Loading...
HomeMy WebLinkAboutMead & Hunt 2019-11-15COU No. 1920-163 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this 15th day of October, 2019 ("Effective Date") by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Mead & Hunt 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 construction administrative services for Runway 15-33 Pavement Rehabilitation Phase 1. b Consultant represents that it has the qualifications skills, expenence 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 such services within the timeframe established 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 $328,247.51. 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 Attachment 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 Attachment A. Consultant shall complete the Scope of Work for the not -to -exceed guaranteed maximum, even if actual time and expenses exceed that amount. Prevailling wage may be required for certain portions of work performed, as identified in Attachment B. CM 1920167 PAGE 1 OF 7 COU No. 1920-163 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 anticipated 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 the 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 to support 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 the 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 establishing 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. 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 C9 1920163 PAGE 20F7 COU No. 1920-163 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 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 and Commercial General Liability Coverage — Completed Operations Form No. CG 20 37 10 01. 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. Architects' and engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Consultant shall maintain limits no less than: General Liability: $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 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 occurrence. 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. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages C# 1920163 PAGE 3 OF 7 COU No. 1920-163 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 comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 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. 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. 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 one year from date of approved final invoice for this project. 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. 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. 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' Cif 1920167 PAGE 4 OF 7 COU No. 1920-163 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 Consultant shall include all subcontractors 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 City 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 in the performance of services under this contract by Consultant, 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 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 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 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. CM 1920163 PAGE $ OF 7 COU No. 1920-163 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 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, subject to off -set for any direct er-consegeentlal damages City may incur as a result of Consultant's breach of contract. 7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. 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: 90 CITY OF UKIAH MUNICIPAL AIRPORT 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482-5400 SIGNATURES MEAD & HUNT ATTN: ROBERT CASAGRANDE 1360 19TH HOLE DRIVE, SUITE 200 WINDSOR, CALIFORNIA 95492 IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: MEASOK C. `"PRINT NAME: .m.k.1§ihin 67q 3e a— IRS IDN Number CITY OF UKIAH BY: AGENGIACOMO CITY NAGER Cro 1920167 PAGE 6 OF 7 itJ'pf1/ro P4 J - r5 Date ATTEST vU 11 L i� I a-345_il C TY CLERK Date CM 1920163 PAGE 70F7 COU No. 1920-163 ATTACHMENT A - Contract 1920163 City of Ukiah UKIAH MUNICIPAL AIRPORT Construction Administration Scope of Services for Runway 15-33 Pavement Rehabilitation Phase 1 September 23, 2019 PROJECT OVERVIEW This Scope of Services details the construction administration services proposed to be provided by Mead & Hunt, Inc. (CONSULTANT) for the Runway 15-33 Pavement Rehabilitation Phase 1 project (Project) at Ukiah Municipal Airport for the City of Ukiah (CITY). The Project was designed by Mead & Hunt, Inc. under a separate contract with the CITY. The Project includes the demolition of Taxiway B, removing and replacing the center 75 feet of Runway 15- 33 ("keel section") with a new pavement section. The existing pavement outside of the 75 -foot pavement section will receive a surface treatment of P-608 Emulsified Asphalt Seal Coat. The existing in-line taxiway will be re -marked as a blast pad. Once the new pavement and seal coat are complete. new standard runway markings will be applied. The existing threshold lights will be removed from their current position and relocated inboard. The existing Federal Aviation Administration (FAA) owned REILs will be removed and stored at the airport for the FAA. The northern two runway edge lights on each side of the runway will be adjusted to maintain AC required spacing. In addition, a new taxiway connector will be constructed to tie into Runway 15, meeting current standards, and will be designated Taxiway A2. The Taxiway A2 pavement will have a pavement section consisting of 4 inches of P-401 Asphalt Mix Pavement surface course, placed on top of 6 inches of P-209 Crushed Aggregate Base Course. Following Taxiway A2 pavement construction, edge lights and signs will be installed, and standard pavement markings will be applied. The Project was solicited for competitive bids and bids were opened July 10, 2019. The lowest responsive and responsible bid was made by Granite Construction in the amount of $3.425,624. The award will be made to Granite Construction and construction will commence in late summer 2019. The Project is funded by the FAA under Airport Improvement Program (AIP) Grant No. 3 06-0268-027-2019 and is subject to compliance to all FAA regulations and standards. SCOPE OF SERVICES This Scope of Services includes details services to be provided by CONSULTANT for the CITY after the award of a construction contract. CONSULTANT will exercise their best judgment, guided by consultation with the City of Ukiah (CITY), in determining the balance between the needs of the CITY, the FAA design standards, the quality of construction, and the CITY funds available to achieve optimum construction of the Project. CONSULTANT will assist the CITY in establishing the requirements for the Project and perform the professional services described in this scope. This scope assumes a thirty (30) calendar day mobilization period and thirty-eight (38) calendar days of construction. Materials and pavement testing will be performed in conformance with the FAA standard specifications FAA AC 150/5370-10H, Standards for Specifying Construction of Airports by a competent geotechnical lab under the direction of CONSULTANT. Summary of Tasks in this Scope of Services: Task 1 — Project Management Task 2 — Pre -Construction Services Task 3 — Construction Administration Services Task 4 — Construction Observation Task 5 — Materials Testing Task 6— SWPPP— Not in Contract Task 7— Biological Testing— Not in Contract Task 8 — Post Construction Services Upon Notice to Proceed, CONSULTANT proposes to provide the following work as detailed in the following Tasks. TASK 1 PROJECT MANAGEMENT Task 1.1 Project Management Project management is a set of interrelated actions and processes performed by the CONSULTANT to identify, assemble, and employ appropriate resources to accomplish the Scope of Services. The CONSULTANT will use correspondence and administration to accomplish Project management, which is expected to include: development of Scope of Services, fee estimate, schedule, and agreement; assignment of appropriate staff and resources; monitoring of scope. budget, and schedule to determine status, action, and effort; and invoicing and reporting (expected monthly). A Project Manager (PM) will be assigned to the Project and will be responsible for the overall administration and review of construction progress. Work will be performed under the supervision of the PM, with the assistance of office -based engineering staff supporting the PM, as appropriate. Periodic site visits by the PM are not anticipated for this Task. TASK 2 PRE -CONSTRUCTION Task 2.1 Pre -Construction Conference CONSULTANT will arrange for and conduct the pre construction conference The PM will establish this meeting to review FAA and Project -specific requirements prior to commencing construction. The meeting will be conducted at the Airport and will include (as applicable) the CITY, representatives of the FAA Airports District Office, Contractor, and subcontractors. The CONSULTANT will provide / perform the following services under this Task: a Schedule meeting, provide meeting materials, and prepare pre meeting materials. b. Obtain and review the Project construction schedules from the Contractor or Contractors prior to presentation at the pre -construction conference. The CITY shall be provided with copies of all the construction schedules. c Preside at the pre -construction conference, prepare a record of the conference, submit meeting minutes to the CITY for review and comment, and distribute the final meeting minutes to all attendees via email. CONSULTANT attendees will be the PM and Project Engineer. Task 2.2 Preparation of Construction Documents CONSULTANT will update. if necessary, the project plans and specifications to include bid addenda items that may have been issued during bidding. The Contractor will be provided with one (1) hardcopy Construction Set of Plans (both half-size and full-size) and Specifications (including Contract Documents) An electronic set of these documents may also be provided to the Contractor pending execution of a data disclaimer form from Contractor to CONSULTANT. Task 2.3 Review Submittals for Compliance CONSULTANT will review Contractor submittals and Contractor -submitted certificates for compliance with design concepts. It is expected that up to thirty (30) submittals) will be reviewed. The budget assumes half of the submittals will require resubmittal. The costs for resubmittals, in excess of two (2) submittals, will be the responsibility of the Contractor as stated in the Bid Documents. Task 2.4 Prepare Construction Management Plan (CMP) The CONSULTANT will prepare a Construction Management Plan (CMP) for the project. It is CONSULTANT's intent to have the Contractor provide the required Quality Control (QC) Plan, prior to preparation of the CMP The CMP combines data From the OC Plan with information of responsibilities from the CITY and CONSULTANT. The CMP will outline the submittal requirements and materials testing requirements, as set forth in the construction documents and contained in Federal Advisory Circular 15015370-1 OG The CMP summarizes the types and frequency of testing required for quality acceptance, in addition to the credential requirements of those performing the testing. The CMP may contain forms such as quantity sheets, testing sheets, and construction documenting forms for use by the Contractor. A preliminary copy of the CMP will be submitted to the CITY and FAA for approval. After FAA review, the CMP will be revised if needed, and issued to the Contractor for use during the project. Task 2.5 Prepare Project Files The quantity sheets, testing sheets, FAA reporting documents, and construction report format will be prepared on CONSULTANT standard forms or CITY -provided forms Contractor will be provided with electronic copies of the construction set of plans and specifications The CONSULTANT will prepare Project files for use during the Project. Task 2.6 Grant Application for Federal Assistance As directed by CITY, CONSULTANT will assist in revising the pre application documents for final grant application submittal to the FAA. CONSULTANT's assistance with preparation of the final application includes the following: a. Revising Federal forms 424 and 5100-100. b Updating Project funding summary c. Updating Project cost estimate. d. Inclusion of current Exhibit A Property Map. e. An exhibit of proposed project area to be submitted with application. f. Sponsor's Certifications (as applicable). g. Current Grant Assurances. h. Title VI Assurances. i Bid Tabulation showing all bidders, and lowest bidder. j Relevant bid documents, if necessary. Task 2 Deliverables 1) Pre -Construct on Meeting Minutes — Electronic files to CITY and attendees. 2) Construction Management Plan — Electronic files. 3) Construction Set of Plans and Specifications — one (1) hardcopy of each (Plans will include one half size and one full size set) and electronic submittal. 4) Final AIP Grant Application — Electronic files TASK 3 CONSTRUCTION ADMINISTRATION SERVICES Task 3.1 Construction Administration The CONSULTANT agrees to provide Construction Administration Services required for the execution of the contracted work as detailed below. The PM will provide the following services: a. Provide interpretation of plans and specifications b. Check construction activities to obtain compliance with plans and specifications. c. Review and provide comment on Project compliance issues for quality control testing performed by the Contractor. Task 3.2 Requests for Information (RFIs) and Change Orders Preparation of written responses to Contractor RFIs to clarify design intent CONSULTANT will assist the CITY with preparation of change orders. which include a cost estimate, cost/price analysis, and preparation and/or negotiation of necessary interpretations and clarifications. additions, and deletions to change orders and supplemental agreements, as required. Change orders will be submitted to the CITY for review. Up to ten (10) RFIs and up to four (4) change orders are anticipated for the Project. Task 3.3 Weekly Meetings The CONSULTANT will attend weekly construction progress meetings. Up to eight (8) weekly meetings are anticipated. Task 3.4 Site Visits During Construction The PM will review the Project and make site visits (two (2) anticipated) to monitor construction activities. The Project Engineer will also make up to two (2) site visits to monitor construction activities. Task 3.5 Weekly FAA Progress Reports COUNSU; TANT will be responsible for preparing and submitting weekly FAA progress reports. Task 3.6 Review Pay Estimates CONSULTANT will review pay estimates and provide an explanation of variation between the contract and pay quantities. Task 3.7 Certified Payroll and Davis Bacon Requirements CONSULTANT will review payroll reports and monitor Contractor's compliance with paying employees, per the Davis -Bacon Act requirements. Task 3.8 DBE Program - NIC There is no DBE goal for this project. A Race Neutral approach is used for this project. Task 3 Deliverables 1) Electronic or hard copy review of Contractor' submittals. 2) Weekly progress reports to CITY and to the FAA. 3) Monthly Contractor Pay Requests. 4) Verified certified payroll 5) Change Orders and RFIs as necessary. TASK 4 CONSTRUCTION OBSERVATION Task 4.1 Construction Observation This task will include construction observation, and on-site construction administration during the construction of the Project. A full-time, on-site Resident Project Representative (RPR) will be assigned to this Project. The RPR will work with the PM to oversee the construction progress. (RPR estimated time on site is 38 calendar days.) The RPR will be on-site to coordinate and schedule staff, answer questions, observe quality control activities, and record as -built changes. The RPR will report non-compliance issues to the Project Engineer and the CITY. The RPR will maintain a construction diary to record the construction progress of the Project. The diary will be made available to the CITY upon request for review during inspections or visits. The Project diary typically includes information such as weather conditions, job site conditions, work in progress, general location of work, equipment in use, Contractor's work force and hours worked, delivered materials, tests performed, failed tests (if any) and action taken, instructions to Contractors, record of visitors to Project site and verbal or written instructions given. record of telephone conversations and any verbal instructions received or authorizations granted, engineering field force activity and hours worked, and any delays to construction and the reason for delays. Construction observation services may include the following, as determined by CONSULTANT and CITY: a. Review layout and surveys conducted by the Contractor to see if they are in accordance with the plans and specifications. b. Check construction activities for compliance with plans and specifications. c. Evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. d. Evaluate the Contractor's suggestions on drawings or specifications modifications and report those suggestions to the CITY. e. Acquire field measurements. f. Monitor the Contractor's compliance with the Construction Safety and Phasing Plan and immediately bring any non-compliance issues to the attention of the Contractor. g. Monitor Contractor's compliance with the Contractor's Quality Control Program (if applicable). h. Conduct coordination of materials inspections and acceptance tests required by the FAA and observe and evaluate such tests made by the Contractor in the field and laboratory as necessary in accordance with plans and specifications. i. Monitor Contractor's performance of the required quality control tests and furnish Contractor - provided copies of observed test reports to the CITY. Any non-compliance issues shall immediately be reported to the Contractor and CITY. j. Establish and conduct weekly construction progress meetings with the Contractor to discuss work progress and pertinent construction issues such as schedules, road closures, materials submittals, mix design approvals, and the need for Contractor supplied traffic control devices. k. Furnish the CITY and FAA with weekly construction progress and inspection reports. I. Review Contractor's weekly submitted payrolls for compliance with Federal and State law on classification and wage rates. m. Prepare agreed to change orders, which shall include a cost estimate, cost/price analysis, and record of negotiations. Prepare and negotiate necessary interpretations and clarifications, additions and deletions to change orders, and supplemental agreements as required. Copies of the change order(s) shall be submitted to the CITY and the FAA for approval and signature before proceeding with the work. Any additional design is not to be considered as part of this scope of services. n. Prepare and submit periodic pay estimates, inc uding the final estimate, during construction of the Project. Determine the amount owed to the Contractor and recommend those payment amounts in writing to the Contractor. Submit periodic payment recommendations to the CITY for concurrence and to the FM for federal participation payment requests. The payment recommendations will demonstrate that work has progressed to the point indicated for payment and that, to the CONSULTANT's best knowledge, information, and belief, the quality of such work is in accordance with the contract documents. The CONSULTANT, as an experienced and qualified professional, will make payment recommendations from information provided by the Contractor, reviewed from payment applications and accompanying data and schedules, and/or measured in the field. o Receive from Contractor and review maintenance and operating instructions, schedules, guarantees, bonds, inspection certificates, tests, approvals, as deemed necessary by the CONSULTANT p. Conduct a substantial completion inspection to determine if in the opinion of the CONSULTANT the work is competed and ready for final acceptance. After consultation with the CITY, the CONSULTANT will furnish the Contractor with a list of items that were observed and require completion or correction, prior to final acceptance TASK 5 MATERIALS TESTING Task 5.1 Materials Testing a. The materials testing services shall be performed in conformance with the Project specifications by a subconsultant to the CONSULTANT. The CONSULTANT will be responsible to coordinate and schedule Quality Assurance (OA) materials testing with the subconsultant throughout the Project duration. b. Under direction of CONSULTANT, the subconsultant shall make necessary acceptance tests in accordance with the cited requirements and standard methods of ASTM, and AASHTO; record all test results on the appropriate forms; prepare a summary and disposition of all testing and materials inspection: record all deviating tests; conduct materials inspections and acceptance tests in accordance with plans and specifications: and furnish copies of all test reports to the CITY. Any noncompliance issues shall immediately be reported to the Contractor and CITY. c. This scope assumes the following materials testing and construction administration support from the subconsultant: • Item P-152 Excavation, Subgrade, and Embankment: Density testing • Item P-155 Lime -Treated Subgrade: Density testing • Item P-209 Crushed Aggregate Base Course Density testing • Item P-401 Asphalt Mix Pavement. 1 est section and Production air voids, density testing d. Material testing will be performed by certified testers and inspectors. The subconsultant will prepare and submit Daily Field Reports and l aboratory Test Reports to the CONSULTANT for transmittal to the CITY. TASK 6 SWPPP MONITORING AND REPORTS - NIC Contractor will provde and manage the Storm Water Pollution Prevention Plan (SWPPP) for the duration of the Project. CONSULTANT will observe and note that BMPs and BATs are 'n place and being maintained. TASK 7 BIOLOGICAL TESTING - NIC TASK 8 POST CONSTRUCTION SERVICES (Lump sum) Task 8.1 Final Inspection and Documentation 8.1.1 Final Inspection CONSULTANT will schedule and conduct a final inspection with the CITY, Contractor, and FAA representatives to determine whether the Project has reached substantial completion and verify that the work is in accordance with the pians and specifications. The CONSULTANT will document items found to be deficient and will provide the Contractor a list of those items. The CONSULTANT team for final inspection will include PM and RPR. 8.1.1.1 A surveying subconsultant, under contract with CONSULTANT, will confirm the as - built elevations and configuration of the dranage basin improvements and confirm construction acceptance. 8.1.2 Final Punch List CONSULTANT will prepare a punch list correspondence to include the deficient items discovered during final inspection and will forward the correspondence to the Contractor. It will state the items in need of correction and will request a schedule for completion. The CONSULTANT will send a copy to the CITY and may include a copy in the Final Construction Report. 8.1.3 Final Construction Certification Once the punch list items have been completed to the satisfaction of the CITY, the CONSULTANT will prepare a Sponsor Certification of Final Construction Acceptance for the Project to be signed off by the CITY. This certification will also be included in the Final Construction Report. Task 8.2 Record Drawings 8.2.1 Record Drawings The CONSULTANT. CITY, and Contractor will collaboratively assemble the Project Record Drawings. The Record Drawings will detail field constructed conditions included as part of this Project and will include the results of field surveying required to compute final quantities and confirm basin geometry. Any Drawings will become record information. The CONSULTANT will provide the CITY with a set of reproducible Record Drawings in both digital and hardcopy format. Task 8.3 Final Construction Report (FCR) Once the Project is complete, an FCR will be prepared and assembled in conformance with FAA standards and requirements. Components of the report will include a summarization of the Project description, Project pay requests, change orders, Project certifications, documentation of final Project acceptance, and test results for material testing performed during construction. As part of this Task, the Project closeout will be coordinated with the CITY and the FAA. Task 8.4 Airport Layout Plan Record Drawing Update - NIC The Airport Layout Plan (ALP) wil be updated with the Project -specific improvements under separate contract with the CITY. Task 8.5 Update Airfield Pavement Management Plan (APMP) - NIC The Airfield Pavement Management Plan will be updated under separate contract with the CITY. RESPONSIBILITIES OF CITY This Scope of Services and compensat on are based on the CITY performing or providing the following: 1) Issue Notices to Airmen (NOTAMs) and announcements regarding the impact of the Project on aviation activities. 2) Guarantee access to and make all provisions for the CONSULTANT/Engineer to enter upon public land as required for the Engineer to perform his work under this Agreement. 3) Examine all documents requested by the CITY and presented by the CONSULTANT and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the work of the Engineer. 4) The CITY will submit to the SWRCB the initial Permit Registration Documents (PRD) in accordance with requirements of the Construction General Permit (CGP) for the discharge of storm water from the site during the construction of the Project. 5) Preparation of reimbursement requests from grant projects. EXCLUDED SERVICES Services not outlined in this Scope of Services may be added for additional compensation by amendment if desired by the CITY. SCHEDULE OF COMPLETION The CONSULTANT will complete all work called for under in this scope on a schedule submitted by the Contractor and approved by the CITY (except Task 8). Construction is expected to begin in September 2019 and be completed by December 2019. The CONSULTANT will complete the work called for under Task 8, Post Construction Services within 30 working days of the receipt of a copy of the Notice of Completion filed by the CITY. COMPENSATION FOR SERVICES The CONSULTANT shall be compensated for the services described in Task 1 Project Management, Task 2 Pre -construction Services, and Task 8 Post Construction Services on a Lump Sum basis for a fee of One Hundred Fifteen Thousand Nine Hundred Fifty-five Dollars Eighty-two Cents ($115,955.82). Payment for Lump Sum Tasks shall be made in proportion to the work completed to the total service to be performed. CONSULTANT shall be compensated for the services described in Task 3 Construction Administration Services, Task 4 Construction Observation, and Task 5 Materials Testing on a Time -and -Expense basis not to exceed Two Hundred Twelve Thousand Two Hundred Ninety-one Dollars Sixty-nine Cents ($212,291.69). Payment for Time -and -Expense Tasks shall be made based upon actual time and expenses as approved by the CITY Total compensation will not exceed Three Hundred Twenty-eight Thousand Two Hundred Forty-seven Dollars Fifty-one Cents ($328,247.51). This amount shall not be exceeded without written authorization From the CITY. The Engineer's Cost Estimate is included as Attachment 1 to this scope. All payments shall be based upon Mead & Hunt Inc.'s Project Billing Rates. Payment for satisfactory performance includes, without limitation, salary, fringe benefits, overhead. profit and expenses, Ukiah Municipal Airport (UKI) Runway 15-33 Pavement Rehabilitation Phase 1 Construction Administration Services pin . 3'?:1:7n'a PHASES and TASKS Mead & Hunt,Nabor hags and Mimi Emineer 11 ___-__. Total Cost Senior Associate Senior Project Senior Engineer Engineers Project Senior Manager Architect , Construction Observer Engineer III Technician 111 Administrative Assistant ---- Clerical _i :,22 Expenses f 1 3'156 _ 24. r• _ .-'24 1Y(1 117.17 146.74 98'x4 TASK 1- PROJECT MANAGEMENT (Lump Sum {.r tr.. _, 300 ,J360 _ 200 200 450 1 Subtotal Task 1 - Project Management 1 S - S 29,781.23 TASK PRE -CONSTRUCTION (Lump Sum) 21 Pre ca-.,.- . 0 0 i 1.DJ 1G5 { 1'# 2 2 Preparative, of Construction Documents t 0 10.0 16.0 8 0 5.0 6 $ • -- E 109 09 2 3 I Review Subrnktet5210p 0rawngs for Compiancc Prepare Construction Mtregemonl Ptan ICMPI 60 8.0 0.0 4 0 100 30.0 15.0 f - s 9.095.14 2.4 2 0 1.0 20 0 8 0 4 0 1.0 j $ t 5.250 40 25 2 LPrfy,,rnPjeCIfles 80 160 100 16.0 2 n 10 11 6./2238, .tion for federal Asse.10 8 r 2 2.1 /8 46 Subtotal Task 2 Pre -construction 0.0 29.0 27.0 32.0 44 0 r 20.0 64.0 23A 5 moo s 34097.13 TASK 3 - CONSTRUCTION ADMINISTRATION SERVICES (T&Ej 3 1 Corstruction Administration 5.0 5 t 0 2 0 S S 2.689.53 3 2 Request Inc Information (10 assumed), and Change Orders 14 assumed) 8.0 /.0 12.0 14 0 0.0 00 4 0 2 0 20 4 0 S • S 630.00 S 5.384 94 S 5.666.49 3 3 Weekly Meetings (41 to / anticipated) 3 4 Silo Visits Durirg Construction by PM & PE (2 ASstenedE 12.0 12.0 0 0 20 S 180.00 S 5 889.84 3.5 Wecky IAA Progress Reports 0 0 0 0 12 0 S S 1,406.04 3.6 Review Par Estimates 1 0 90 00 40 30 20 S S 3,09/ 96 3 / Certified Payroll aro Davis -Bacon Act Requirements 0.0 2.0 ' ; 0 S • S 1,30t-, ORF Pr -p - rn" 210 Subtotal Section 3 Construction Administration Services 0.0 33.0 L 52.0 00 22.0 0.0 7.0 S 110.00 S 25,440.64 TASK 4 - - --- Construction Observation (T&E) _ '.^nl3tivc ='pn -'8 Cal^near bar.. 4"-a r i 1 Subtotal Section 4 - Construction Observation 1 0.0 0.0 0.0 458.0 0.0 ao 0.0 0.0 S 9,995.00 S 81,923.90 TASK5 Materials Testlnr &E 4 Subtotal Section 5 Materials Testing U,0 4 I 0.0 0.0 0.0 0.0 0.0 0.0 0.0 S 104,927.15 S 104,927 15 TASK 6 SWPPP Monitoring and Reports • NIC .4corpmearltu ni cornisnarcdioidcrsientp1211220051 /0216.011CrEE\Pronosartl8_UKI Rye/ Rehab Conslr Admin final 011 Ukiah Municipal Airport (UKI) Runway 15-33 Pavement Rehabilitation Construction Administration Services Phase 1 Mead Senior Engineer/ Senior Architect & Hunt 1 • • hours and ._ PHASES and TASKS Senior Associate Senior PlAJOCI Englrreer7 ProJeet Construction Observer / • neer 111 • . - 11 Technician IN Administrative' Assistant T Clerical E>rpenaes Total Cost 318.58 247.67 217 28 157.05 117 17 148.74 98 55 6.5 22 Subtotal Section 6 - SWPPP Monitoring and Reports 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 5 - S - TASK 7 - Bid Ical T• II . NIC Subtotal Section 7 - Biol. •ice! Test e • 0.0 0A 0.0 0.0 0.0 0.0 0.0 0.0 S - ti. TASK 8 POST CONSTRUCTION SERVICES -Lunn. Sum', ._ 8 1.1 final lnspeci on and DocumcntalOn 0.0 12 0 12.0 0.0 0 0 0 0 4 0 1.0 $ $ 6.038.82 8.1.1 1 Subconsuitarlt for Si Control and Construction ACC onto --_- S 2; 00000 S 2/ 600.00 81.2 final Puna. LLs! 00 40 40 00 0.0 00 40 ? 1.0 S $ 2.319.22 813 Final Consluctionccrtiiication 00 1.0 5.0 00 00 00 2.0 10 S S 1.596.39 821 RccordDra s 00 10 0.0 00 100 38.0 40 00 f 5 (.096.21 (.426.82 8.3 final ConsiruclionReport (rCR 0.0 40 200 00 10.0 0.0 80 20 5 8.4 Airport La • Plan Recall Drava • Update - NIC S - Subtotal Section 8 - Post Construction Services 0.0 22.0 41 0 0.0 20.0 32.0 22.0 5.0 S 27.100.00 3 22.077A TA. O J TOTAL PROJECT BUDGET .., ...,..R_ -. � ... \corp martyrs .corMsharcdroklcrs'c.Mp1211220011 /0216.01‘Cf EE1PronosatllB_UKI Rwy Ronan Consir Admin final 2 oI 2 ,1,7.4,;.0;. . Attachment "B" PREVAILING WAGE NOTICE Contract 1920163 Consultant agrees to comply with the following requirements. 1. DIR Public Works Registration 1.1 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 1.2 No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 1.3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 1.4 The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 1.5 The Prime Contractor is required to post job notices at the job site as prescribed by regulations (currently, 8 CCR § 16451(d).) 1.6 Public Works Small Project Exemption: Small project exemption means that contractors who work exclusively on small projects are not required to register as public works contractors or file electronic certified payroll reports for those projects. However, prevailing wages must still be paid on projects with small project exemption. Contractors are still required to maintain certified payroll records on a continuous basis, and provide those records to the Labor Commissioner's Office upon request. Small project exemption is applied based on the amount of the entire project, not a contractors subcontracted amount of the project. Small project exemption applies for all public works projects that do not exceed: $25,000 for new construction, alteration, installation, demolition or repair; and $15,000 for maintenance. 2. Use of Employees. 2.1. Contractor and any subcontractors shall pay all mechanics and laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 2.2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the City, $50.00 for each calendar day or portion thereof, for each workman paid less than the 1 stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 2.3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, City has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workers concerned. Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it. 2.4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Engineer. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 2.5. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 2.6. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Copies of Labor Code Sections 1771 (requiring prevailing wages), 1 775 (imposing penalties, including a $50 per day, per worker forfeiture, for failure to pay prevailing wages), 1776 (requiring contractor to maintain available for inspection certified payroll 2 records), 1777.5 (requiring certain apprenticeship programs), 1813 (imposing penalties for failure to make records available for inspection) and 1815 (requiring time and %z for overtime) are available at the Department of Industrial Relations website at http://www.dir.ca,gov/ 3