perform its duties to the satisfaction ofCity, or ifconsultant 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, ifthe 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 ofCity' 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 ofthis Section.
PREVWAGE-Consulting and Professional Services Contract
Rev. 02/ 17
Packet Pg. 521 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) E. In the event that City gives notice oftermination, 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 ofservices 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 ofthis 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 ofthe services rendered by Consultant.
G. In no event shall the termination or expiration ofthis Contract be construed as a waiver ofany 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 ofthis 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 PREVWAGE- Consulting and Professional Services Contract
Rev. 02/ 17
Packet Pg. 522 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) 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 underthe Public Employee Retirement System or be eligible for any other City benefit.
E. No provision ofthis 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 ofthis 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 ofits 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 ofCity, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in PREVWAGE-Consulting and Professional Services Contract
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Packet Pg. 523 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) 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 oforresulting from City' s use or modification of any reports, data, documents, drawings, specifications or other work product prepared by Consultant, except for use by City on those portions ofthe 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.
L. Permitted Transfer. Notwithstanding subsection F. above, this Contract may be transferred to and assumed by GHD Inc., a California corporation, Consultant' s parent company, effective with the merger of Consultant into GHD Inc. Consultant will provide prior written notice of the effective date of such merger to the City. As successor- in-interest to Contractor, GHD Inc. will be bound by and will perform the Contract in accordance with its terms and conditions and will assume all obligations and liabilities of,and any claims against Contractor, under the Contract as ifGHD Inc. were the original party to the Contract.
SECTION 5. INSURANCE
A. Unless modified in writing by City' s Risk Manager, Consultant shall maintain the following noted insurance during the duration ofthe Contract:
Coverage 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;
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2. Insurance Services Office form number CA-0001 ( Ed. 1/ 87), Comprehensive Automobile Liability Insurance, which provides for total limits ofnot less than 1, 000,000 combined single limits per accident applicable to all owned, nonowned and hired vehicles;
3. Statutory Workers' Compensation required by the Labor Code ofthe 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;
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 ofthe 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 ofConsultant' s insurance and shall not contribute with it.
3. Coverage shall state that the insurance ofConsultant 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.
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4. Each insurance policy required by this Contract 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 ofno less than A-VII.
F. Consultant shall designate the City ofRedding as a Certificate Holder ofthe insurance.
Consultant shall furnish City with certificates ofinsurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: Risk Management Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City' s Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates ofinsurance and endorsements required have not been provided, or not been provided in a timely manner.
G. The requirements as to the types and limits ofinsurance coverage to be maintained by Consultant as required by Section 5 ofthis Contract, and any approval of said insurance by City, are not intended to and will not in any 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 ofinsurance required by this Section is a" claims made" policy, pursuant to Code ofCivil Procedure§ 342 and Government Code§ 945. 6, Consultant shall keep said insurance in effect for a period of eighteen ( 18) months after the termination of this Contract.
I. If any damage, including death, personal injury or property damage, occurs in connection with the performance ofthis 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 ofinjured 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.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Consistent with California Civil Code§ 2782. 8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2782. 8, Consultant shall, to the fullest extent PREVWAGE-Consulting and Professional Services Contract
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Packet Pg. 526 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) 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 ofthe 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.
B. Other than in the performance ofprofessional 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 ofthem, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses( including, but not limited to, reasonable attorney' s fees ofthe 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 ofthe City.
C. The Consultant' s obligation to defend, indemnify and hold harmless shall not be excused because ofthe Consultant' s inability to evaluate liability. The Consultant shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. Ifthe 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 ofthe duties required ofConsultant 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.
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Packet Pg. 527 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) 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.
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 ofCity, 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 ofthis Contract.
C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent ofCity. 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. Ifany portion ofthis Contract or the application thereofto any person or circumstance shall be invalid or unenforceable to any extent, the remainder ofthis 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 ofany party ofany provision or a breach ofthis Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach ofthe 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 ownjudgment, beliefand knowledge ofthe 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 ofthis 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 ofeach ofthe Parties. Accordingly, no party shall be deemed to have been the drafter hereof,and the PREVWAGE- Consulting and Professional Services Contract
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Packet Pg. 528 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) 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 ajury trial cannot be or has not been waived.
H. In the event of a conflict between the term and conditions ofthe body ofthis Contract and those ofany exhibit or attachment hereto, the terms and conditions set forth in the body ofthis 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 ofthe Contract.
SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Consultant shall comply with all applicable laws, ordinances and codes offederal, state and local governments.
B. In the performance of this Contract, Consultant shall not discriminate against any employee or applicant for employment because ofrace, 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 Derick Beard, email dbeard@city ofredding.org. telephone number( 530) 225- 4177, fax number( 530) 245- 7024. All of Consultant' s questions pertaining to this Contract shall be referred to the above-named person, or to the representative' s designee.
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Packet Pg. 529 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) B. Consultant' s representative for this Contract is Russell Wenham, [email protected]. telephone number ( 530) 242- 1700, fax number ( 530) 242- 1711. 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.
SECTION 11. NOTICES
A. All notices, requests, demands and other communications hereunder shall be deemed given only ifin writing signed by an authorized representative of the sender( may be otherthan 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:
Derick Beard Russ Wenham, P.E.
City ofRedding-Engineering Division Omni-Means, Ltd.
777 Cypress Avenue 330 Hartnell Avenue, Suite B
Redding, CA 96001 Redding, CA 96002
B. Either party may change its address for the purposes ofthis 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 ofthe 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 ofthe 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 ofcompensation allowable to Consultant or otherwise substantially change the scope ofthe services provided herein.
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Packet Pg. 530 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) SECTION 13. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.
IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and year set forth below:
CITY OF REDDING,
A Municipal Corporation
Dated: ii) <' , 2017
By: BRENT WEAVER, Mayor
ATTEST: APPROVED AS TO FORM:
BARRY E. DeWALT
City Attorney
147,,/r)(441 116- z?e, iC
PAMELA MIZE, ity Clerk By:
CONSULTANT
Omni-Means, Ltd.
Dated: 2017 cD174By: bous T Raj
PQifv& iPAL
Department of Industrial Relations No.: / 00000 f 872.
Tax ID No.: 9 - 0 i 70Zz 6
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Packet Pg. 531 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Exhibit A
City of Redding
Consulting and Professional Services Contract
Scope of Services for Design and Construction Support for the Downtown Streets Circulation Project Project Description
This Downtown Street Circulation project will provide the following features:
Reestablishment of the formally abandoned street sections and construction of two-way streets along the K2 project' s frontage of Market, Yuba and Butte Streets. A two-way street connection will be provided on Yuba Street, between Market Street and California Street. One-way street connections will be provided on Market Street, between Butte Street and Tehama Street, and on Butte Street, between Market Street and the California- Market Alley. The traffic signal at the Market/ Tehama intersection will be modified.
Reconstruction of the Pine-Market Alley, between Yuba Street and Butte Street.
Coordination of all work, design, features, utilities, staging, phasing, etc. with the K2 project as well as staging to minimize impacts to existing businesses.
On- street parking will be provided on the new streets. It is anticipated that the on- street parking will generally conform to the SDS' s Streetscape Design, but adjustments will be necessary for final design details.
Vehicular, pedestrian and bicycle connections will be provided/ improved across the California Street parking lots. Structural reconfigurations will be required at the stair-well at Yuba Street.
The street connection is anticipated to require the removal of the stairs, mailbox relocations, raised sidewalk modifications, and canopy replacement.
Two-way Protected Bikeway on California Street from Yuba Street to Division Street. The bikeway will require traffic signal modifications and the modification of the cross- walk flashing beacon system.
Water and sewer main replacements, stormdrain modifications, electrical/ telephone/ CATV modifications, and new/ replacement utility services for all impacted facilities.
Extensive LID features will be required to meet the City' s NPDES M54 permit.
Complete Streets streetscape will be provided on the new streets, the connections to California Street and the California Street Protected Bikeway. The streetscape will include flexible spaces, trees, lighting, landscaping, bike parking, furnishings, colors, textures, electrical service for outdoor events, trash receptacles, etc.
Removal of the existing stairs to the former Redding Police Department' s leased space. New stairs will be designed and incorporated into this project.
Complex Issues to be Resolved Include:
Coordination with K2 Building Work. Gifford Construction' s current plan is for the following sequencing:
1. Demo existing building( above the City' s garage).
2. Construct new parking garage exterior walls and interior supports.
3. Leave the portions of the garage in the City' s reclaimed R/ W to be addressed by the City' s project.
4. Construct the building shell.
5. Turn much( but not all) of the public R/ W over to the City' s contractor while interior finish work is completed.
6. Coordinate all the "fit and finish" infrastructure so that the K2 project architectural treatments blend with the City' s streetscape.
Consulting and Professional Services Contract I P7648SCP003a I Page 1 Packet Pg. 532 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Exhibit A - Scope of Work
7. City constructs their project (including the Pine- Market Alley).
Streetscape Design Features. To date, there has been extensive public and stakeholder outreach.. The next challenge will be to turn the ideas into actual construction documents with agency, community and K2 consensus. Omni- Means will build upon the SDS Streetscape Design, along with " direction" from the evolving updated Downtown Specific Plan, to put together a plan that has the" buy-in" from City Public Works, City Community Services, K2, adjacent business owners, VIVA Downtown and Caltrans( for the State R/ W).
Consultant team member, ALTA Planning+ Design, will lead the Streetscape design under OmniMeans' management.
Stairs to Former RPD area. Parlay Investment, Inc. ( Permittee) has an Encroachment Permit Agreement with the City for the stairs in the Promenade. With one year written notice, the City can require the Permittee to remove or modify the stairs at the Permittee' s sole expense. Our proposal assumes the stairs will be either removed and new stairs constructed as a part of this project. Consultant team member, Russell Studio will lead this effort under Omni- Means' management.
Utility Modifications/ Replacements. The City' s water, sewer and stormdrains will require extensive replacements due to age and generations of modifications. In addition, extensive electrical relocations/ modifications will be required for both service to the K2 building and the extensive Streetscape changes. Special attention will be given to maintaining connections and services to the section of the Promenade to remain.
o Sewer& Water mains and services are within the Promenade and will be reconstructed to current City standards and phased to minimize customer disruptions. o Stormdrains are within the Promenade and will be reconstructed to current standards, including Stormwater Treatment requirements. o There is a PG& E gas service in Butte Street that serves the K2 building that will require relocation. o Irrigation controls, services and systems will require complete replacement. o Electrical receptacles for maintenance and special events will require complete replacement. o REU services the Promenade via the Alleys with meters/ service panels within the Promenade. There is an extensive network of distributions to subpanels that further distribute to irrigation controllers, tree-well lights, receptacles, column lighting, lanterns, etc. OmniMeans will coordinate with REU for relocation/ modification of their facilities and provide new electrical subpanels and service to Streetscape features. o Telephone and CATV service the buildings from the Alley' s. This project will generally protect these facilities in place with only a nominal amount of coordination/ modifications. o High- speed internet is being talked about for the Downtown. If the internet proposal moves forward then conduits and hand- holes for future fiber-optic will be installed.
Parking Garage Modifications. The garages are signed for 7, 000 pound maximum loading.
With the additional vehicular access created by the Butte Street and Yuba Street improvements, it will be prudent to strengthen the main drive areas to California Street. This will likely require extensive( and costly) modifications. The scope assumes this strengthening work will be required, however, if proposals to redevelop the garage/ parking areas become or make significant progress toward implementation, then a scope and fee amendment should be considered to Consulting and Professional Services Contract I P7648SCP003a I Page 2 Packet Pg. 533 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Exhibit A - Scope of Work
provide aggressive signing and deferring any strengthening work. Of note is that the SDS Design Study did not identify the need for strengthening in the cost estimates.
The extension of Butte Street across the parking area is anticipated to require the removal of the stairs, mailbox relocations, raised sidewalk modifications, and canopy replacement.
Planning for the Future. All design decisions need to recognize the need to balance the need to minimize" throw-away" work, set the stage for future redevelopment and to build robust facilities that are sustainable. Omni- Means will work with the City to balance the competing needs and goals to make the right decisions.
NPDES Stormwater Treatment. In accordance with the City' s stormwater management program, Omni- Means will design cost effective treatment facilities that balance effectiveness, initial costs and long-term costs. Our team includes a recognized expert in stormwater treatment that will guide our team to the best solutions.
Building Owner Agreements. It is anticipated that there will be several temporary construction easements, encroachment permit modifications, and new agreements that will be required due to the extensive modifications. Negotiations, agreement preparation and lead coordination with building owners will be provided by the City. Omni- Means will provide technical assistance to the City.
Task 1 - Project Management Review and Scheduling:
Provide all contract management and quality control services throughout the duration of the project including:
Task 1. 1 PDT Meetings
All meetings, agendas, and minutes; An allowance has been provided in the budget for general project development team ( PDT) meetings with City and Caltrans staff. The scope assumes the City will identify a focused PDT that will meet with members of the design team twelve( 12) times through final PS& E. These meetings are in addition to Tasks 1. 3- 1. 7. Meetings under this item will be reported to the City' s Project Manager and an addendum will be prepared if the required meeting work exceeds the allowance.
Task 1. 2 General Project Management
Schedules and schedule updates;
Prepare and submit monthly progress report with monthly progress payment. The monthly progress report shall include:
o An overview of work accomplished during the previous month; o A description of current key activities and an updated schedule for each task and subtask. The schedule shall be done in Microsoft Project;
o A list of problem areas, if any, and proposed corrective actions; o A list of tasks for the following month;
o A Schedule Summary indicating whether the project is on schedule and any schedule concerns or critical path items( a Recovery Plan/ Schedule for any activities that fall more than 2 weeks behind schedule)
Quality Assurance/ Quality Control Program including formal Quality Plan; Correspondence and file maintenance
Task 1. 3 Presentations
Consulting and Professional Services Contract I P7648SCP003a I Page 3 Packet Pg. 534 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Exhibit A - Scope of Work
Prepare and conduct presentations to the City Council, City Management and/ or public and prepare presentation materials at the request of the City. Three( 3) presentations are anticipated for this project.
Task 1. 4 Workshops
Conduct two( 2) design presentation workshops. The SDS Streetscape Design will be developed to a full 30% design (with 3- D renderings) and then presented at a public workshop. The goal of the first workshop will be to validate the plans and determine the features that require adjustments. At the 60% design stage, the Streetscape will be presented in a second public workshop to build consensus and identify the final adjustments necessary to secure ultimate community acceptance. Subconsultants, ALTA Planning+ Design and Russell Studio, will lead the production of the workshop materials and present the developing plans to the community.
Task 1. 5 Adjacent Owners Coordination ( In Addition to K2) An allowance is provided in the budget for coordination with adjacent building owners, tenants, Midtown Benefit District. Expenditures against this task will be for ad- hoc meetings, ad- hoc exhibits, providing information, reviewing their input and coordinating the development of necessary consensus and written agreements( if any), and reporting to the City' s Project Manager. Coordination under this item will be reported to the City' s Project Manager and an addendum will be prepared if the required coordination work exceeds the allowance.
Task 1. 6 General Public, Stakeholder and Community Group Coordination An allowance is provided in the budget for coordination, when required, with members of the general public, stakeholders( e.g. Shasta Living Streets, VIVA Downtown, Healthy Shasta, Shasta County Arts Council, Historical Society, Renaissance Redding, etc.), elected and appointed officials, and other individuals/ groups that may require attention. Expenditures against this task will be for adhoc meetings, ad- hoc exhibits, providing information, reviewing their input, and reporting to the City' s Project Manager. Coordination under this item will be reported to the City' s Project Manager and an addendum will be prepared if the required coordination work exceeds the allowance.
Task 1. 7 Coordination with K2
An allowance is provided in the budget for coordination with the K2 team, including, but not limited to, K2, their contractor(s), potential tenants and K2' s professional design team. Expenditures against this task will be for meetings, exhibits, providing information, reviewing their input, and reporting to the City' s Project Manager. Coordination under this item will be reported to the City' s Project Manager and an addendum will be prepared if the required coordination work exceeds the allowance.
The Consultant Project Manager shall play an active role in the management and coordination of the project to include monthly meetings with City staff to discuss project status, problems, budgeting, and other areas that have an adverse effect on the work.
Task 2 - Data Collection and Field Survey
Consultant shall conduct all data collection, field surveys and other information necessary to establish horizontal and vertical control, utility locations, right-of-way limits, and property boundaries. This will include, but may not be limited to the following:
Topographic and control surveys to establish elements required for plan preparation and construction, ff
Consulting and Professional Services Contract I P7648SCP003a I Page 4 Packet Pg. 535 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Exhibit A - Scope of Work
Positive utility location information (The budget includes an allowance for potholing in the event it is required. Within the Promenade, extensive information is available. The Pine- Market Alley is of more concern),
Building and structure location data for tie in control Record/ as- built drawings
Environmental, geotechnical or any other pertinent document review Right of way boundaries will be resolved
The basis of bearings shall be the City of Redding monumentation and coordination with the State Plane Coordinate System NAD 83 and NAVD 88 datums.
Task 3 - Geotechnical Investigation
Consultant and subconsultant, CGI, shall conduct a geotechnical investigation of the subsurface conditions in the areas of roadway and associated facility improvements. The data from the investigation shall be used in the design of any underground structures, foundation design, and roadways. A log of all test borings shall be made available to the City Project Manager. This work shall include, but not be limited to, the following:
Site investigation,
In- situ soil sampling, pavement boring and laboratory tests. The tests shall include but not be limited to, determination of soil" R" value in new pavement areas and determination of existing pavement structural section in areas abutting new paving work.
Determination of ground stability
Log of test borings
Notification to City and Underground Service Alert( USA) of all sampling work. Consultant shall be responsible for obtaining all City and/ or Caltrans encroachment permits necessary for the geotechnical work. Consultant shall coordinate with the City Project Manager at least 48 hours prior to any work on the site.
Provide City with( 4) hard copies and one( 1) electronic PDF file of draft and final geotechnical report including recommendations for foundations (as necessary) and new pavement structural section design for roadways.
Task 4 - Utility Coordination
Consultant shall be responsible for identification and coordination with each utility including new or relocation of any utilities as needed to eliminate conflicts in the design of the project. The utilities include but are not limited to: PG& E, REU, Redding Municipal Utilities ( RMU), AT& T, and Charter. In the event that the conceptual proposal to provide high speed Internet to the Downtown comes to fruition, planning and conduits for this work will be provided.
Task 5 - Preparation of Contract Documents
Consultant shall prepare all contract documents( construction plans, specifications, and cost estimates) for the project in accordance with City of Redding standards as defined herein, as detailed in the Capital Improvement and Maintenance Project Submittal Requirements and as directed by the City. The project will consist of, at a minimum, the features outlined above. Design services shall include, but not be limited, to the following:
Landscape Architecture will be designed by subconsultant ALTA Planning+ Design; Complete streets design elements, with significant emphasis on non- motorized facilities and safety, will be designed by subconsultant ALTA Planning+ Design; Consulting and Professional Services Contract I P7648SCP003a I Page 5 Packet Pg. 536 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Exhibit A - Scope of Work
Structural Engineering for retaining walls and design components on the City' s parking structure on California St, will be designed by subconsultant Morrison Structures; The scope also assumes strengthening of the existing garage due to the risk of additional" overloads". The strengthening work can range from very limited to extensive- to be determined by the project team.
Traffic signal design and flashing beacon system modification on City and Caltrans owned facilities, will be designed by TJKM;
New stairway design for the former RPD lease space will be designed by subonsultant Russell Studio; Design calculations, plan preparation, technical specification preparation, special provision preparation, engineers cost estimates and all other appropriate engineering necessary to provide complete contract documents, ready for bidding. All designs shall comply with appropriate local design codes and guidelines;
Coordination with Developer design team pursuant to Task 1. 7; Identify potential conflicts between roadway improvements and existing utilities and coordinate the development of relocation plans with the utility owner. Prepare utility plan sheets depicting existing and relocated utility locations. Coordinate with any and all utilities required to ensure horizontal and vertical conflicts are identified and resolved through design or relocations; An independent constructability review of the project shall be accomplished at the appropriate design stages; Determine construction sequence to demonstrate traffic handling during all construction phases; Detailed stage construction and phasing plans and specifications will be prepared.
Final drawings shall be prepared on 22" x 34" mylar for original signatures. Submittals for review will be at the appropriate design stages with drawings reduced by 50% and specifications on 8%2" x 11" reproducible paper. Ten ( 10) sets will be included at the review stages to allow the City and all other appropriate agencies consulted to provide a thorough review of the project documents. A complete and final set of contract documents, including plans, specifications and estimates shall be submitted on reproducible compact disk that meet all City requirements; and Complete bid packages shall be prepared incorporating all City standard general provisions, instructions and notice to bidders, technical specifications, special provisions, federal provisions, if required, and approved plans reduced by 50%.
Conduct formal design review meetings with City staff and utility liaisons throughout all stages of the preliminary engineering and final design process. Meetings shall at a minimum be conducted at the 30%, 60%, and 90% stages of the project.
Formal submittals (plans, specifications and estimates) ( PS& E) shall occur at the 30%, 60%, 90%, and 100% Final Package completion points for City and outside agency review. Submittal formats shall follow the City guidelines. Consultant shall respond to, and incorporate, if appropriate, any and all comments received from the City or any other regulatory or utility agency.
The scope assumes either one or two PS& E packages. Consultant recommends early consideration to splitting the work in to two construction contracts to better manage schedules and the work diversity.
For example, the Cycle-track work may be best suited as a stand- alone package due to the unique coordination with Caltrans. In addition, the K2 phasing( and need to carefully separate Prevailing Wage from Non- Prevailing Wage construction work) may point to separate Promenade packages to work with K2' s schedule.
The scope assumes that, with full design support by Consultant, Alta Planning+ Design and TJKM, the City and Caltrans will reach agreements on the features and maintenance responsibilities for the Cycletrack. Consultant will act as the City' s agent for the encroachment permit applications.
Consulting and Professional Services Contract I P7648SCP003a I Page 6 Packet Pg. 537 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Exhibit A - Scope of Work
Task 6 - Assistance during Bidding & Construction
Consultant will provide assistance to the City during the bidding and construction phases of the project to ensure the contractor understands all technical aspects of the design and any design changes. This work will include the following:
Conduct pre- bid meetings for prospective bidders to answer contractor and supplier technical questions; Coordinate through the City responses to contractor and supplier technical questions during bidding and prepare any addenda required;
Provide any drawings, modifications, and clarifications during the bidding period; Attend all pre- construction conferences to ensure contractor understanding of project plans; Assist the City with submittal reviews, preparation of change orders, and response to requests for information related to technical design issues encountered; Prepare design clarifications to convey design intent;
Prepare as- built drawings following construction from mark ups submitted by the contractor and resident engineer. The original designers stamp and signature shall be maintained on the as- built drawings. An " as- built" or" record drawing" stamp shall be added to the drawings. o
Consulting and Professional Services Contract I P7648SCP003a I Page 7 Packet Pg. 538 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) I 1 g " # 5:§§§ : i # 2 ® 7 ) 1625»: l2 : : & k
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Imp A GHD company ' wog
EXHIBIT B
CITY OF REDDING
CONSULTING AND PROFESSIONAL SERVICES CONTRACT
Proposed Fee and Billing Rates for Design and Construction Support For the Downtown Streets Circulation Project
FEE SCHEDULE
Title/Role Classification Staff Rates ( Hourly Range)
Principal A-F 220.00 to $ 290. 00
Project Manager A- F 140. 00 to $ 265. 00
Resident Engineer A- F 148. 00 to $ 215. 00
Engineer A- F 87. 00 to $ 250.00
Traffic Engineer A-F 87. 00 to $ 250.00
Planner A- F 61. 00 to $ 190. 00
Landscape Architect A-F 74. 00 to $ 195. 00
Office Surveyor A-F 61. 00 to $ 190. 00
Field Surveyor A- F 61. 00 to $ 190. 00
Field Inspector A-F 61. 00 to $ 190. 00
Graphic Artist A-F 61. 00 to $ 110. 00
Designer A-F 77. 00 to $ 165. 00
Technician A- F 55. 00 to $ 132. 00
Clerical A- F 37. 00 to $ 98. 00
Intern A- F 37. 00 to $ 66.00
1- Person Survey Crew 166. 00 to $ 190. 00
2-Person Survey Crew 135. 00 to $ 275. 00
3-Person Survey Crew 172. 00 to $ 345. 00
Reimbursable Charges
Reimbursable charges include, but are not limited to, in- house reproduction, travel subsistence, special consultants, outside purchases and services, and other subcontracts. These are charged at 1. 10 x cost.
Billing Rates
Billing rates include overhead, equipment, space rental, etc. Rates are subject to adjustment up to two times per year and are anticipated to increase by 5%- 10% per year.
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Packet Pg. 541 Attachment: Agreement (C-7420) (4.11(d)--Amendment to C-7420 Engineering Services for Downtown
FIRST AMENDMENT TO
CONSULTING AND PROFESSIONAL SERVICES CONTRACT (C- 7420) Design and Construction Support for the Downtown Streets Circulation Project The Consulting and Professional Services Contract C- 7420 (" Contract") dated November 9, 2017, between the City ofRedding, California, ("City") a municipal corporation, and GHD, Inc., formerly Omni -Means, Ltd., ("Consultant") is hereby amended as follows:
GHD Inc., a California corporation, acquired Omni -Means, Ltd. on January 30, 2017, and wishes to directly assume responsibility for the Consultant' s obligations and performance under this Contract.
GHD Inc. shall replace Omni -Means, Ltd. as Consultant under the Contract, and will assume all responsibility for execution and completion of all the obligations of the Consultant under the Contract, including all of Consultant' s prior acts.
SECTION 1 is amended to read in its entirety as follows:
Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A and A- 1, attached and incorporated herein. Consultant shall provide the services at the time, place and in the manner specified in Exhibit A and A-1.
The Exhibit A- 1 attached to this First Amendment is incorporated into the Contract dated November 9, 2017, as Exhibit A- 1.
SECTION 2.A is amended to read in its entirety as follows:
A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit B and B- 1, attached and incorporated herein, in a total amount not to exceed Nine Hundred Seventy -Four Thousand Dollars 974,000). 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.
The Exhibit B- 1 attached to this First Amendment is incorporated into the Contract dated November 9, 2017, as Exhibit B- 1.
All other terms and conditions ofthe Contract dated November 9, 2017, shall remain in full force and effect.
1 The date of this Amendment shall be the date that it is signed by the City. ti
Packet Pg. 542 Attachment: 1st Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below:
Dated: " 711, 2018
Attest:
U4 _
PAMELA MIZE, Ci erk
Dated: ` vUM)RA/ 16 , 2018
CITY OF REDDING
A Municipal Corporation
By: Barrrf lipXnfOCity Manager
Form Approved:
BARRYE. DeWALT
City Attorney
W
GHD, Inc., Successor -in -Interest to Omni -Means, Ltd.
BY) 78,41 % 1P.nAAAI,
Taxpayer I.D. No.: qq L J'Cj
Packet Pg. 543 Attachment: 1st Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Consulting and Professional Services Contract (C- 7420) EXHIBIT A_7 First Amendment
Downtown Streets Circulation Project
Scope of Work
The City desires to have additional water and wastewater systems replaced outside of the original project limits. The water system shall be replaced along Yuba Street from the Market -Pine Alley to Pine Street and the wastewater system shall be replaced along the Market -Pine Alley from Sacramento Street to North of Tehama Street.
Task 7 — Additional Water/Wastewater Survey and Design
Consultant will provide the following additional services:
Data collection and field survey along Yuba Street from the Market -Pine Alley to Pine Street and along the Market -Pine Alley from Sacramento Street to North of Tehama Street Preparation of all necessary contract documents associated with the design of the water/wastewater systems
GHD
330 Hartnell Avenue Suite B Redding California 96002 United States T + 1 530 242 1700 F + 1 530 242 1711 W www. ghd. com Packet Pg. 544 Attachment: 1st Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Consulting and Professional Services Contract ( C- 7420) First Amendment
Downtown Streets Circulation Project
Fee Schedule
Task 7
Additional WaterMastewater Survey and Design
Total Not to Exceed
EXHIBIT B- 1
Fee
14, 000
974, 000
draft C7420 amend 2 Packet Pg. 545 Attachment: 1st Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj)
SECOND AMENDMENT TO
CONSULTING AND PROFESSIONAL SERVICES CONTRACT (C-7420)
Design and Construction Support for the Downtown Streets Circulation Project The Consulting and Professional Services Contract C- 7420(" Contract") dated November 9, 2017, and amended November 28, 2018, between the City ofRedding, California, ("City") a municipal corporation, and GHD Inc., (" Consultant") is hereby amended as follows:
SECTION 1 is amended to read in its entirety as follows:
Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A, A- 1, and A-2attached and incorporated herein. Consultant shall provide the services at the time, place and in the manner specified in Exhibit A, A- 1, and A-2.
The Exhibit A-2 attached to this Second Amendment is incorporated into the Contract dated November 9, 2017, and amended November 28, 2018, as Exhibit A-2.
SECTION 2. A is amended to read in its entirety as follows:
A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit B, B- 1, B-2, and C and C- 1, attached and incorporated herein, in a total amount not to exceed One Million One Hundred Thirty Thousand Seven Hundred Twenty Dollars($ 1, 130, 720). 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.
The Exhibit B- 2 attached to this Second Amendment is incorporated into the Contract dated November 9, 2017, and amended November 28, 2018, as Exhibit B- 2.
The Exhibit C- 1 attached to this Second Amendment is incorporated into the Contract dated November 9, 2017, and amended November 28, 2018, as Exhibit C- 1.
SECTION 3.A is amended to read in its entirety as follows:
A. Consultant shall commence work on or about November 9, 2017, and complete said work no later than March 1, 2021. Time is of the essence.
All other terms and conditions of the Contract dated November 9, 2017, and amended November 28, 2018, shall remain in full force and effect.
The date of this Amendment shall be the date that it is signed by the City.
IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and Packet Pg. 546 Attachment: 2nd Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) year set forth below:
CITY OF REDDING
A Municipal Corporation
Dated: LActiA 2019 UJ1'LZ. I.
By: JUL . WINTER, Mayor
Form App ved.:
BARRYE. DeWALT
st. City Attorney
kii
PAMELA MIZE, City Clerk By:
GHD. Inc.
Dated: 5/ 1 0 2019 G
By: f2 ft W.ems A et
Taxpayer I.D. No.: s- 0 tf 2.5- 1; 5—
Packet Pg. 547 Attachment: 2nd Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Consulting and Professional Services Contract (C-7420) EXHIBIT A-2 Second Amendment
Downtown Streets Circulation Project
Prepared: April 23, 2019
Scope of Work
The City desires to modify the draft PS& E ( previously completed to approximately 80 percent) to conform to an expanded vision influenced by award of the second AHSC program grant, the McConnell- K2 project along California Street. The development proposed by the McConnell-K2 team, is referred to as the "Block 7" project.
Task 5— PS& E ( Design Re-Evaluation)
The following subtasks are added to Task 5 to re-evaluate the design and update the plans to incorporate design changes identified by the project team for final contract documents.
Task A Project Development Team ( PDT) Meetings and Coordination GHD will attend meetings and provide coordination with City, Caltrans and stakeholders. GHD will prepare agendas and meeting records. It is anticipated that there will be weekly meetings, if not more often, with the project development team.
Task B Design Alternatives and Amenities Development
GHD and RAD Studio Architecture (formerly serving the project as Russell Architecture & Design) will research design themes and features, and prepare design alternatives. The features and alternatives are expected to significantly change curb lines, landscaping areas and features, amenities, paving surfaces and parking layouts.
Task C Civil Layout and Typical Cross-Section Re- Design Upon incremental direction from the PDT, GHD will update horizontal layout plans and typical cross-sections to reflect the re-design.
Task D Civil Grading Re- Design
GHD will update the vertical design to reflect the re- design.
Task E Civil Drainage and Utilities Re-Design
GHD will update the storm water facilities, MS4 treatment, water systems and sewer systems to reflect the re- design. GHD will coordinate with REU, AT&T and Spectrum, as necessary, to facilitate re-design.
Task F Civil: Other Plan Sheets Re-Design
GHD will update the following plan sheets pursuant to the re- design: Demolition, Surface Sections, Construction Details, Pavement Delineation, and Sign Details.
Task G Traffic Signal Re-Design and Additional Design
GHD and TJKM will update the plans to include the following changes:
Revised configuration at the Market Street/Tehama Street intersection.
Task H Landscaping Irrigation and Planting Re-Design
GHD
330 Hartnell Avenue Suite B Redding California 96002 United States T+ 1 530 242 1700 F+ 1 530 242 1711 W www.ghd. com
Packet Pg. 548 Attachment: 2nd Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Consulting and Professional Services Contract (C-7420) EXHIBIT A-2 Second Amendment
Downtown Streets Circulation Project
Prepared: April 23, 2019
GHD and Michael Lander will update the landscaping irrigation and planting plans to reflect the redesign.
Task I Architectural Amenities and Furnishings Re-Design GHD and RAD will update the colors, locations, and types of architectural amenities and furnishings to reflect the re- design.
Task J Amenity Electrical Re- Design
GHD will update the amenity electrical facilities design plans to reflect the re- design.
Task K Bid Quantities for Re-Design
GHD will prepare updated and new preliminary quantity calculations and prepare an updated opinion of construction cost to reflect the re-design.
A2 exhibit jt.docx 2
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Packet Pg. 551 Attachment: 2nd Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj)
THIRD AMENDMENT TO
CONSULTING AND PROFESSIONAL SERVICES CONTRACT (C- 7420) Design and Construction Support for the Downtown Streets Circulation Project The Consulting and Professional Services Contract C- 7420(" Contract") dated November 9, 2017, and amended November 28, 2018, and May 31, 2019, between the City of Redding, California, City") a municipal corporation, and GHD Inc., (" Consultant") is hereby amended as follows:
SECTION 3.A is amended to read in its entirety as follows:
A. Consultant shall commence work on or about November 9, 2017, and complete said work no later than March 1, 2023. Time is ofthe essence.
SECTION 10.A is amended to read in its entirety as follows:
A. City' s representative for this Contract is James Triantafyllou, email jtriantafvllouna Y, telephone number( 530) 245- 7232. All ofCity' s questions pertaining to this Contract shall be referred to the above-named person.
SECTION 10. 11 is amended to read in its entirety as follows B. Consultant' s representative for this Contract is Douglas Ries, email doug.ries cr ghd.com, cell number ( 530) 219- 1090, office number ( 916) 782- 8688. All of City' s questions pertaining to this Contract shall be referred to the above-named person.
SECTION ILA is amended to read in its entirety as follows:
A. All notices, requests, demands and other communications hereunder shall be deemed given only ifin writing signed by an authorized representative ofthe 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:
James Triantafyllou, P.E. Douglas J. Ries, P.E.
City ofRedding-Engineering Division Project Manager
777 Cypress Avenue GHD
Redding, CA 96001 P.O. Box 1407
Roseville, CA 95678
n
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Packet Pg. 552 Attachment: 3rd Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) All other terms and conditions of the Contract dated November 9, 2017, and amended November 28, 2018, and May 31, 2019, shall remain in full force and effect.
The date ofthis Amendment shall be the date that it is signed by the City.
IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below:
CITY OF REDDING
A Municipal Corporation
Dated: 2021
By: BAR&) 1109, City Manager
Form Approved:
BARRYE. DeWALT
A t: City Attorney
PAMELA MIZE, City dlrk By:
GHD
Dated: 2021
By: Douglas J. Ries, . E.
Taxpayer I.D. No.: q
S' - D ``/.Z S 3 S
Packet Pg. 553 Attachment: 3rd Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Packet Pg. 554
Attachment: 4th Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Packet Pg. 555
Attachment: 4th Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Packet Pg. 556
Attachment: 4th Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Packet Pg. 557
Attachment: 4th Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Packet Pg. 558
Attachment: 4th Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Packet Pg. 559
Attachment: 4th Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj)
FIFTH AMENDMENT TO
CONSULTING AND PROFESSIONAL SERVICES CONTRACT ( C- 7420) Design and Construction Support for the Downtown Streets Circulation Project The Consulting and Professional Services Contract C- 7420(" Contract") dated November 9, 2017, and amended November 28, 2018, May 31, 2019, March 23, 2021, and January 26, 2022, between. the City of Redding, California, (" City") a municipal corporation. and GHD Inc., (" Consultant") is hereby amended as follows:
SECTION 3. A is amended to read in its entirety as follows:
A. Consultant shall commence work on or about November 9, 2017, and complete said work no later than June 1, 2025. Time is of the essence.
All other terms and conditions of the Contract dated November 9, 2017, and amended November 28, 2018. May 31, 2019, March 23, 2021. and January 26. 2022, shall remain in full force and effect.
The date of this Amendment shall be the date that it is signed by the City.
IN WITNESS WHEREOF. City and Consultant have executed this Amendment on the days and year set forth below:
CITY OF REDDING
A Municipal Corporation
Dated: 7. 2023 ce32,4,4„t-74/Tsv,
By: Barry Ti n, at . Manager
Form Approved.
Attest: BARRY E. DeWALT
City Attorney
40 2)- 1Ne
SHARLENE TIPTON,, CITY CLERK By:
G nc.
Dated:
2023
By: Russ Wenham, P. E.
Taxpayer I. D. No.: / g - Zy- q/_55
ry
0 Packet Pg. 560 Attachment: 5th Amendment (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following relative to Request for Proposals, Bid Schedule No. 4892, to provide engineering services for the Downtown Streets Circulation Project:
1. Award to Omni-Means in an amount not to exceed $965,000;
2. Authorize staff to negotiate a Consulting and Professional Services Contract with OmniMeans;
3. Authorize the Mayor to execute the contract;
4. Authorize the City Manager to approve contract amendments up to $50,000; and
5. Adopt the 78th Amendment to City Budget Resolution No. 2015-057 to appropriate $20 million in grant funding to execute the contract.
Background
The City Council (Council) approved submission of a grant application for the Affordable Housing and Sustainable Communities (AHSC) Program as a co-applicant with K-2 Land and Investment, LLC (K2). The partnership was successful in securing $20 million in grant funding from the program to supplement a nearly $40 million project in Redding’s Downtown area. The project will demolish and reconstruct the old “Dickers” building into a four-story mixed-use building with subterranean parking. In addition, the project will include reestablishment of the formerly abandoned street rights-of-way and reconstruction of pedestrian and bicycle-friendly streets along portions of Market, Yuba, and Butte Streets; as well as an enhancement of a portion of California Street.
The overall project will be bifurcated into two project delivery models; one by K2 and one by the City. The City-delivered project will be responsible for design and construction of the public street frontages while K2 will demolish and reconstruct the building and subterranean parking lot. To expedite delivery and ensure innovative and vibrant streets, City engineers propose to engage consultants to supplement staff in designing the street improvements.
MEETING DATE: June 20, 2017
ITEM NO. 4.11(g)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(g)--Award Request for Proposals, Schedule No. 4892 and Authorize Negotiation and Execution of a Consulting and Professional Services Contract for Engineering Services for the Downtown Streets Circulation Project
Brian Crane, Assistant City
Manager
Packet Pg. 561 Attachment: Previous Staff Report 06-2017 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Report to Redding City Council June 12, 2017
Re: 4.11(g)--Award RFP, Schedule No.4892 to Omni-Means for Downtown Streets Circulation Project Page 2
On April 10, 2017, a formal Request for Proposals (RFP) Schedule No. 4892, outlining the specific scope of services, including project management, preliminary design, final design, and assistance during construction, was sent to 20 firms and posted on the City's Purchasing Division website, and a legal notice was placed in the Record Searchlight.
Selection Process
A review and selection panel was formed with two members from the private sector and four from the Public Works Transportation and Engineering Division. Three proposals and design fees were received on May 8, 2017, and based on the proposal review, the panel ranked the firms as follows:
RANK FIRM FEE
1. Omni-Means, Redding, California $961,415
2. Dokken Engineering, Redding, California $715,706
3. Sharrah Dunlap Sawyer,Inc.,Redding, California $890,890 Proposals were evaluated based on the consultants' understanding of the scope of work, ability to meet the proposed schedule, maintain the project budget, experience and qualifications of the proposed staff and subconsultants, ability to work with City staff, team experience with similar types of projects, and commitment to the project. Applying the criteria to the proposals, it is the opinion of the selection panel that Omni-Means is the most qualified team to provide the required services. This opinion is in part based on:
• Project Understanding – Omni-Means’ proposal provided a greater understanding of the project work scope, challenges and coordination issues with project partners. Some of the challenges it identified are structural design solutions needed for the parking structure and a staircase which may be in conflict with proposed new streetscape improvements, as well as streetscape design features and the proposed cycle track for the project.
• Project Team Experience – Omni-Means was the lead consultant for Redding’s 2016 Downtown Transportation Plan and has assisted in, and delivered, several City projects.
In addition, their team brings a mixture of local and outside subconsultants. This will provide not just a local perspective but be able to provide design solutions and ideas from their vast experiences throughout the state.
As a part of the proposal, each consultant team was required to include an estimated fee of the services outlined in the RFP. When comparing these fees, it is important to understand that a speculative element exists in the estimating the number of hours that will be required for any given work task and the City does not select consultants based on low bid but by the most qualified. The City estimated design cost for the project was $1million.
After the proposal ranking, the design fees were opened. Staff’s initial evaluation of the fee recognized that although Dokken Engineering had the lowest design fee, there was a question as Packet Pg. 562 Attachment: Previous Staff Report 06-2017 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Report to Redding City Council June 12, 2017
Re: 4.11(g)--Award RFP, Schedule No.4892 to Omni-Means for Downtown Streets Circulation Project Page 3
to whether Dokken adequately addressed all the work elements and therefore may not have included all the required work. In addition, when comparing the fees it was evident that there where similar costs for the prime consultant; however, the subconsultant fees reflected the larger discrepancy. This, in part, may be due to the outside expertise that Omni-Means proposed for its team and staff believes is one of the key portions of the project.
Staff believes that Omni-Means is the most qualified team to provide the required services and that the firm's design fee is reasonable. However, per the City process, staff believes once awarded and authorized to negotiate that these fees may be reviewed and possibly reduced and if staff cannot come to an agreed-upon fee will proceed to the second-ranked consultant.
Issue
Should the Council direct staff to negotiate a Consulting and Professional Services Contract with Omni-Means for engineering services for the Downtown Streets Circulation Project and adopt budget resolution appropriating $20 million to the project? Alternatives; Implication of Alternatives
Alternatives for the Council are as follows:
1. Award RFP No. 4892 and authorize staff to negotiate a Consulting and Professional Services Contract with Omni-Means; authorize the Mayor to execute the same to provide engineering services for the Downtown Streets Circulation Project for an amount not to exceed $965,000; and authorize the City Manager to approve contract amendments up to $50,000. Further, adopt the attached budget resolution to appropriate $20 million in grant funding from the AHSC Program to allow execution of this contract and funding to complete the project. This alternative will allow staff to negotiate a final scope and fee with the selected consultant and proceed with the project. (Staff Recommendation)
2. Award RFP No. 4892 and authorize staff to negotiate a Consulting and Professional Services Contract with Omni-Means; authorize the Mayor to execute the same to provide engineering services for the Downtown Streets Circulation Project for an amount not to exceed $965,000; and authorize the City Manager to approve contract amendments up to $50,000. Direct staff to return to Council with a budget resolution to appropriate funds in July 2017. This alternative will allow staff to negotiate and prepare contract documents with Omni Means which can take four to six weeks. Once the budget resolution is adopted at a future Council meeting then the contracts may be executed.
3. Provide alternate direction to staff. This could delay the progress of the project and the implementation of the improvements to the Downtown Area.
Fiscal Impact
Total project costs are expected to be nearly $37 million. Of this amount, $20 million in grant and loan funds were awarded by the California Department Housing and Community Development and the Strategic Growth Council on Oct 11, 2016. The remainder will be funded with private loans, tax credit programs and City affordable housing loans. The grant funding includes approximately $10.56 million to purchase the necessary street right of way and Packet Pg. 563 Attachment: Previous Staff Report 06-2017 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Report to Redding City Council June 12, 2017
Re: 4.11(g)--Award RFP, Schedule No.4892 to Omni-Means for Downtown Streets Circulation Project Page 4
construct the street improvements. The proposed design fee will be funded from these grant funds.
Although the City has yet to execute the Standard Agreement (Agreement) with the state, all eligible project costs may be reimbursed by the grant program once the Agreement is executed.
Staff expects to return to the Council for execution of the Agreement in the fall of 2017, once tax credit financing is secured. Staff proposes to move forward with design services since they are an eligible cost that will be reimbursed, and due to the need to stay on a schedule, that is concurrent with the K2 portion of the work (currently scheduled for the 2018 construction season).
It should be noted that there is very low risk expending funds prior to execution of the Agreement with the state. Although a very remote possibility, should the Agreement fail to be executed, the city could be liable for all pre-execution funds expended. This would be the portion of the design services rendered up to the date of work stoppage.
Conclusion
The AHSC program will allow a significant and dynamic project to be executed in the City’s downtown core. Tight schedules require moving forward with design services so the City’s portion of the work can be progress complimentary with K2’s project. Staff believes awarding the design services to Omni Means for the Downtown Street Circulation Project is in the best interest of the City.
Attachments
Budget Resolution
Location Map
Packet Pg. 564 Attachment: Previous Staff Report 06-2017 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Resolution No. 2016 - ____________
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 78TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2015-057 APPROPRIATING $20,000,000 FOR THE REDDING DOWNTOWN LOOP AND AFFORDABLE HOUSING PROJECT FOR FISCAL YEAR 2016-17.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2015-057 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
128 566 State Grant $10,556,628
191 996 State Grant $3,570,000
191 996 State Loan $5,873,372
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Increase Revenue
128-566-06-1200-18 State Grant - Capital Public Works $ 10,556,628 191-996-06-1200-21 State Grant - Housing $ 3,570,000
191-996-06-7400-01 State Loan Funds $ 5,873,372
Increase Expenditures
128-566-4873-03 Rdg Downtown Loop AHSC 10,556,628
191-996-4873-03 Rdg Downtown Loop AHSC 3,570,000
191-996-4873-02 AHSC State DRI Loop Loan $ 5,873,372
Total $ 20,000,000 $ 20,000,000
THAT the purpose is to appropriate $20,000,000 for the Redding Downtown Loop And Affordable Housing Project for fiscal year 2016-2017.
I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the _________ day of ___________, 2017 and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
BRENT WEAVER, Mayor
ATTEST: FORM APPROVAL:
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 565 Attachment: Previous Staff Report 06-2017 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Packet Pg. 566
Attachment: Previous Staff Report 06-2017 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: January 24, 2022 FROM: Chuck Aukland, Public ITEM NO. 4. 11( d) Works Director
APPROVED BY***
f ukland PublicWorksDirect 1/ 20/ 2022 ns. Ci[ yMau cticl n , cs, z; 45nsr« c r irzi, zm caulzland@ci. redding. ca.us btippin@cityofredding. org SUBJECT: 4. 11( d)-- Approve the Fourth Amendment to Consulting and Professional Services Contract ( C- 7420) for the Design and Construction Support for the Downtown Circulation Pro' ect
Recommendation
Approve the Fourth Amendment to Consulting and Professional Services Contract ( C- 7420) with GHD, Inc, for a total not to exceed fee of$ 1, 312, 540, an increase of$ 181, 820, for engineering services for the Downtown Streets Circulation Project; and authorize the Mayor to execute the amendment. Authorize the City Manager to execute additional contract amendments up to 50, 000.
Fiscal Impact
There are currently adequate project funds budgeted to cover the costs for the contract amendment.
Alternative Action
The City Council ( Council) may choose not to authorize the amendment and provide staff with an alternate direction. Without the proposed amendment, staff, along with GHD, Inc, ( GHD) will not be able to incorporate design changes and modifications required to complete the design for the project. This will result in the project not being complete for construction and could jeopardize the loss of Affordable Housing and Sustainable Communities ( AHSC) grant funds for not completing the project improvements.
Background/ Analysis
In October of 2016, the Department of Housing and Community Development awarded the City of Redding ( City) and K2 Development Company, Inc., ( K2) AHSC Program funding in the amount of $20 million for the Redding Downtown Loop and Affordable Housing ( RDLAH) Project located at 1551 Market Street. The RDLAH Project included construction of a four- story, mixed- use building and a subterranean parking facility. In addition, the RDLAH Project included Packet Pg. 567 Attachment: Previous staff report 01-24-22 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Report to Redding City Council January 21, 2022
Re: 4.11( d)-- Amendment to C- 7420 Engineering Services for powntown Streets Circulation Proj Page 2
reestablishment of the formerly abandoned street rights- of-way and reconstruction of pedestrian and bicycle-friendly streets along portions of Market, Yuba, and Butte Streets known as the Downtown Streets Circulation ( DSC) Project; as well as constructing a separated two-way bikeway on California Street known as the California Street Bikeway Project (Bikeway Project).
The RDLAH and DSC Projects were completed in February 2021.
On June 20, 2017, the Council authorized the Mayor to execute a Consulting and Professional Services Contract with GHD to provide design services for the DSC Project and the Bikeway Project. The City has been collaborating with GHD and other external partners and stakeholders, including California Department of Transportation ( Caltrans) and Shasta Living Streets, to develop the design for the Bikeway Project. The Bikeway Project proposes to construct a 15 to 19- foot separated two-way bikeway, also referred to as a cycletrack, on California Street from Yuba Street to Division Street. The Bikeway Project work includes constructing curbs and curb ramps, asphalt concrete paving, intersection signal installations, storm drainage improvements, pavement markings, and other miscellaneous items of work.
The Bikeway Project has presented many design challenges not anticipated in the grant application process including complications using standard traffic control devices ( signals) for the operation of the cycletrack with motor vehicles, identification of excessive pavement shoulder cross slopes and drainage constraints. In addition, the challenge of constructing a twoway cycletrack in Caltrans right- of-way for the first time in Caltrans District 2 has required significantly more collaboration and engineering coordination. There is also a need to do additional traffic analysis to ensure effective operation of nearby downtown streets due to proposed traffic flow alterations. Due to these unforeseen challenges and increased effort to develop and coordinate design, re-design solutions, and perform traffic studies, an amendment to GHD' s contract is warranted. With the proposed contract amendment, it is anticipated the consultant design services will be approximately ten percent of the construction costs which is reasonable considering the complexity ofthe Bikeway Project.
The Amendment has been approved to form by the City Attorney.
Council Priority/ City Manager Goals
Public Safety — "Work to improve all aspects of public safety to help people feel secure and safe where they live, work and play in the City of Redding." Economic Development — " Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community."
Attachments
Location Map
4th Amendment( available online)
Agreement( available online)
1 st Amendment( available online)
2nd Amendment( available online)
3rd Amendment ( available online)
062017 Previous Staff Report ( available online)
Packet Pg. 568 Attachment: Previous staff report 01-24-22 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj)
PROJECT LIMITS
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Packet Pg. 569 Attachment: Previous staff report 01-24-22 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj)
FOURTH AMENDMENT TO
CONSULTING AND PRQFES5IONAL SERVICES CONTRACT (C-7420
I esign and Coustruction Support for the Downtown Streets Circuiatian Project The Consulting and Professional Sez:vices Contract C- 7420(" Contract") dated November 9, 2017, California, (" and amended Navember 28, 2018, May 31, 2019, and March 23, 2021, between the City ofRedding, City") a municipal corporation, and GHD Inc., {" Consultant") foliows: is hereby amended as SECTIO N 1 is arnended to read in its entirety as follows:
Subject to the terms and canditions set forth in this Cantract, Consultant shall provide to City the services described in Exhibit A, A-2, A-2, and A-3, attached and incorparated herein.
Consultant shall provide the services at the time, place and in the manner specified in Exhibit A, A- 1, A-2, and A-3.
The Exhibit A- 3 attached to this Fourth Amendment is incorporated into the Contract dated November 9, 2017, and amended November 28, 2028, May 3l, 2019, and March 23, 2021, as Exhibit A-3.
SECTION 2.A is arnended ta read in its entirety as follows:
A. City shall pay Consultant for services rendered pursuant to this Contract, at the times arid in the manner set forth in Exhibit B, B- 1, B- 2, and B-3, C and C 1, attached and incorporated herein, in a total amount not to exceed One Million Three Hundred Twelve Thousand Five Hundred Forty Dollars{$ 1, 312, 540). This sum includes all out-of-packet travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payrnents specified herein shalI be the only payments to be made to Consultant for services rendered pursuant to this Contract.
The E chibit B- 3 attached to this Fourth Amendment is incorparated into the Contract dated November 9, 2017, and amended Navember 28, 2018, May 31, 2Q19, and March 23, 2021, as Exhibit B- 3.
SECTION 3.A is amended to read in its entirety as foliows:
A. Consultant shall commence work on or about November 9, 241, and complete said work no later than September 1, 2023. Ti ne is of the essence.
All other terms and conditions of the Contract dated November 9, 2Q17, and arnended November 28, 2018, and May 3I, 2019, shall remain in full force and effect.
The date of this Amendment shall be the date that it is signed by the City. year
IN' VsetITNESS WHEREOF, City and Consultant have executed this Amendment on the days and forth below:
Packet Pg. 570 Attachment: Previous staff report 01-24-22 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj)
CITY OF REDDING
A Municipal Corporation
Dated: 2022
By: KRISTEN SCHREDER, Mayor
Form Approved.• I BARRYE. DeWALT
I
Attest: City Attorney
I
PAMELA MIZE, Ciry Clerk By:
GHD .
Dated: 1 / i `` ' Z v L Z-, 2022
By: Douglas J. Ries; . E.
Taxpayer I.D. No.: --- G" c Z
Packet Pg. 571 Attachment: Previous staff report 01-24-22 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Gansuiting and Professiona( Services Contract ( C- 7420) Third Amendment
Dawntawn Streets Circulation Praject
Prepared: December 16, 2021
a
j%`, : s : '
The City desires ta modify the draft alifarnia Street Bikeway PS& E ( previously completed to 60%) in arder to reduce costs and better c4nforrn to newly proposed projects with in the project limits. incr ase to Tas6c 5: Pre aration of PS& E ( P6 se 4507) The fiol( owing subtasks are added to Task 5 to re- evaluate the design and upda e the plans to final design:
1' as A Ci it Re- Desi n
GHD will prepare updated pians for the new design features. 7ask B
andscaping Irrigation and Planting Re- Design
GHD and Michael Lander will update the landscaping irrigatian and lanting plans to reflect new design features.
1"ask C Drainage Re c rt
GHQ wi( I prepare a Drainage Report and Starm Water Data Report {SWDR). Elernents for the report include the existing and proposed drainage shed maps, narrative of the drainage eonditions priar to and after the praject, and deYerminatifln of pre and post runoff quantities.
It is assumed that this project daes not require storm water treatment and therefare MS4 Plans, Calculations and storm water treatment in not included in this scope of work. The Drainage Reporfi and SWDR will be prepared in confarma ce with Caltrans standards. This scope inctudes:
Preliminary Hydrology and Hydraulics Reports
Preliminary SWDR
Draft/Final Hydralogy and Hydraulics Reports
DraftlFinal SWDR
Task D
Design Engineering Evatuatian Report( DEERJ
GHD will prepare a DEER, per Caltrans guidelines, as the Project Initia#ian Document. 1' ask E lonstandard Design Feagures
GHD wi!! prepare a esign Cnformati4n Bulletin (DIB} 78 "Design Cheeklist" and a Design Standard Decisian Document for one design exception as required by Caltrans. The scape assumes that Caitrans district and headquarters functicrns are supportive and that an exeeption wil! be granted fc r the nonsfiandard { 11') lane widths. GHQ will then prepare draft and final versions of the Qesign Standard Decision Document for the nonsfandard lane width to obtain concurrence from Caltrans.
Task F Bid t uanti i s for Re- D sign
GHD will prepare upda#ed and new preliminary quanfity calculations and prepare an updated opinian vf cansfiruction cast to refleet the re- design.
Packet Pg. 572 Attachment: Previous staff report 01-24-22 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Consuiting and Professianal Senrices Contract { C- 7420) EXH 1 BIT A' 3 Third Amendment
Downtown Streets Circulation Project
Prepared: December 16, 2021
Task 8: Traffic Operatians Analysis
The City desires to evaluate the circulation of Tehama Street from Oregon Street to Ca{ifarnia Street with the construction af the California Stree# Bikeway project. This scope will evaluate the conversion of Tehama Stree# to be ane- way { eastbound traffic only) from jus#east of the railroad to Califarnia Street. This will also restrict the subsequent vehicle movemen# s at the intersection Tehama Street and California Street. This scope includes performing a traffic and safety analysis at the study intersections and roadway segment and overall circulation study for the surrounding influence area.
Task A Data Collection
Multimodal traffic counts wil) need to be callected at the project study intersections and roadway segments, pre-closure and during the closure of westbound Tehama Street.
GHD will co{ lect AM/ PM peak haur and weekend ( 11 a. m.- 1 p. m.) turning movement multimodal traffic counts ( vehicles, bicycles, and pedestrians) at the study intersections identified below:
Proiect Studv Intersectians
California Street and Shasta Street
e California Street and Tehama Street
California Street and Yuba Street
Ca}ifornia Street and Placer Street
Oregon Street and Placer Street
Oregon Street at Yuba Street
Oregon Street at Tehama Street
4regon Street at Shasta Street
GHD will collect 24 hour traffic counts on the segments on a weekday and weekend.
Proiect Roadway Seqment
Tehama Street from Oregan Street to California Street
California Street from Shasta Street to Tehama Street
California Street from Tehama Street to Yuba Street
GHD will collect the past six ( complete} years of collision data (2015-202Q} fram SWITRS and TIMS and crosschecked with the City of Redding' s Police Department for the study intersections and roadway segment. 1Nth COV1D lockdowns in 2020, it is important to evaluate a additional year to capture a representative 5 years of coltision data.
GHD will collect travel time runs in the AM and PM peak hour { 7: 00- 7: 30 a. m. and 5: Q0 - 5: 30 p. m.) using the "floating car" technique in quantifying the average field travel times for the exisfiing conditions and proposed conditians. In addition, vehicle miles traveled {VMT) will be quantified from obtaining the average daily traffic ( ADT} from the latest version of the Packet Pg. 573 Attachment: Previous staff report 01-24-22 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) Consufting and Prafessianai Services Gontract ( C- 7420) Third Amendment
Dawntown Streets Circuiation Project
Prepared: December 16, 2421
Shasta County Travel D mand ModeE, The VMT will be calculated from the average daily traffic ( AQT) for each study roadway segment by the segment' s length.
Task B Traffic Anatysis
GHD will analyze the traffic analysis for existing conditions ( pre-ciosure and clasure in Task A. 1} and proposed impravements for the study intersections and roadway segment for cxisting conditions 2Q21 and 204t7. These improvements wi!! include any necessary traffic signal and signing modifications to accammodate the one- way conversion.
GHC} will utilize SynchrolSim Traffic ta perform the levef of service ( LOS) anaiysis intersection and roadway segment} with HCM 6 methodo( ogy and 95'' percentile queue lengths at study intersections using microsimulation ( Sim Traffic).
In addition, the travel time and VMT will be quanti ed for existing and future conditions 2040).
Task C Safety Analysis
GHD will analyze the collisian analysis for study intersections and roadway segment and identify any crash trends ar safety issues. GHD will map the callisians in GIS and create collision maps far crash severity and crash type { included pedestrian and bicycle crashes).
In addition, coliision diagrams will be performed in identifying the cause of collisions.
Alsa, the ir tersectian canflicts points for vehicle, bicycls, and pedestrian will be quantified for existing and proposed conditions in evaluating current and propased safety eonditior s.
Other considerations such as the at grade raif crossing will be discussed.
Task D Circulatian Analysis
GHD will perform a circulation analysis of the existing and prapased conditians including access to the existing business driveways and access point on Tehama Street from Oregon Street to Caiifornia Street. This will include analysis of the circulation of the afFected roadway routes in the influence zone for the project.
Task E Canclusion and Report
GHD will document II the results from the traffic and safety analysis and summarize it in a report. GHD will first deliver a draft report for comments fram the Cify af Redding. After addressing al( the camments, then GHD will produce a finai signed and sealed repart.
Task F City Council Meeting Support
GHD wilf provide exhibits ar a PowerPoint presentation for City Caunci! meetings as required. GHD wilf be available to attend twa ( 2} City Council Meetings to present the findings af the traffic operatians analysis and subsequent report. Additional Meetings if required will be available through a Time and Material phase with prior client approval.
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Packet Pg. 575 Attachment: Previous staff report 01-24-22 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj)
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 Omni- Means, Ltd., (" Consultant") for the purpose of Design and Construction Support for the Downtown Streets Circulation Project.
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 Exhibit 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 E ibit B, attached and incorporated herein, in a total amount not to exceed Nine Hundred Sixty Thousand Dollars ($ 960, 000). 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 ofthe 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 shall 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 Tasks 2 and 3 of Exhibit A are subject to the payment of prevailing wages and all other requirements ofthe 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 P2EVW AGE- Consulting and Professional Services Contract I
I
l, ti'-. Page 1
Rev. 02/ 17
Packet Pg. 576 Attachment: Previous staff report 01-24-22 (4.11(d)--Amendment to C-7420 Engineering Services for Downtown Streets Circulation Proj) to Section 1777. 5 ofthe Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815of the Labor Code and the obligation set forth in Section 1774- 1776 ofthe Labor Code in regards to payment ofprevailing 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 1725. 5. No 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 November 9, 2017, and complete said work no later than December 31, 2019. 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, ifthe 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 ternunation for cause.
D. Consultant hereby acknowledges and agrees that the obligation of City to pay under this Contract is contingent upon the availability of Ciiy' 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.
PREVW' AGE- Consulting and Professional Services Contrac