HomeMy WebLinkAboutRau & Associates, Inc. 2015-03-12 (2) Contract#1415166
AGREEMENT FOR
PROFESSIONAL. CONSULTING SERVICES
[Design Professional]
This Agreement, made and entered into this 12th day of March, 2015 ("Effective Date"), by
and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Rau and
Associates, a corporation organized and in good standing under the laws of the state of California,
hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to preparing applications for various permits and
design development (Phase 2 Engineering) for the development of infrastructure at the
Railroad Center Property at 309 East f'erkins Street.
b. Consultant represents that it has the c�ualifications, skills, experience and properly licensed to
provide these services, and is willing to provide them according to the terms of this
Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as
Attachment "A", describing contract provisions for the project and setting forth the completion
dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Attachment"A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment"A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement
between City and Consultant. The written Agreement shall be in the form of an Amendment to
this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shalf commence performance of services as required by the
Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services
within 42 calendar days from receipt of the Notice to Proceed. Consultant shall complete the
work to the City's reasonable satisfaction; even if contract disputes arise or Consultant
contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the per�ormance of the professional services of this Agreement,
Consultant shall be compensated on a time and expense basis not to exceed a guaranteed
maximum dollar amount of $38,500. Labor charges shall be based upon hourly billing rates
for the various classifications of personnel employed by Consultant to perform the Scope of
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Work as set forth in the attached Attachment B, which shall include all indirect costs and
expenses of every kind or nature, except direct expenses. The direct expenses and the fees
to be charged for same shall be as set forth in Attachment B. Consultant shall complete the
Scope of Work for the not-to-exceed yuaranteed maximum, even if actual time and expenses
exceed that amount.
4.2 Chanqes. Should changes in compensation be required because of changes to the Scope-of-
Work of this Agreement, the parties shall agree in writing to any changes in compensation.
"Changes to the Scope-of-Work" means different activities than those described in Attachment
"A" and not additional time to complete those activities than the parties anticipated on the date
they entered this Agreement.
4.3 Sub-contractor Pavment. The use of sub-consultants or other services to perform a portion of
the work of this Agreement shall be approved by City prior to commencement of work. The
cost of sub-consultants shall be inclucled within guaranteed not-to-exceed amount set forth in
Section 4.1.
4.4 Terms of Pavment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of invoice less any amount already paid to Consultant, which
amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall
provide a description of each item of work performed, the time expended to perform each task,
the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall
be accompanied by documentation sufficient to enable City to determine progress made and
the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for
its acts or omissions. Consultant (including its agents, servants, and employees) is not City's
agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent contractor
and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall
have no right to, and shall not control the manner or prescribe the method of accomplishing
those services contracted to and performed by Consultant under this Agreement, and the
general public and all governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been inserted
solely to achieve compliance with federal and state laws, rules, regulations, and interpretations
thereof. No such provisions and no other provisions of this Agreement shall be interpreted or
construed as creating or establishin� the relationship of employer and employee between
Consultant and City.
Consultant shall pay all estimated and actual federal and state income and self-employment
taxes that are due the state and federal government and shall furnish and pay worker's
compensation insurance, unemployment insurance and any other benefits required by law for
himself and his employees, if any. Consultant agrees to indemnify and hold City and its
officers, agents and employees harmless from and against any claims or demands by federal,
state or local government agencies for any such taxes or benefits due but not paid by
Consultant, including the legal costs associated with defending against any audit, claim,
demand or law suit.
Design-ProtSvcs.4greemenANovember 20,2008
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Contract#1415166
Consultant warrants and represents that it is a properly licensed professional or professional
organization with a substantial investment in its business and that it maintains its own offices
and staff which it will use in performinc� under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City.
Consultant has no interest and will not acquire any direct or indirect interest that would conflict
with its performance of the Agreement. Consultant shall not in the performance of this
Agreement employ a person having such an interest. If the City Manager determines that the
Consultant has a disclosure obligation under the City's local conflict of interest code, the
Consultant shall file the required disclosure form with the City Clerk within 10 days of being
notified of the City Manager's determination.
6.0 INDEMNIFICATION
6.1 Insurance Liabilitv. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for the
full period of time allowed by law, surviving the termination of this Agreement insurance
against claims for injuries to persons or damages to property, which may arise from or in
connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form
No. CG 20 10 10 01 ar�d Commercial General Liability Coverage — Completed
Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 000'I (Ed. 1/87) covering Automobile Liability, Code 1 "any
auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant's
profession. Architects' and engineers' coverage is to be endorsed to include
contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liabilitv: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage including operations, products and
completed operations. If Commercial General Liability Insurance or other form
with a general aggregate limit is used, the general aggregate limit shall apply
separately to the work performed under this Agreement, or the aggregate limit
shall be twice the prescribed per occurrence limit.
2. Automobile Liabilitv: $1,000,000 combined single limit per accident for bodily
injury and property damage.
Design—ProfSvcsAgreemeN-November?0,?008
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Contract#1415166
3. Worker's Compensation and Emplovers Liabilitv: Worker's compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of$1,000,000 per accident.
4. Errors and Omissions liabilitv: $1,000,000 per occurrence.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the C:ity, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects to the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liabilitv and Automobile Liabilitv Coveraqes
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied or
used by the Consultant, or automobiles owned, hired or borrowed by the
Consultant for the full period of time allowed by law, surviving the
termination of this Agreement. The coverage shall contain no special
limitations on the scope-of-protection afforded to the City, its officers,
officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance as
respects to the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be in excess of the Consultant's
insurance and shall not contribute with it.
c. Any failure to cc�mply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
d. The Consultant'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.
2. Worker's Compensation and Emplovers Liabilitv Coveraqe
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from Consultant's
performance of the work, pursuant to this Agreement.
Design-ProfSvcsAgreement-November 20.200A
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Contract#1415166
3. Professional Liabilitv Coveraqe
If written on a claims-rnade basis, the retroactivity date shall be the effective
date of this Agreement. The policy period shall extend from the effective date
to one year after the effective date.
4. All Coveraqes
Each Insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's rating of
no less than A-for financial strPngth, AA for long-term credit rating and AMB-1 for
short-term credit rating.
F. Verification of Coveraqe
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates and
Endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The Certificates and Endorsements are to
be on forms provided or approved by the City. All Certificates and Endorsements are
to be received and approved by the City before Consultant begins the work of this
Agreement. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time. If Consultant fails to provide the coverages
required herein, the City shall have the right, but not the obligation, to purchase any or
all of them. In that event, after notice to Consultant that City has paid the premium, the
cost of insurance may be deducted from the compensation otherwise due the
contractor under the terms of this Contract.
G. Subcontractors
Consultant shall include all sub-contractors or sub-consultants as insured under its
policies or shall furnish separate certificates and endorsements for each sub-contractor
or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject
to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination
of this Agreement, to indemnify the C;ity for any claim, cost or liability that arises out of, or
pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant
and its agents in the performance of services under this contract, but this indemnity does not
apply to liability for damages for death or bodily injury to persons, injury to property, or other
loss, arising from the sole negligence, willful misconduct or defects in design by the City, or
arising from the active negligence of the City.
"Indemnify," as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include all
Desi�n—ProfSvesAgreement-November 20,200tl
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Contract#1415166
costs associated with defending the claim, including, but not limited to, the fees of attorneys,
investigators, consultants, experts ancl expert witnesses, and litigation expenses.
References in this paragraph to City or Consultant, include their officers, employees, agents,
and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Documents and Ownership of Work. All documents furnished to Consultant by City and all
documents or reports and supportive data prepared by Consultant under this Agreement are
owned and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no additional cost
to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents
produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant
shall produce the digital format, using software and media approved by City.
7.2 Governinq Law. Consultant shall comply with the laws and regulations of the United States,
the State of California, and all local governments having jurisdiction over this Agreement. The
interpretation and enforcement of this Agreement shall be governed by California law and any
action arising under or in connection with this Agreement must be filed in a Court of competent
jurisdiction in Mendocino County.
7.3 Entire Aareement. This Agreement plus its Attachment(s) and executed Amendments set
forth the entire understanding between the parties.
7.4 Severabilitv. If any term of this Agreement is held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement of
both parties in writing.
7.6 Assiqnment. ConsultanYs services arp considered unique and personal. Consultant shall not
assign, transfer, or sub-contract its interest or obligation under all or any portion of this
Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be
a waiver of any other or subsequent breach of the same or any other covenant, term or
condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the
Agreement; 2) because funds are no longer available to pay Consultant for services provided
under this Agreement; or 3) City has abandoned and does not wish to complete the project for
which Consultant was retained. A party shall notify the other party of any alleged breach of
the Agreement and of the action required to cure the breach. If the breaching party fails to
cure the breach within the time specified in the notice, the contract shall be terminated as of
that time. If terminated for lack of funds or abandonment of the project, the contract shall
terminate on the date notice of termination is given to Consultant. City shall pay the
Consultant only for services perFormed and expenses incurred as of the effective termination
date. In such event, as a condition to payment, Consultant shall provide to City all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and
reports prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed hereunder,
Design—ProfSvcsAgreement-November 20,?008
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Contract#1415166
subject to off-set for any direct or consequential damages City may incur as a result of
Consultant's breach of contract.
7.9 Duplicate Oriqinals. This Agreement may be executed in duplicate originals, each bearing the
original signature of the parties. When so signed, each such document shall be admissible in
administrative or judicial proceedings as proof of the terms of the Agreement between the
parties.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when personally
delivered or deposited in the mail (certified or registered) addressed to the parties as follows:
CITY OF UKIAH RAU AND ASSOCIATES, INC.
ATTN: CITY MANAGER ATTN: MR. GEORGE RAU
300 SEMINARY AVENUE 100 NORTH PINE STREET
UKIAH, CALIFORNIA 95482-5400 UKIAH, CALIFORNIA 95482
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
RAU AND ASSOCIATES, INC.
BY: ���t"G���" �- � 3— /2 — 20► 5
� Date
PRINT NAME: EO��►"L C. 1QAu
t��.si D�n�T
R 4 - 2�l — q 5S7
IRS IDN Number
CITY OF UKIAH
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Date
CITY MANAGER
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CITY CLERK Date
Dea�—PrutSvcsAgreemeno-November 20,2008
PAGE 7 OF 7
GEORGE C.RAU,P.E.
Attachment A
"Hey';�"' � , Page 1 of 5
AND ASSOCIATES INC.
CIVIL ENGINEERS•LAND SURVEYORS
February 23, 2015
City of Ukiah
Attn: Shannon Riley
300 Seminary Avenue
Ukiah, CA 95482 Job No. R11003.4
RE: PROPOSAL TO PERFORM TASKS RELATED TO PREPARING APPLICATIONS FOR VARIOUS
PERMITS AND DESIGN DEVELOPMENT(PHASE 2 ENGINEERING)FOR THE DEVELOPMENT OF
INFRASTRUCTURE AT THE RAILROAD CENTER PROPERTY AT 309 EAST PERKINS STREET
Dear Ms. Riley:
TI�!s is to respond to a request for a proposai to continue to advance the engineering for infrastructure to
�;upport the proposed development of the Railrc�ad Center Property at 309 East Perkins Street through
the DD(Design Development) Phase and including the preparation of applications to the resource
agencies with jurisdiction over Gibson Creek.
�acl:ground Information
vdc� have been invoived in the redevelopment effort for t!��is property since 2011 when we were retained
by�Neston Solutions, Inc. to perform the topogra�hic �nd flood plain mapping. We have also worked with
�HU, inc. in supplemental mapping for the extension af Gla�Street across the NCRA Right-of-Way and
�uvorked with The McEdwards Group in the remediation pro:�ect for contaminated soiis. A previous
schematic design phase of the project was authorized by the City in order to meet the schedule
demanded by the JCC— Judicial Council of California (formerly known as the State Administrative Office
at the Courts or "AOC"). Some schematic design and cost estimating has been largely completed in
order to confirm the viability of redevelopment of the property with funds which are anticipated to become
available from the purchase of land by the JCC for the new Mendocino County Courthouse. RAU was
also involved in mapping the Sun House Mus�um Property for a City Project on that site, and then
providing additional mapping of Clay Street to cumplete the existing conditions along that street between
the raiiroad and Main Street. A conceptual plan for improvement of Clay Street to join with the new
e�ension across the railroad tracks and onto the Courthouse was part of tha#work.
Now it is important to move the project through the Design Development stage for development of a
project construction budget for the street and utility extensions through the site which will serve the
Courthouse and other future development. Since this effort must proceed expeditiously in order for the
State to continue to maintain a budget for the construction of the new courthouse, we have chosen GHD,
Inc. to act as our subconsultant for various specialized tasks, including the Design Development Planning
Level to address storm water dispersement through Low Impact Development (LID) principles for the
project. GHD, Inc. will be a subconsultant to Rau and Associates,lnc. (RAU}for this phase of the project.
Immediately foliowing conclusion of the Design Development phase, the Construction Document phase
must be completed in order to attempt to have the project begin construction in 2015 before the winter
rainy period forces a temporary cessation of construction. We will be submitting a proposal to complete
the Construction Document phase in the next waek in order to move directly to that phase and not have
any delays.
Permit Applications and Design Development Tasks Page 1
100 NORTH PfNE STREET • UKIAH,CALIFORNIA 95482 - 707-462-6536 • FAX 707-4&3-2729
www.rauandassoc.com
Attachment A
Page2of5
Project Understanding
The 11 acre site has been chosen by the JCC as the first choice for a new Courthouse for Mendocino
County. The land is owned by the North Coast Rail Authority (NCRA) and Northwestern Pacific Railroad
(NWPRR), a subsidiary of Union Pacific Railrnad. In order to bring the project to final approval and
assure purchase of the area required by the JCC, a particular configuration for the building and the
associated parking was developed by Skidmore, Owens, Merrill (SOM) for the JCC. The City of Ukiah is
a party of interest to help this project proceed as part of a redevelopment project which will have a
positive impact on the downtown area of Ukieh. By assisting with the implementation of engineering
design to advance the construction of infrastructure fo 2015, it wiii alfow the State to continue to maintain
its finance commitment to construction of the new courthouse as weli.
The redevelopment effort will also include the extension of Hospital Drive (Project Name — Courthouse
Drive) southerly to a new intersection with the extension of Clay Street between the railroad tracks and
eastern boundary of the current site. Advance planning documents indicate that ultimately the extension
of Clay Street may intersect with Peach Street to complete the traffic and pedestrian circulation pattern.
An application for the new at-grade Clay Street railroad crossing has recentiy been approved by the
California Pubiic Utility Commission(CPUC),which assures connection along Clay to Main Street.
The redevelopment of the raiiroad property will require the development of infrastructure including access
streets, sanitary sewer transmission lines, municipal water transmission lines, storm drainage facilities,
and power, telephone, natural gas and commuriication utilities. The new roadways would include curb,
gutter, sidewalks, median landscaping strips, bicycle lanes, and street trees. Gibson Creek also crosses
the north end of the site and FEMA mapping shows that the northerly part of the site is located within the
active Ffoodway and 100 Year Floodplain of the creek. The State Stormwater General Permit also places
limitations on the allowable post-development runoff from the site, which must be incorporated into the
desiyn of the site improvements. A hydrologic and hydraulic analysis and conceptual design is in
progress to demonstrate the feasibility to construct "Low Impact Design" or LID features fo handle
stormwater runoff in a way which meets the requirements of the State Stormwater General Permit.
The inter-relationships of infrastructure, redevelopment of the brownfield and solidifying the site for
acquisition for the Mendocino County Courthouse has a critical timeline to meet or the project will fail for
lack of ineeting timely milestones. The next critical deadline is in April, when the JCC will authorize the
purchase of the part of the site for the new Mendocino County Courthouse. A commitment to have the
serving infrastructure under construction in 201 fi and scheduled for completion in 2016 is an important
factor to the State to continue their funding commitrnent for this site. The documents required to get the
project out to bid and under construction include completion of the Design Development and Construction
Document phases of the engineering. In order to construct the structure which will have to cross Gibson
Creek near the intersection of Courthouse Dnve and Perkins Street, permits from Resource Agencies with
jurisdiction over Gibson Creek are necessary tc� acquire prior to the project going to bid. Initiating the
permit application process is deemed of highest importance on the critical path to beginning construction
in 2015.
In addition to the Courthouse Project, the City of Ukiah has a professional services agreement in place
with Rnn Baker Landscape Architecture to deveiop the Grace Hudson Museum Park which fronts on Clay
Street. Tasks done by RAU under the prior agreement with the City to develop conceptual plans included
providing Ann Baker Landscape Architecture with a conceptual street plan for Clay Street from the
railroad crossing to Main Street. Those tasks were completed with a standard city sidewalk shown in
front of the museum park property on Clay Street. Further tasks in this segment are not�nticipated to be
required at fhis time, but the curb, gutter, and walkway fronting the museum property may be modified by
Ann Baker Landscape Architecture as that project is developed, and it may require modifications of the
RAU conceptual drawings as well. We understand that the improvement of Clay Street from the railroad
crossing to Main Street is a separate project and is not contemplated for contemporaneous construction
with the infrastructure project at the Railroad Cenker/Courthouse Project.
A clescription of tasks required for this phase of the work follows:
Permit Applications and Design Development Tasks Page 2
Attachment A
Page3of5
A. Permit Aoplication Tasks
Permits must be obtained from the California Department of Fish and Wildlife (DFW), the US Army Corps
of Engineers(ACE) who must consult with the National Marine Fishery Service/NOAA Fisheries (NMFS),
and the California Regional Water Quality CUntrol Board (RWQCB). A 1600 Agreement permitting
streambed afteration must be obtained from DFW. A Section 404 Permit or Nationwide Permit must be
obtained from ACE with consultations from NMFS. A Section 401 Permit must be obtained from the
RWQCB to complement the ACE permit.
RAU has contacts at each of the agencies and will make initial contacts with the representatives to begin
an informal round of discussions so that all of the agencies are included and have a chance to review
concepts for the Gibson Creek Structure in partirular, as well as LID features being contemplated. A site
review with the agencies may be warranted at some point during this eariy process. if a site review is
arranged with one or more of the agency representatives, the City of Ukiah will be included in the site
review. Representatives of NCRA and JCC wili be invited as weil.
After receiving comments from the agencies, RAU will prepare the applications and arrange to have them
signed by representatives of the City. RAU will answer questions of the agencies and work to obtain the
permits in a timely manner to coincide with bidding of the project so that conditions set by the agencies
can become part of the design which is bid upon.
Deliverables for this task include coordinating with the resource agencies and City of Ukiah to establish
guidelines for the development of the Gibson Creek Structure. NCRA and JCC representatives may also
wish to participate. Three applications will be prepared and questions will be answered as they arise in
the permit application review process by the resource agencies.
The estimated cost of coordinating the agency review and preparing the three permits described above is
$12,500.
The schedule for this group of tasks is to begin as soon as authorized to make contact and coordinate
feedback from the resource agencies. That part of the task is expected to take about 30 days. The
applications can also be initiated soon after the work is authorized, but will require additional information
from addressing the design development tasks below and feedback from the agencies. It is expected to
take about 60 days to have the applications prepared and ready for signature by City O�cials. Then the
applications and their fees must be submitted to the agencies. It generally takes 30 to 45 days to get an
initial response, then another 30 to 60 days to respond to questions and have the permits ready to be
signed by the agency representatives. An optimistic time frame would be to have permits signed by the
end of July, 2015, if work is initiated in early March.
8. Desiqn Development Tasks
We will use the schematic design layout by Skidmore, Owens, Merrill (SOM) for the JCC to further
develop the conceptual plan of infrastructure to serve the Courthouse Parcel, including the connection of
the Clay Street Extension across the railroad tracks to a future intersection with Peach Street.
The design development phase includes establishing grades on the streets and near the Gibson Creek
channel, establishing tentative grades on the Gibson Creek Structure, establishing the alignment of
sidewalks (including accessible sidewalk ramps), further refining the location of utilities serving the
parcels (both Courthouse Parcel and residual parcels retained by NCRA), coordinating utility location with
LID features in the street areas, preliminary stonn drain sizing and location for coordination with the LID
features, and updating the construction cost estimates in more detail for use by the JCC, the NCRA and
the City of Ukiah in their negotiations for appartioning the cost of development. As used in this discussion
"LID features" mean Low Impact Design related to storm water runoff, to maintain the amount of storm
water runoff to the 85'h percentile quantity which currently runs off the site. The 85�' percentile is
sometimes compared to the "two-year storm" for visualization, although technically it is different. The
point is that the runoff from these types of ordinary storms must not increase by current storm water
��..�.�o� �
Permit Applications and Design Development Tasks Page 3
Attachment A
Page 4 of 5
regulations unless there are extenuating circumstances which then require more extensive mitigation in
other ways.
Design Development of the LID features is important to integrate at this stage because it has been
determined that the storm water runoff reduction features must apply to fhe individual components of the
site. That is, the JCC will assume responsibility for the LID features on the Courthouse Property and their
policy/regulations is not to intermingle the Courthouse LID features with other property or street LID
features.
In order to have a Storm Water Pollution Prevention Plan approved by the Regional Water Board, the
streets must have LID features incorporated within their construction areas because the streets will be the
first element constructed on the site. The LID features in the streets will have to be linear irt nature and
parallel the underground utilities, but maintain enough setback to prevent storm water intrusion into the
other utility trenches.
Since there will still be storm water runoff even after implementation of the LID features, there will need to
be integration of storm water overflow from the ir�dividual LID features to a storm drain system shared by
the entire property, including the streets and the JCC property. The stormdrain system will be in the
street right-of-way and will have adequate size ta accommodate the overflow from all of the individual LID
features on the entire site.
As in the prior work, GHD, Inc. will act as a subconsultant to RAU and perform various tasks related to
LID in coordination with the underground utility dcssign development tasks by RAU. These tasks include:
• Confirm locations and conceptual designs of bioretention facilities with City of Ukiah.
• Verify sizing, including confirming the design storm event(85`"percentile 24-hour event).
. Develop plan-view layout of bioretention areas for Clay Street and Court House Blvd.
• Develop typical cross-sections of bioretention areas and associated details.
• Update cost estimate for LID features.
. Develop Preliminary Standard Urban Storm Water Mitigation Plan (SUSMP)for Clay Street and
Court House Blvd. per LID manual (figures, narratives and calcs).
Deliverables for this group of tasks include:
• Six sheets of drawings with preliminary establishment of utility locations, plan and profiles of
street and sidewalk finished grade surfaces, plan and profile of two alternative structures to cross
Gibson Creek with Courthouse Boulevard, and establishment of areas reserved for LID features.
• Cross-sections or typical detaiis for integrating the LID components into the street area with
standard utilities such as joint utility trench (containing power, telephone, natural gas, and
CAN), sanitary sewer collection piping, storm drain piping and water distribution piping.
• Updated cost estimates for the various f��cilities, including a preliminary cost estimate of the two
alternative structures to cross Gibson Creek.
• Attendance at up to three meetings with City Staff, JCC representatives, and NCRA
representatives to obtain feedback about the drawings developed in the design development
phase.
• Communication with City Fire Officials and JCC Fire Officials and Pr�ject Architects to confirm
sizing of water distribution piping and tentative location of hydrants and fire service laterals.
The estimated cost of completing this task is$26,000, including $7,000 for the tasks which GHD will
perform as a subconsultant to RAU.
This work is expected to take approximately 5 weeks from the time the work is authorized to proceed, but
does depend on interaction with several agencies which could affect the schedule.
Permit Applications and Design Development Tasks Page 4
Attachment A
Page 5 of 5
Summarv of Proposed Fees
. Permit Application Tasks $12,500
• Design Development Tasks $26,000
Proposed Maximum Not-to-Exceed Fee
We propose to complete the scope of engineering services described for a Not-To-F�cceed Fee of
$38,500. The schedule of fees No. 31 and the basis fo� estimating the engineering costs is attached at
the end of this letter proposal.
Proposed Schedule
With the understanding of the urgency of advancing this project towards construction in 2015, we propose
to begin the work within two working days of receiving written authorization to proceed, with the
expectation that an executed agreement will follow within a reasonable time period. The tentative
schedule for each major task area is provided above. The schedule far permit application approvaf is
dependent upon the various agencies and their workload. The schedule of completion for the Design
Development tasks is approximately 5 weeks after initiating the worlc.
Assumptions and Exclusions:
This proposal is based upon the following assumptions:
. There will be two or three meetings with City Utility Staff to review infrastructure details.
. The configuration of the streets and the serving utilities will not change from the conceptuaV iayout
of February 12, 2015.
. It is anticipated that there wiU be two reviews of our Design Development Drawings by JCC with
interaction with SOM, who is designing the courthouse structure.
. GIBSON CREEK CROSSING NOTE: A strip of land at the northern end of the property is located
within the FEMA Floodway, where no development is allowed which affects the capacity of the
watercourse. A large amount of the area, most of which is outside the parcel to be purchased by
JCC is in the FEMA Floodplain which a�so has restrictions to its use. In order for development to
proceed, it may be required to modify the floodway boundary so actual development lies outside
this boundary or, as a minimum, it must be shown that any development in the floodway, such as
the Gibson Creek Crossing Structure, has no adverse impact to the floodway water surtace
elevation. Portions of the floodplain boundary wiil be modified by fills during development of the
Courthouse Drive. It is not known at this time what exactly needs to be done to achisve either of
these options. The scope of services assumes that the necessary detaifs to reso4ve this issue will
be addressed during the detailed design phase.
Thank you for this opportunity to be of service.
`
- Very truly yours,
.�;;�y�':�;�`._ i� � ��
.f. '�-w: �'' _y,'..;�'L "I
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�,=`� '-^��"`-''�''-�'" ' , George C. Rau, President
�' `�,, _� ,., ;�,:. Rau and Associates, Inc.
Registered Civil Engineer 21908
Expires 09-30-2015
Attachments:
Schedule of Fees#31
Task Hour Breakdown- Rau and Associates
PermitApplicarions and Design DevelopmentTasks Page 5
Attachment B
SCHEDULE OF FEES -Table 31 Page 1 of 3
Effective October 1,2012
Registered Civil Engineer Principal $162.00/hr,
Senior Registered Civil Engineer 145.00/hr.
Associate Civil Engineer 120.00/hr.
Project Manager 102.00/hr.
Land Surveyor 96_00/hr.
La6-Survey Manager 112.00/hr.
Staff Engineer/Staff Surveyor 94.00lhr.
Water Pollution Controt Manager(PW) 140_00/hr.
QSD/QSP Specialist(Non PW) 110.00/hr.
Instrument Operator(PW) 104.00/hr.
Rodman(PW) 92.00/hr.
Materials Tester including PW(nuclear gauge charge may apply) 116.00/hr.
Construction Inspector(PW) 128.00/hr.
Technician IV 72.00/hr.
Technician III 66.00/hr.
Technician II 54.00/hr.
Technician I 38.00/hr.
Administration 48.00/hr.
Vehicle Use(subject to change due to Internal Revenue Standards} 0.555/mile
Outside Services Over$1,000 Cost+5%
Outside Services Under$1,000(Aggregate amount) Cost+15%
Expert Witness/Testimony at Trial, Deposition,Arbitration $250.00/hr.(4 hour minimum)
Laboratory Tests:
Texture Analysis(Mendocino County Heaith Dept.) $45.00/ea.
Unit Dry Weight-Moisture Content(Tube Sample or f'ed) 35.00/ea.
Sand Equivalent(CTM 217) 110.00/ea.
Sieve Analysis-Coarse Aggregates(CTM 202) 50.00/ea.
Sieve Analysis-Fine Aggregate (CTM 202) 90.00/ea.
Maximum Dry Density(ASTM D1557)
4"Mold 205.00/ea.
6"Mold 235.00/ea.
Maximum Dry Density(ASTM D698) 190.00/ea.
Maximum Wet Density(CTM 216) 235.00/ea.
Unit Weight of Aggregate(CTM 212)
Method A or B 55.00/ea.
Method C 39.00/ea.
Crushed Particie Analysis(CTM 205) 67.00/ea.
Cleanness Value(CTM 227) 67.00/ea.
Durability Index-Coarse(CTM 229) 140.00/ea.
Durability Index-Fine(CTM 229) 220.00tea,
Specific Gravity&Absorption (CTM 206) 90.00/ea.
Plasticity Index(ASTM 4318) 162.00/ea.
Expansion Index(UBC Standard 18-2) 190.00/ea.
Unit Weight of Fresh Concrete(CTM 518) Technician Hourly Rate
Ball Penetration(CTM 533) Technician Hourly Rate
Air Content of Fresh Concrete(CTM 504) Technician Hourly Rate
Sample Preparation Times Technician Hourly Rate
Special Equipment Rates: Supplemental Billings:
Computer Aided Design Software $10.001hr. Engineering Copies 24 X 36 $3.00/sheet
Nuclear Gauge $100/per day` Engineering Copies 18 X 26 $2.40/sheet
All Terrain Vehicle $45.00/per day' Assessor's Map Copies $2.00/sheet
GPS Equipment �600/per day' Survey Monuments $3.00/each
Robotic Total Station $200/per day* Steel Fence Posts $8.00/each
'One Day Minimum Charge
Invoices will be rendered monthly, as a final or progress billing, whichever applies, and are payable upon receipt,
unless a mutually acceptable payment schedule has been established. Late Fees at a rate of 1 %% per month,
computed and charged monthly on the unpaid balances, shall be payable on accounts not paid within 30 days from
invoice date,
Budget Worksheet Continued Fee Schedute 31
Job No. R11Q03.4 Job Name: RR Center Courthouse Project-DD Date: February 24,2015
PHASES �--� DD-1
1 DD-2 �_� � LS __
__. Plans/Detail Dw Meetin slCost Est DD Work
. hrsl hrs/ � hrs! hrsl hrs/
Rate/Cost cost tota� cost total cost totai cost totat cost to��
Registered Civil Engineer Principal 162 $ 6 $ 972 B $ 1,296 $ �2 g � g�}q
Senior Registered Civii Engineer 145 $ - g _ $ _ $ _ $
Associate Civil Engineer 120 $ - 8p $ 9,600 26 $ 3,120 $ 8 $ 960
Project Manager 102 $ _ $ _ � _ $ _ �
Licensed Land Surveyor gg y _ $ _ � _ $ $
Senior Environmental Planner 9� $ _ $ _ � � $ $
Lab-Survey Manager 112 $ _ $ � $ $ $ °
Staff Engineer/Staff Surveyor 94 $ _ $ _ �— $ _ $ _ $ �
Technician IV 72 $ g . r" – $ $ � -
Technician III 66 ,� $ - $ _ ' $ _ $ _ $ _
Technician II 5q '" �
38 g _ $ � .. � � $ $ -
Technician I - $ — $
Water Poilution Control Manager{PYV; 14Q � $ _ � _ � _ $
QSD/QSP Specialist(non PW) 110 $ - $ — g � �
Instrument Operator(PU1� 104 $ _ $ _ � $ $
Rodman(PW� g2 $ �— $ _ $ '
_ $ _ ' $ _
Materials Tester(PV�(Regular) 116 $ - $ _ � � . � _ $
Construction Inspector 12g $ $ _ $ _ � $
Administration 48 $ - g���� — � � $
Vehicle Use(miles) 0.55 $ $ _ � _ � _ $_
RTK GPS Equipment(per day) 600 $ - � _ $ _ ��. �
Lab Unit Prices fl $ $ � _ $ $ _
Computer Hours 10 _ $ �g g ��p � _ � $
Permit Fees 0 �
Other 100 $ - $ S g _ $.'
Ouiside Service Over 1,000-GHD cost+ 5% $ - $ - $ $ - 7,000 $ 7 350
Outside Service Under 1,OOD cost+ i 5% $ . g _ $ _ $ _ �
Reimbursabies $2,590 0°/a $ - $_ � � _ � _ $
BUDGET FOR PHASE 4 $ - Q6 $ 11,332 3a � 4,416 0 $ 20 $ 10,254
Total This Sheet $ 26,002 � D
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Worksheet Page 2
Budget Worksheet Continued Fee Schedule 31
R11003.4 Job Name: RR Center Court House Project-Permits Date: February 19,2015
PHASES LP !' �"'—""�
hrsJ hrs/ hrs/ hrsl . hrsl
Rate/Cost cost total cost totai cost total cost tvtai cost =p��
Registered Civil Engineer Principal 162 60 $ 9,720 $ $ _ $ _ $ _
Senior Registered Civil Engineer 145 $ - $ _ $ _ '"`— $ _ — $ _
Associate Civil Engineer 120 12 $ 1,440 � $ - $ $ $ _
Project Manager 102 $ - $ _ g _ � _
$ -
Licensed Land Surveyor gf $ _ g _ $ _ � -
._._ $
Senior Environmental Planner 95 $ $ � _ $ _ $
Lab-Survey Manager 112 $ _ $ _ $ � $
Staff EngineedStaff 5urveyor 94 12 $ 1,128 $ $ _ $ _ $ _
Technician IV 72 �$ $ g _ g _ � _
Technician III 66 $ - $ g _ $ _ �° _
Technician II 54 $ - $ - � _ $ _ $ _ �
Technician i 38 $ - $ _ $ $
_ . $ ,
Water°oll��teor Contro!P:lanager(PW; ;�0 $ - $ - � - $ . $ �
QSD/QSP Specialist(non PV� 110 $ - $ _ $ � _ $
Instrument Operator(PV1� 904 $ - $ _ $ _ $ _ $
�Rodman(PV� 92 $ - $ $ - $ $ -
Materials Tester(P1/�(Regular) 116 $ g - $ _ $ _ �
Construction Inspector 128 $ - $ g _ $ $
Administration 48 $ $ $ _ � _ � _
Vehicle Use(miles) 0.55 $ - $ - g _ $ $ _
RTK GPS Equipment(per day) 6D0 $ $ _ g _ $ _ $ .
lab Unit Prices 0 $ - $ _ $ _ $ _ � _
Computer Hours 10 $ - $ g _ $ $
Permit Fees 0
Other 100 $ $ - $ v $ _ $ _
Outside Service Over 1,000 cost+ 5% $ - $ $ _ $ _ $
Outside Service Under 1,000 cost+ 15% $ - $ - $ _ $ �
Reimbursables $212 0% 1 $ 212 $ - $ � _ $ _
BUDGET FOR PHASE 85 $ 12,500 fl $ . � p g T� p g p $
Fish and Wildlife;Corps of Engineers; Regional Board;NMFS Total This Sheet $ 12,500 � D
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Worksheet Page 4