HomeMy WebLinkAboutWinzler & Kelly 2007-02-06C etc. /Q.
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
[Design Professional]
This Agreement, made and entered into this c day of ...Lb_ , , 200p( "Effective
Date "), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and
WINZLER & KELLY CONSULTING ENGINEERS, 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 the preparation of plans, specifications,
engineers cost estimate and related engineering reports and calculations for the Re-
alignment of Gobbi Street at Oak Manor Drive and Babcock Lane Project.
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.
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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
such services within the project time lines as specified in Attachment "A" 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 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 $91,900 based on the scope of work
defined in Attachment "A ". 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 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 Exhibit B. 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 if said sub - consultant was not identified in the Consultant's proposal. 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
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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.
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.
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.
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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 Tess than:
1. General Liability: $1,000,000 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: $1,000,000 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 claim.
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.
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D. Other Insurance Provisions
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.
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 to the
City's final approval of the Contract Documents.
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.
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E. Acceptability of Insurers
Except for professional liability insurance, insurance is to be placed with insurers
with a Best's rating of no less than A:VII and who are admitted insurers in the
State of California. Professional liability insurance may be underwritten by
Lloyds of London.
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. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
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, the cost of insurance becomes part of the compensation due the
contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
If Consultant uses subcontractors or sub - consultants, it shall cover them under
its polices 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 the negligence, recklessness, or willful misconduct of the 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 costs associated with defending the claim, including, but not limited to, the 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
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7.1 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
instruments of professional services, not products, and 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 and payment in full for Consultant's services at no
additional cost to City. Deliverables are identified in the Scope -of -Work, Attachment "A ".
Consultant shall not be responsible or liable to the City or others for any damages,
liabilities, or costs arising from the modification of the Work Product or it reuse by the
City or any person or entity that acquires or obtains the Work Product from or through
the 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.
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7.10 Duplicate Originals. 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
DEPT. OF PUBLIC WORKS
300 SEMINARY AVENUE
UKIAH, CALIFORNIA 95482 -5400
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WINZLER & KELLY CONSULTING ENGINEERS
ATTENTION: MIKE KINCAID
495 TESCONI CIRCLE
SANTA ROSA, CA 95401 -4696
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
WINZLER & KELLY CONSULTING ENGINEERS
PRI ' T N E: si.1 ,k ... • y
-oz7y r'Y
IRS IDN Number
CITY OF UKIAH
BY:
t
Date
CANDACE HORSLEY Date
CITY MANAGER
ATTEST
GAIL PETERSEN
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY, CITY OF UKIAH
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Date
ATTACHMENT "A"
Project Description
The Project consists of re- aligning Babcock Lane with Oak Manor Drive at Gobbi
Street to create a standard 90 degree intersection with four approaches. Gibson
Creek traverses the west leg of the existing offset intersections within an existing
short span, low profile, bridge. To accomplish the Project goals, it will be
necessary to prepare design documents to: construct a temporary creek
crossing, demolish the existing bridge, construct two box culverts, re- channelize
the creek near the intersection, demolish existing street pavement, re- locate any
conflicting utility, construct a new street section including curb, gutter, sidewalk,
and ADA curb ramps, remove an existing pedestrian bridge, and restoration of
Gibson Creek disturbed by the construction. The successful consultant will have
assembled a project team having expertise in road design, structural design for
concrete drainage culverts, geotechnical investigation, hydraulic analysis, and
topographic surveying and mapping.
The Design Services are to be provided in two phases consisting of the
Preliminary Engineering Phase and the Final Design Phase. The Preliminary
Engineering Phase is to consist of all engineering tasks including topographic
surveying, right of way monumentation verification, geotechnical investigation,
and hydraulic analysis and plan preparation to produce 40% design plans and an
opinion of probable construction cost. The deliverables produced from the
Preliminary Engineering Phase will be used by the City for the purpose of
finalizing any required special assessments or studies. The deliverables from the
Preliminary Engineering Phase will also be used by the City for their preparation
of the permit applications to the Corps of Engineers, Department of Fish and
Game, and the North Coast Regional Water Quality Board.
Upon the City's completion of the CEQA process and the receipt of comments
from the Permitting Agencies, the Final Design Phase is to commence and it
shall consist of performing engineering tasks necessary for the preparation of
final contract documents consisting of construction plans and special provisions
and the final opinion of probable construction costs. As part of the Final Design,
the Consultant shall assist the City in responding to any questions that may arise
during the bid period. The Project environmental assessments or studies,
Resource Agency permit applications, document preparation for and acquisition
of right of way, construction contract administration, construction inspection,
construction staking, and construction testing is to be performed by others, and is
not part of this contract.
The Project shall be designed in accordance with the design requirements and
parameters set forth in the City Standard Plans, the Caltran's "Highway Design
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Manual" and the May 2006 edition of the Caltran's Standard Plans. The
geotechnical project team shall perform adequate and appropriate geotechnical
investigative work to determine if there is adequate bearing for the proposed
concrete culverts and for determining R values of the basement soils underlying
the proposed road improvements. The topographic surveying and mapping shall
cover a sufficient area to include the floodway section through the Project Area
as well as sufficient distance beyond the proposed improvement to properly
design the project, as access allows. The topographic mapping shall include all
natural and manmade features within and immediately adjacent to the Project
including utilities of record and found right of way monumentation. The bench
mark for the Project shall be Bench Mark R5 as described on the FEMA FIRM
Map, Panel Number 060186-0001E. This bench mark is described as the top of
the fire hydrant on the west side of Oak Manor Drive, 52 yards north of the
intersection of Mohawk Drive and Oak Manor Drive. This bench mark is
approximately 720 feet north of the Oak Manor Drive and Gobbi Street
intersection.
The contract documents are to include, but be not limited to, construction plans,
special provisions, standard plans, standard specifications, and prevailing wage
rates. The contract plans shall be prepared on 24" x 36" mylar plan sheets and
drawn to a scale in English measurements and AutoCAD format. The street work
shall be shown in plan and profile at a scale of 1" = 20'. The Special Provisions
shall consist of the City's standard special provisions modified for the Project,
technical specifications, bidding forms, contract agreement, current prevailing
wage rates, and appropriate copies of the City Standard Plans and Caltrans
Standard Plans. The Project Standard Specifications shall be the 2006 edition of
the Caltrans Standard Specifications. The consultant will be given a digital copy
of the City's standard provisions which will require some modification. Print
copies of the Final Maps and improvement plans of the adjacent Oak Manor
Subdivisions, applicable annexation maps, topographic mapping prepared in
1987, design plans for the existing short span, low profile, bridge at Gobbi Street
and Gibson Creek and other record drawings on file with the City will be provided
to the Consultant by the City. A record search will be separately commissioned
by the City for the purpose of verifying the width of Babcock Lane and Gobbi
Street east of Oak Manor and the results of the record search will be provided to
the Consultant.
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Design Consultant's Scope of Services
The scope of services to be provided by the Consultant is limited to the following
work tasks for the indicated design phases:
Preliminary Engineering Design Phase
1) Consultant will attend a kick off meeting with the Public Works
Director /City Engineer and assigned project staff.
2) To help facilitate the City's parallel CEQA process with the preparation of
the preliminary design plans, the Consultant will communicate with
assigned City staff during the preliminary design phase to ensure that any
needed substantial change to the Concept Plan can be addressed in the
CEQA process.
3) Consultant will participate in two meetings with representatives from the
Fish and Game Department and NOAA Fisheries with the goal to develop
a consensus on how best to implement the goals of the City Concept Plan
with the least impact to Gibson Creek.
4) Consultant will review applicable recorded and unrecorded documents
and plans on file with the City and County pertaining to Gobbi Street, Oak
Manor, and Babcock Lane that are provided by the City for their review.
5) Consultant will review the FEMA Flood Insurance Study prepared for the
City of Ukiah and revised August 5, 1985. Review applicable Flood
Insurance Rate Maps that will be obtained and provided by the City.
6) Consultant will perform geotechnical investigative work to determine
bearing capacity of the underlying, saturated soils within the creek which
will support the proposed concrete box culverts and to determine the R-
value of the basement soils underlying the proposed road improvements.
The geotechnical work shall include soil testing to determine corrositivity
potential to concrete and reinforcement. The work of this task may be
completed in the Final Design Phase and assumed sections utilized in the
Preliminary Engineering Phase in order to meet the time line for the
completion of 40% design plans.
7) Consultant shall perform necessary structural calculations for the concrete
box culverts, utilizing standard box culvert dimensions and designs
included in Caltrans Standard Plans.
8) Consultant shall perform topographic surveying and mapping of the
project area covering a sufficient area to include the floodway of Gibson
Creek as well as a sufficient distance beyond the proposed improvements
to properly design the Project, as access allows. The City shall provide
any necessary access agreements. The topographic survey and mapping
shall include the Gibson Creek floodway from the south line of Gobbi
Street to 1060 feet upstream along Gibson Creek to the critical floodway
section.
9) Consultant shall identify utilities by obtaining information from the Utility
Companies, from field observation of visible and /or marked infrastructure
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and from "as built" plans on file with the City and Sanitation District.
Consultant will call USA prior the geotechnical investigation and may
utilize the marked utilities during the topographic survey. Water and power
are provided by the City within the corporate limits and sewer service is
provided by the City and Sanitation District. Electrical to the
unincorporated area and gas is provided by PG &E. Telephone is provided
by AT &T and cable is provided by Adelphia. City staff serve as Sanitation
District staff. The City shall provide utility information to the Consultant
relating to water, power, and sewer utilities under their jurisdiction.
10)Consultant will perform a hydraulic analysis to verify that the 100, 50, and
10 year floodwater elevations along Gibson Creek from the south line of
Gobbi Street to 1060 feet upstream to the critical floodway section will not
be increased as a result of the proposed improvements based on the
creek flows provided in the FEMA Study. The City is responsible for
obtaining the FEMA Study and providing that information to the
Consultant.
11)Consultant shall prepare and submit for review 40 percent design plans
which shall include the title sheet and plan and profiles of the road
improvements and box culverts. The plan and profiles shall show all
pertinent topographic information, utilities both above and below grade,
and the road right of way. Typical sections of the box culvert, road
sections and creek section shall be provided on the plans. Provide two
sets of plans accompanied with two sets of the hydraulic analysis and
geotechnical investigative report (if completed) for review and comment by
the City.
12)For permit review purposes, Consultant shall prepare a cross section of
the 175 foot wide floodway along the centerline of Gobbi Street on a 24 by
36 drawing sheet to demonstrate that the proposed improvements do not
exceed the existing surface elevations along the section. Consultant shall
submit five prints of the drawing to the City for submittal to the Resource
Agencies.
13)Consultant shall address City comments to the 40 percent design plans, if
any, and submit 10 sets of revised 40 percent design completion plans,
accompanied with five sets of the hydraulic analysis and geotechnical
investigative report (if completed) to the City. The City will submit required
information with the permit applications to the Resource Agencies.
14)Consultant will prepare a Preliminary Opinion of Probable Construction
Cost and an outline of the Technical Specifications and submit five copies
to the City.
Final Design Phase
15)Consultant will attend a project design meeting with City Staff to review
comments from the Resource Agencies and to discuss needed changes to
address any required environmental mitigations. Depending upon review
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comments received, needed changes could necessitate a modified scope
and fee to address the changes, which will be discussed at the meeting.
16)Consultant shall prepare structural sheets for the concrete box culverts to
be incorporated into the Construction Plans.
17)Consultant shall respond to review comments and required project
mitigations and update the Construction Plans to the100 percent design
review submittal. Substantial changes to the design as a result of the
comments from the permit agencies will be treated as extra work, as noted
in item 15 above.
18)Consultant shall prepare Contract Special Provisions which shall include
the Notice Inviting Bids, the City's Standard Provisions modified for the
Project, the Project Technical Specifications, the Bid Schedule and
documents, the Construction Agreement, and copies or references to
applicable City and Caltrans Standard Plans, and information relating to
Industrial Relations Prevailing Wages for this project.
19)Once the above tasks are completed, the Consultant shall submit two sets
of the Construction Plans and Special Provisions (100 percent design
review submittal Construction Documents) to the City for review and
comment.
20)Consultant shall address /incorporate the City's review comments into the
Construction Documents and submit signed mylar originals of the
Construction Plans for the City's approval. The City shall review the plans,
sign them, and return them to the Consultant.
21)Once above task is complete, consultant shall make copies and submit 25
sets of the Construction Documents to the City for distribution to
prospective bidders and the Builder's Exchanges.
22)Consultant shall assist assigned City staff in responding to bid questions
relating to the design intent during the bid period, including the preparation
of one addendum.
23)Once construction is complete, Consultant shall Prepare "Record
Drawings" from information provided by the City. Consultant shall provide
finished mylar Record Drawings to the City for filing.
The Scope of Services does not include preparation of CEQA documents,
preparing permit applications, State Architect or ADA review requirements,
related special studies, construction related services, or work related to funding
agency requirements.
Proposed Project Time Line
The following critical completion dates for the Project have been established:
• Issue RFP 11/27/06
• Complete Initial Study and circulate for comment 12/11/06
• Design Service Proposals due 12/22/06
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• Conduct Consultant Interviews 12/27/07
• Prepare award recommendation to City Council 12/28/07
• Award of Design Service Agreement by City Council 01/03/07
• Complete execution of the Design Service Agreement 01/15/07
• Complete Preliminary Engineering Design Phase 02/28/07
• Complete CEQA process 03/16/07
• Submit permit applications to Resource Agencies 03/19/07
• Right of way acquisition 03/23/07
• City submits allocation request to Caltrans 04/02/07
• Receive Comments from Resource Agencies 05/04/07
• Conduct project meeting to discuss comments /mitigations 05/08/07
• Complete Final Design Phase excluding bid period assistance 05/25/07
• Resubmit to Resource Agencies for permits 05/29/07
• First publication of Request for Bids 06/03/07
• Open bids 06/27/07
• Prepare recommendation for award 07/12/07
• Award of Construction Agreement 07/18/07
• Begin Construction 07/30/07
• Complete Construction 11/02/07
• Provide marked up plans to Consultant 11/15/07
• Completion of Record Drawings 12/21/07
The timely completion of the hydraulic analysis and, subsequently, the
Preliminary Engineering Phase is predicated on the City obtaining information
from the Army Corps of Engineers and FEMA and providing that information to
the Consultant on a timely basis. The timely completion of both Design Phases is
predicated on the timely completion of preceding work phases which are beyond
the control of the Consultant.
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Exhibit "B"
Fee Schedule
The following fee estimating sheet indicates our estimated time and effort for various
tasks. Winzler & Kelly agrees to provide these scope of services outlined in Attachment
"A" on a time and materials basis not to exceed $91,900, billable monthly based on our
current fee schedule in effect at the time services are provided with a brief written
summary of the job status and work completed on each invoice submitted. Our current
fee schedule is included below, which may be updated over the life of this contract.
Project Name:
Prepared by:
Job Number.
WINZLER & KELLY - PROJECT FEE ESTIMATING SHEET
RE- ALIGNMENT OF GOBBI STREET INTERSECTION AT OAK MANOR DRIVE AND BABCOCK LANE
rj/bs /sa
P02502- 0659 -32214
1 - OTHER DIRECT COSTS include telephone, mileage, printing, photocopies and other miscellaneous direct expenses.
2 - Assuumes utilizing Caftans Std Plans for box culverts with modifications of std sizes and calculations. Does not Include design of culverts from scratch
3 - Assumes 2 meetings
4 - Assumes one addendum
5- Assumes 2 meetings
LABOR COSTS FEE COMPUTATION
Task / Item
LABOR CATEGORY>
RATE >
PIC
5200
/Hr
Prof.
Mgr.
0140
/Hr
Sr. Proj.
Eng.
$135
/Hr
ProJ.
Eng.
5105
/Hr
LLS
$135
Mr
2 -Person
Crew
8180
Mr
Staff
Tech
595
/Hr
CAD
595
/Hr
WP
565
/Hr
TOTAL
HOURS
OTHER'
DIRECT
COSTS
Sub-
Consultant(sj
TOTAL
FEE
TASK - 1.0 - Preliminary Design Phase
1.1 - Kick-off meeting
4
8
12
$72
$1.992
12 - Review of Existing Data
2
6
8
$48
5958
1.3 - Surveys/Field Investigations
24
30
32
86
5516
512,196
1.4- Hydraulic Analysis
2
8
48
58
5348
56,748
1.5 - Geotechnical Investigations
4
4
$24
57,800
$8,384
1.6 - Prepare Permit Graphics
2
12
14
584
$1.434
1.7 - Prepare Draft 40% Design Documents'
2
16
32
48
72
4
174
51,044
520.144
1.8 - Submit Final set of 40% Design Documents
1
2
4
12
16
2
37
5722
$4,652
1.9 - Project Management Services/Meetings'
2
16
18
5108
$2,748
SUBTOTAL TASK 1.0
9
50
44
116
24
30
32
100
6
411
52,966
$51,456
TASK- 2.0 - Final Design Phase
50
2.1- Prepare 100% Contract Documents
2
20
32
70
80
8
212
$1,272
524,262
22 - Prepare Final Contract Documents
2
4
8
16
20
4
54
$1,324
57,204
2.3 - Bid Phase Assistance
2
6
8
18
5108
$2,308
2.4 - Project management Services/Meetings'
2
16
4
22
5132
$3,032
2.5 - Prepare Record Drawings
2
8
10
$60
$1,100
SUBTOTAL TASK 2.0
6
44
48
94
0
0
0
108
16
316
2896
537,906
TASK- 3.0 - Optional Services
50
3.1- Coordination with Regulatory Agencies during Design
17
17
$102
52,482
32- Coordination withCaltrans during Design
0
$0
$0
3.3- Coordination with State Architect during Design
0
$0
$0
0
$0
$0
SUBTOTAL TASK 3.0
0
17
0
0
0
0
0
0
0
17
$102
$2,482
PROJECT TOTALS
15
111
92
210
24
30
32
208
22
744
5,964
0
591,844
1 - OTHER DIRECT COSTS include telephone, mileage, printing, photocopies and other miscellaneous direct expenses.
2 - Assuumes utilizing Caftans Std Plans for box culverts with modifications of std sizes and calculations. Does not Include design of culverts from scratch
3 - Assumes 2 meetings
4 - Assumes one addendum
5- Assumes 2 meetings
�UINZLERSZKELLY
C O N S U L T I N G E N G I N E E R S
FEE SCHEDULE - CENTRAL CALIFORNIA
(Effective July 2006)
Hourly Rates(*)
Principal $ 200 - 250
Senior Project Engineer 120 - 210
Project Engineer 90 - 125
Staff Engineer 65 - 95
Senior Project Scientist 120 - 190
Project Scientist 90 - 125
Staff Scientist 70 - 95
Senior Planner 100 - 125
Staff Planner 70 - 105
3- Person Survey Crew 255 - 315
2- Person Survey Crew 170 - 230
1- Person Survey Crew 85 - 145
Construction Manager 115 - 170
Construction Inspector 85 - 115
Staff Technician 45 - 115
Designer 75 - 125
CADD 75 - 120
Word Processor & Clerical Support 40 - 90
Employee time will be billed in accordance with the fees listed above. These rates are subject to
change on an annual basis. For other than professional employees, time spent over 8 hours per
day, time spent on swing shifts, and time spent on Saturdays will be charged at 1.5 times the
hourly billing rate. Work on Sundays will be charged at 2.0 times the hourly billing rate and holiday
work will be charged at 2.5 times the hourly billing rate. All field personnel charges are portal to
portal. Professional employees will not be charged out at premium charge rates for overtime work.
Expenses and other similar project related costs are billed out at cost plus 15 %. The cost of using
equipment and specialized supplies is billed on the basis of employee hours dedicated to projects.
Our rates are:
A. Office consumables
B. Environmental Department, Survey and Inspector consumables
C. Environmental, Construction and Land Surveying equipment
$6.00 /hr
$11.00 /hr
Various at market
Payment for work and expenses is due and payable upon receipt of our invoice. Amounts unpaid thirty
(30) days after the issue date of our invoice shall be assessed a service charge of one and one half
(1.5) percent per month.
(*)
These rates do not apply to forensic-related services, or to work for which Prevailing Wage obligations
exist. It is the responsibility of the client to notify Winzler & Kelly in writing if Prevailing Wage obligations
are applicable, in which case the fees will be adjusted proportionate to the increase in labor cost.
Central CA Fee Schedule July 2006