Loading...
HomeMy WebLinkAboutKimley-Horn and Associates 2008-03-03CC's 0 j 030 `b AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES [Design Professional] This Agreement, made and entered into this 3 day of 2008 ("Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Kimley Horn and Associates Inc., a Corporation organized and in good standing under the laws of the state of North Carolina, and authorized to conduct business in the State of California, hereinafter referred to as "Consultant" or "KHA". RECITALS This Agreement is predicated on the following facts: a. City requires consulting services related to Design of Storm Drain Improvements at the Ukiah Municipal Airport. b. Consultant represents that it has the qualifications, 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 shall commence performance of services as required by the Scope -of -Work upon receipt of a Notice to Proceed from City and shall complete Std - ProfSmAgreemem-July2002 PAGE 1 OF 7 such services within Eight (8) Months from receipt of the Notice to Proceed (as set forth in Attachment "A"). 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 performance 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 $190,377. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Exhibit A, 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 Exhibit A. Consultant shall complete the Scope of Work for the not -to -exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. 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 anticipate on the date they entered this Agreement. 4.3 Sub -contractor Payment. 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 included within guaranteed not -to -exceed amount set forth in Section 4.1. 4.4 Terms of Payment. 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 Ukiah for any purpose whatsoever. Ukiah 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. Std - ProfSvcsAgreement-July2002 PAGE 2 OF 7 Those provisions of this Agreement that reserve ultimate authority in Ukiah 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 establishing the relationship of employer and employee between Consultant and Ukiah. 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. 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 performing 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 Liability. 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 duration 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. Std - ProfSvcsAgreemen1-Ju1y2002 PAGE 3 OF 7 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 00 01 11 85. 2. ISO Form No. CA 0001 (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. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 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 Liability: $2,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers Liability: 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 liability: $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 City, 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 Std - Pro}SvcsAgreemen1-Jtdy2002 PAGE 4 OF 7 The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages 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. 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 excess of the Consultant's insurance and shall not contribute with it. C. Any failure to comply 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 Employers Liability Coverage 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. 3. Professional Liability Coverage If written on a claims -made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from ------ to------------- 4. All Coverages 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. Std - ProfSvcsAgreem Wuly2002 PAGE 5 OF 7 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 strength, AA for long-term credit rating and AMB -1 for short-term credit rating. F. Verification of Coverage 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 If Consultant uses subcontractors or sub -consultants, it shall cover them under its policies or require them to separately comply with the insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to the negligent 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 costs associated with defending the claim, including, but not limited to, the reasonable fees of attorneys, investigators, consultants, experts and 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 Std - ProfSvcsAgreement-July2OO2 PAGE 6 OF 7 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 Governing 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 Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. 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 Assignment. Consultant's services are 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 non -breaching 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, subject to off -set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.10 Duplicate Originals. This Agreement may bearing the original signature of the parties. be admissible in administrative or judicial Agreement between the parties. 8.0 NOTICES Std - ProfSvcsAgreement-July2002 PAGE 7 OF 7 be executed in duplicate originals, each When so signed, each such document shall proceedings as proof of the terms of the Any notice given under this Agreement shall be in writing and deemed given when personally delivered by overnight courier, fax or registered or certified mail or 48 hours after being deposited in the U.S. mail with proper first class postage affixed thereto and addressed to the parties as follows: CITY OF UKIAH Kimley Horn Associates, Inc. C/o Paul Richey, Airport C/o Kevin Flynn, Project Manager Manager 765 The City Drive, Suite 400 300 SEMINARY AVENUE Orange, CA 92868 UKIAH, CALIFORNIA 95482-5400 FAX: 714-938-9488 FAX: 707-463-6204 Consultant acknowledges that Kevin Flynn is an authorized agent of Consultant for service of process at the address set forth in this paragraph. Std - ProfSvcsAgreement-Ju1y2002 PAGE 8 OF 7 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: Date PRINT NAME: Nikki Ker P Vice President IRS IDN Number CITY OF UKIAH �F47i4-�777 om)os0 v) Date CITY MANAGER C"ATTES / All= RETERSE t /-/A,& L /A, C, ;9 ro A CITY CLERK � APPROVED AS TO FORM: DA RAPPOR CITY ATTORNEY, CITY OF UKIAH Std - ProfSv"Agreement-July2002 PAGE 9 OF 7 - s- OK Date City of Ukiah Storm Drain Design Januarv,2008 ATTACHMENT "A" UKIAH MUNICIPAL AIRPORT UKIAH, CALIFORNIA SCOPE OF WORK DESIGN FOR REHABILITATION OF STORM DRAIN SYSTEM Proiect Understanding Kimley-Horn and Associates, Inc. (KHA) proposes to provide engineering and design services for the Ukiah Regional Airport Storm Drain Rehabilitation Project. This project includes engineering services required to design, assist the City with public bidding and provide limited construction phase services to rehabilitate and replace selected segments of the airport storm drain system. The City recently contracted with KHA to complete a capacity and condition assessment of the subject system to identify those segments of pipe that were operationally deficient. KHA completed a Rehabilitation Alternatives Report, which identified two alternatives for upgrading the deficient segments. The City selected the "Replace -in -Place" option, which generally maximizes the use of trenchless pipeline rehabilitation and replacement to upgrade the system. KHA's scope of work is based on the implementation of those recommendations. Proiect Description The "Replace -in -Place" Alternative includes rehabilitation of segments through pipe -lining and spot repairs, as well as replacement of segments using both trenchless and open cut technologies. The following table summarizes the number of segments, total length of pipe and anticipated construction method. The Kimley-Horn and Associates, Inc. team has planned to accomplish the work requested by the City according to the Scope of Services outlined below. Ukiah Airport Page I of 10 Ukiah, CA Scope of Work ❑M❑ and , tte. City of Ukiah Stonn Drain Design January, 2008 Scope of Services 1.0 Preliminary Design Services 1.1 Project Kick-off Meeting: KHA will facilitate a project Kick-off Meeting at the project site after the contract is finalized. The KHA Project Manager and City Project Manager, as well as select KHA team members will attend. The purpose of the meeting will be to convey project requirements, review the project site with KHA geotechnical team to mark boring locations, review access and construction limitations, receive City information (such as FAA requirements, maps, utility coordination information), and establish communication protocols for the project. 1.1 Surveying_ The KHA team will survey the site using aerial photography. Ground photo control panels will be set and tied to local control. The KHA team will obtain stereo aerial photography suitable to prepare photogrametric topographic mapping of the general project area (a 100 foot wide corridor approximately 10,000 feet long) at a scale of 1 "=40' with 1 foot contours. Record boundary lines will also be overlaid on the base mapping. Final mapping will include: location of roadway features, existing structures, fences, walls, driveways, control systems, surface evidence of utilities, and other pertinent improvements as shown in the aerial photography. The KHA team will complete field survey to obtain storm drain structure lid or grate elevations and pipe invert elevations for a maximum of 50 structures. 1.2 Geotechnical Investigation: _ The KHA team will conduct a geotechnical investigation of the project site. The investigation will gather design information about the local subsurface conditions as it pertains to the anticipated methods of construction; open cut trenching, pipe bursting, pipe reaming, pipe ramming and bore and jack. The geotechnical investigative services will be sufficient to provide appropriate subsurface data to serve as the basis for geotechnical engineering recommendations for design and construction using the identified methods. The geotechnical investigation will include the following elements: i. Mark boring locations in the field and notify underground service alert; ii. Drill and sample up to 6 borings to a maximum depth of 15 feet each. iii. Log the borings for existing pavement thickness and basic soil characteristics including — USCS classification, description, moisture condition, and the presence of free groundwater; iv. Obtain bulk and relatively undisturbed soil samples from the borings for laboratory testing; V. Prepare a geotechnical report that includes the following: A summary of pavement, soil, and groundwater conditions encountered. Logs of the borings, Results of laboratory tests, General guidelines and applicability for Open Cut Trenching, Pipe Bursting, Pipe Reaming, Ukiah Airport Page 2 of 10 M-Fbm Ukiah, CA Scope of Work ❑M❑ dAAsso IBS, W. City of Ukiah Storm Drain Design )anuary,2008 Pipe Ramming, and Bore & Jack construction methods, Guidelines for construction of permanent below grade structures, Guidelines for sheeting, shoring and bracing for below grade structures. The following is agreed upon by City and KHA with respect to completion of geotechnical services. i. No special training or certification will be required to perform our services within the airport boundaries. ii. Airport authorities will secure access for KHA geotechnical team exploration on airport property; iii. The exploration locations will be accessible using convention rubber - tired drill rigs equivalent in size to a Mobile Drill B-80 drill rig; iv. Airport authorities will be responsible for all aircraft notifications and for closure of the airport during exploration, if necessary; and V. By contacting USA regarding utility locations on-site, KHA geotechnical team will have performed the standard of care, due diligence to avoid encountering buried utilities during exploration. If mislocated or unlocated utilities are encountered during exploration, KHA geotechnical team cannot be held responsible for the adverse affects caused by encountering those utilities. 1.2 Utility Coordination: It is understood that all conflicting utility information on the airport property is know by the City. KHA will rely on the City to provide all conflicting utility information for on-site work. No coordination with owners and operators of conflicting utilities is anticipated. Should the City determine that utility coordination is required for this project, KHA can provide this assistance as an additional service. Should this be requested, the City would provide a list of additional outside entities for utility coordination. 1.3 Environmental: KHA will review the areas listed in the Federal Aviation Administration's, SFO Airports District Office's Environmental Evaluation Form as they relate to the Storm Drain Rehabilitation Project. KHA will rely on information readily available from the City and standard databases as well as a field visit to compile relevant environmental information. KHA will complete the Environmental Evaluation Form for submittal to the FAA by the City of Ukiah. This scope of work does not include environmental review and analysis beyond basic evaluation and compilation in support of a typical airport related categorical exclusion under NEPA. Task 1 Deliverables: ➢ Meeting agendas ➢ Meeting notes Ukiah Airport Page 3 of 10 Ukiah, CA Scope of Work 12MM" andp, , Inc. City of Ukiah Stonn Drain Design January, 2008 Geotechnical and Topographical Survey Reports ➢ Environmental Information in Support of NEPA determination 2.0 Design 2.1 Plan Production: KHA will create a design that includes plans and technical specifications suitable for public works construction. We expect the detailed design phase to include the following. KHA will produce a 22" x 34" plan set at 1 "=50' Horizontal and 1 ":5' Vertical scale (for plan and profile sheet), for use in bidding and construction. Plans will utilize the planimetric features captured by the surveyors as background for the new storm drain lines. KHA will use the Aviation Circular 150/5320-5B Airport Drainage (Department of Transportation Federal Aviation Administration) and City of Ukiah Drainage Design Standards as technical guidelines for design. The City will review the plans and provide all locations of the existing wet and dry utilities that are not captured by the surveyor. Information relative to the existing wet and dry utilities that is not provided by the City and is not captured by the surveyor will not be shown on the plans. Plans will detail location of new storm drain lines including: pipe alignment and structures, as well as connections to existing pipes. In addition, details of connections will be given to illustrate means of re -connecting services to new pipes. The limits of detail on the construction plans will be from the new storm drain main lines to a distance 20 -ft measured laterally on each side of the new alignment or to connection point to existing pipes. The plans will not include any specific routes or details for installation of building or facility connections or re- connections to new pipe. 2.2 Technical Specifications and Plan Notes: KHA will prepare technical specifications and general plan notes required to direct the contractor to execute the work in Ukiah Airport Page 4 of 10 Ukiah, CA Scope of Work ❑mm" and Ate, hc. Feet of Mainline 5,008 �sttmate€1 P an Sheets ;. Title Sheet & Sheet Index 1 General Notes 1 Airport Project Safety and Phasing Plan 2 Plan Sheet for Pipelining and Spot Repairs 2 Plan and Profile Sheets for Pipe Replacement 2 Construction Details 2 TOTAL SHEETS 10 KHA will produce a 22" x 34" plan set at 1 "=50' Horizontal and 1 ":5' Vertical scale (for plan and profile sheet), for use in bidding and construction. Plans will utilize the planimetric features captured by the surveyors as background for the new storm drain lines. KHA will use the Aviation Circular 150/5320-5B Airport Drainage (Department of Transportation Federal Aviation Administration) and City of Ukiah Drainage Design Standards as technical guidelines for design. The City will review the plans and provide all locations of the existing wet and dry utilities that are not captured by the surveyor. Information relative to the existing wet and dry utilities that is not provided by the City and is not captured by the surveyor will not be shown on the plans. Plans will detail location of new storm drain lines including: pipe alignment and structures, as well as connections to existing pipes. In addition, details of connections will be given to illustrate means of re -connecting services to new pipes. The limits of detail on the construction plans will be from the new storm drain main lines to a distance 20 -ft measured laterally on each side of the new alignment or to connection point to existing pipes. The plans will not include any specific routes or details for installation of building or facility connections or re- connections to new pipe. 2.2 Technical Specifications and Plan Notes: KHA will prepare technical specifications and general plan notes required to direct the contractor to execute the work in Ukiah Airport Page 4 of 10 Ukiah, CA Scope of Work ❑mm" and Ate, hc. City of Ukiah Strom Drain Design January. 2008 general accordance with the Aviation Circular 150/5320-513 Airport Drainage and City of Ukiah Drainage Design Standards. Where deemed appropriate by KHA standards will be referenced rather than included within the technical specifications. KHA will author a maximum of 4 additional technical specification sections specific to trenchless construction methods to be included in the Contract Documents. 2.3 Cost Estimate: KHA will prepare an Engineer's Opinion of Probable Construction Cost (OPCC) that will detail the anticipated costs to construct the project as it is designed. KHA will prepare a planning level OPCC for the 30% and 95% submittals, and a final OPCC for submittal with the Design Report. 2.4 QA/QC Reviews: KHA will conduct internal review of project deliverables prior to releasing them to the City. KHA will conduct formal project review meetings wherein KHA will review the project and receive comments from City staff. KHA will participate with City staff in two (2) project/plan review meetings. 2.4.1 30% Plan Review Meeting: The plans will be considered 30% complete when all plan and profile sheets are laid out with the new storm drain lines shown in their proposed alignments and all known utility information is added. 2.4.2 95% Plan Review Meeting: The plans will be considered 95% complete when the alignments have been adjusted to account for conflicting utilities, details have been added to the plans, technical specifications and draft design report are complete. The purpose of this meeting will be to review all previous assumptions and verify that final alignments, connection points, and details remain valid. Task 2 Deliverables: ➢ Review Meeting agendas ➢ Review Meeting notes (if deemed necessary by KHA) ➢ Planning Level OPCC ➢ 2 sets full size & 2 sets hay ­size - 30% plans ➢ 2 sets full size & 2 sets half size - 95% plans 3.0 Contract Documents 3.1 Contract Documents: KHA will assemble the plans, City standard contract language and project specific technical specifications into Contract Documents sufficient for public works bidding. Contract documents will be made available to bidders at production cost plus a markup. The City will receive 5 complete sets of Contract Documents for internal use. Ukiah Airport Page 5 of 10 Ukiah, CA Scope of Work 12m" �,Wq� , hc, City of Ukiah Stonn Drain Design January, 2008 3.2 Design Roort: Kimley-Horn will prepare a Project Design Report ("PDR") describing the engineering analyses required to complete the design. The Design Report will include the following: ■ Identification of the general project design parameters; ■ Discussion of selected construction methodology; ■ Environmental information addressing the chosen design alternative, including impacts, regulatory requirements, and required permits, documents, and reports; ■ Detailed assessment of the chosen design alternative, including size, location, layouts, calculations used to complete design, and required modifications to existing facilities; ■ Constructability assessment of how the project can be implemented or staged while maintaining the operational characteristics of the existing storm drain system; ■ Final opinion of probable construction cost based on the selected design alternative. Task 3 Deliverables: ➢ 1 Set of bid ready plans, signed and stamped for reproduction by the City (mylar or similar) ➢ 5 sets hard copy full size & 5 sets half size — bid ready plans (I electronic copy — PDF ➢ 5 hard copy Contract Documents (I electronic copy - PDF) ➢ 1 Design Report (1 electronic copy — PDF) ➢ 100% OPCC (as part of design report) ➢ Bid Documents for all bidders (to be purchased by bidders) 4.0 Bidding Services 4.1 Pre -Bid Meeting: KHA will facilitate a pre-bid meeting to be held at the Airport. At the meeting, KBA will describe the project to bidders and provide answers to questions. The meeting may include a tour of the project site. 4.2 Bidding Support: During the bid period, KHA will provide support to the Bidders by continuing to answer questions and issue clarifications as required. Bidding support will also include preparation and issuance of any addenda to the Contract Documents. KHA has assumed that a maximum of two (2) addenda will be issued during the bid period. 4.3 Bid Opening & Recommendation to Award: KHA will provide support for the bid opening which is to be conducted by City staff. Following receipt and public opening of the bids, KHA will check the references of the apparent low bidder and make a written recommendation to the City to award the construction contract. Task 4 Deliverables: ➢ Addenda the Contract Documents Ukiah Airport Page 6 of 10 Ukiah, CA Scope of Work ❑MM© he. City of Ukiah Storm Drain Design January, 2008 ➢ Letter of Recommendation to Award Tasks Not Included in the Scope of Work This scope of work is intended to outline the services offered to the City by Kimley Horn and Associates. The list below is offered as a clarification of the services that are not included, not anticipated, or that would be completed by others. 1. Legal review of documents. 2. Obtaining any required permits including, but not limited to, any encroachment permits required by the City of Ukiah. 3. Construction observation (may be offered under a separate contract). 4. Construction inspection. 5. Expert testimony or court appearances. 6. Processing and recording of grand deeds, Records of Survey. 7. Right-of-way or Right -of -entry negotiations with landowners. 8. Preparation of utility easements, temporary construction easements, or other right-of-way acquisition documents. Additional Information and Understanding 5.0 Special Considerations Standards: formatting standards for all drawings, documents and reports will be defined by KHA using AutoCAD 2007 software for drawings, the Microsoft Word XP software for word processing and the Microsoft Excel software for quantities and estimating purposes. All work by the KHA team will conform to or be compatible with these conventions. 6.0 Owner's Responsibilities • Provide copies of existing records in its possession. • Provide consultant access to the project. • Participate in meetings and planning activities. • Participate in the development of the project plans and specifications. Assist the consultant in the developing or obtaining wage rates, DBE, legal, bonding and other provisions necessary for the contract documents. • Timely review and response. • Approve pre -design studies, preliminary, final design and construction contract documents. • Perform additional responsibilities as detailed in contract terms and conditions. 7.0 Schedule It is anticipated that this scope of work will be completed within 8 -months of KHA Ukiah Airport Page 7 of 10 Ukiah, CA Scope of Work ❑C❑ a�ndqs�c1s, Inc. City of Ukiah Stonn Diain Design January, 2008 receiving a Notice to Proceed subsequent to the execution of this contract. 8.0 Method of Compensation KHA will provide the services described in Exhibit A on a labor fee plus expense basis, not to exceed the fee set forth in ¶4.1 of the Agreement for Professional Consulting Services, attached hereto. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of the date of the invoice. Labor fee will be billed according to the following rate schedule. Title Hourly Rate Principal $234 Project/Task Manager $202 Engineer, Project Accountant $147 Designer/CADD $95 Clerical/Administrative $78 These rates are effective until June 30, 2008. A 5% escalation to cover salary increases will be applied on July I" of each subsequent year (2) Direct reimbursable expenses such as express delivery services, fees, air travel, sub -consultants and other direct expenses will be billed at 1.05 times cost. Allocated Expenses (in-house blueprinting, in-house duplication, local mileage, word processing computer time, postage, facsimile and telephone) are incorporated into the hourly rates. Administrative time related to the project may be billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will be billed at $25.00 per hour. All permitting, application, and similar project fees will be paid directly by the Client. 9.0 Federal Requirements and Contract Clauses During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the Ukiah Airport Page 8 of 10 Khty4W Ukiah, CA Scope of Work ❑M❑ andAwwas, lic. 3 City of Ukiah Slot -in Drain Design January, 2008 discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including but not limited to (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises, as defined in 49 CFR Part 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. Ukiah Airport Page 9 of 10 Ukiah, CA Scope of Work MM ❑ �, kc. A City of Ukiah Stonn Drain Design January, 2008 2. DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. We would like to take this opportunity to notify you that Mr. Mike Fisher will be the Co -Project Manager on this Project. Mr. Fisher is licensed by the California Board for Professional Engineers and Land Surveyors as a Civil Engineer (Registration Number C67194). This notification to you is to comply with the requirements, effective March 10, 2000, of Title 16, California Code of Regulations, section 463.5. Your signature on the contract also serves as acknowledgement that you have received this notification. KHA, Inc., in an effort to expedite invoices and reduce paper waste, offers its clients the option to receive electronic invoices. These invoices come via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please select a billing method from the choices below: Please email all invoices to Please email invoices to AND provide a hard copy to the address listed above (please note below if it should be to some else's attention or an alternative address). Please ONLY provide a hardcopy invoice to the address listed above (please note below if it should be to some else's attention or an alternative address). Ukiah Airport Page 10 of 10 Ukiah, CA Scope of Work CC" x"dAWss*ocMWes , kic.