HomeMy WebLinkAbout2020-008 Rick Engineering CompanyCITY OF ATABCADERO
CONTRACT NUMBER:
CITY OF ATASCADERO
CONTRACT FOR
PROFESSIONAL SERVICES
WITH
RICK ENGINEERING COMPANY
FOR
2021 MEASURE F-14 ROAD REHABILITATION
CITY PROJECT NO. C202OR02
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
RICK ENGINEERING COMPANY
THIS CONTRACT is made and entered into between City of Atascadero, a Municipal
Corporation ("City") and Rick Engineering Company, ("Consultant"). City and Consultant agree
as follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known
as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be
incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant
enters into this Contract as, and shall at all times remain as to the City, an independent contractor
and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent
with this relationship or status. Any persons employed by Consultant for the performance of
services pursuant to this Contract shall remain employees of Consultant, shall at all times be
under the direction and control of Consultant, and shall not be considered employees of City.
All persons employed by Consultant to perform services pursuant to this Contract shall be
entitled solely to the right and privileges afforded to Consultant employees and shall not be
entitled, as a result of providing services hereunder, to any additional rights or privileges that
may be afforded to City employees.
B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research.
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C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Consultant are to commence upon execution of this Contract by City, and
shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope
of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract
shall terminate no later than December 31, 2021, unless extended by the mutual agreement of
both parties.
4. COMPENSATION:
A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager" shall include the City Manager's designee). Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City and Consultant at the time City's express written authorization signed by the City
Manager is given to Consultant for the performance of said services.
5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Consultant shall comply with the City
Manager's request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Consultant may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Consultant is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Consultant's performance shall not in any manner be subject to any bargaining agreement(s)
or any other agreement(s) the Consultant may have covering and/or with is employees.
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C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort
to maintain the stability and continuity of Consultant's staff assigned to perform the services
required under this Contract. Consultant shall notify City of any changes in Consultant's staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Consultant shall be
compensated for non -disputed fees under the terms of this Contract up to the date of termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Consultant, and the City may withhold any
payments due to Consultant until such time as the exact amount of damages, if any, due the
City from Consultant is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
7. CHANGES:
The City or Consultant may, from time to time, request changes in the scope of the
services of Consultant to be performed hereunder. Such changes, including any increase or
decrease in the amount of Consultant's compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated
in written amendments to this Contract. Any increase in the amount of Consultant's
compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by
the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Consultant under this Contract are upon creation and shall be
at all times the exclusive property of the City, and the Consultant shall have no property right
therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse of the
materials prepared by the Consultant if used for purposes other than those expressly set forth
in the Intended Use of Consultant's Products and Materials section of this Contract. Consultant
shall not disseminate any information or reports gathered or created pursuant to this Contract
without the prior written approval of City including without limitation information or reports
required by government agencies to enable Consultant to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may be
provided by court order. Consultant will be allowed to retain copies of all deliverables.
B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of the City as may have been prepared or accumulated to date by the Consultant
in performing this Contract. Consultant will be allowed to retain copies of all deliverables to the
City.
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9. CONFLICTS OF INTEREST:
City of Atascadero
A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Contract. Consultant further covenants that in the performance of this Contract, Consultant
shall take reasonable care to ensure that no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written consent of the
City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of
any conflicts of interest with the interests of City in the performance of this Contract. Consultant
agrees to include language similar to this Section 9(A) in all contracts with subcontractors and
agents for the work contemplated herein.
10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Consultant pursuant to performance of this Contract are confidential and Consultant agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party's, including the non -releasing party's
attorney's fees and disbursements, including without limitation expert's fees and disbursements.
C. COOPERATION. City and Consultant shall promptly notify the other party should
Consultant or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Consultant each retains the right, but has no obligation,
to represent the other party and/or be present at any deposition, hearing or similar proceeding.
Consultant and City agree to cooperate fully with the other party and to provide the other party
with the opportunity to review any response to discovery requests provided by Consultant or
City. However, City and Consultant's right to review any such response does not imply or mean
the right by the other party to control, direct, or rewrite said response.
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract. City acknowledges that all equipment and other tangible
assets used by Consultant in providing these services are the property of Consultant and shall
remain the property of Consultant upon termination of this Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City's sole cost and
expense.
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12. COMPLIANCE WITH LAW:
City of Atascadero
A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable local,
state, and federal laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Contract. Consultant shall observe and
comply with all applicable laws, ordinances, regulations and codes of federal, state and local
governments, and shall commit no trespass on any public or private property in performing any
of the work authorized by this Contract. Consultant shall at all times hold a valid contractor's
license if performing any function or activity for which a license is required pursuant to Chapter
9 (commencing with section 7000) of Division 3 of the California Business and Professions Code,
and Consultant shall provide a copy of the license(s) upon the request of the City. The City, its
officials, officers, elected officials, appointed officials and employees shall not be liable at law or
in equity as a result of any failure of consultant to comply with this section.
B. PREVAILING WAGES. In the event it is determined that the Consultant is required
to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay
all penalties and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Consultant shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either directly
or indirectly employed by them, as it is for the negligent acts and omissions of persons directly
employed by Consultant.
14. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment
or notation. However, claims for money due or to become due Consultant from the City under
this Contract may be assigned to a financial institution, but only with prior written consent of the
City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be
furnished promptly to the City. The rights and benefits under this agreement are for the sole and
exclusive benefit of the City and this Contract shall not be construed that any third party has an
interest in the Contract.
15. LIABILITY OF CONSULTANT:
Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Consultant's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors and
subcontractors. The City shall have no right of control over the manner in which the work is to
be done but only as to its outcome, and shall not be charged with the responsibility of preventing
risk to Consultant or its employees, agents, contractors or subcontractors.
16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties') from and against any and all losses,
liabilities, damages, costs and expenses, including attorneys' fees and costs to the extent
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same are caused in whole or in part by any negligence, willful misconduct, or recklessness of
its officers, agents, employees or subconsultants (or any entity or individual that Consultant
shall bear the legal liability thereof) in the performance of professional services under this
agreement. Consultant's duty to defend shall consist of reimbursement of defense costs
incurred by City in direct proportion to the Consultant's proportionate percentage of fault.
Consultant's percentage of fault shall be determined, as applicable, by a court of law, jury or
arbitrator. In the event any loss, liability or damage is incurred by way of settlement or
resolution without a court, jury or arbitrator having made a determination of the Consultant's
percentage of fault, the parties agree to mediation with a third party neutral to determine the
Consultant's proportionate percentage of fault for purposes of determining the amount of
indemnity and defense cost reimbursement owed to the City. With respect to the design of
public improvements, the Consultant shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified in Exhibit D without
the written consent of the Consultant.
The proportionate rule, limiting Consultant's duty to defend to the City as referenced above, does
not apply where: (1) one or more defendants is unable to pay its share of defense costs due to
bankruptcy or dissolution of the business; (2) a project -specific general liability policy insures all
project participants for general liability exposures on a primary basis and also covers all design
professionals for their legal liability arising out of their professional services on a primary basis;
or (3) there is a design professional who is a party to a written design -build joint venture
agreement.
If one or more defendants are unable to pay its share of defense costs due to bankruptcy or
dissolution of the business, then the other the design professionals must meet and confer with
other parties regarding unpaid defense costs and determine their proportion of responsibility.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in
the performance of professional services and to the full extent permitted by law, Consultant
shall indemnify, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorney's fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement by Consultant or by any individual or entity for which consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of Consultant.
C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this section
for each and every subconsultant or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this agreement. In the event consultant fails to
obtain such indemnity obligations from others as required here, Consultant agrees to be fully
responsible according to the terms of this section. Failure of City to monitor compliance with
these requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here
is binding on the successor, assigns or heirs of Consultant and shall survive the termination of
this agreement or this section.
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D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION.
Without affecting the rights of City under any provision of this agreement, Consultant shall not
be required to indemnify and hold harmless City of liability attributable to the active negligence
of City, provided such active negligence is determined by agreement between the parties or by
the findings of a court of competent jurisdiction. In instances where City is shown to have been
actively negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of consultant will be for that entire portion or percentage of liability
not attributable to the active negligence of City.
17. INSURANCE:
Consultant shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit E attached to and part of this agreement.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time. Consultant shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall
not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion,
sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent
allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination.
B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Consultant so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose sanctions
against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall,
reimburse City for the cost of all such sanctions imposed, together with any and all costs,
including attorneys' fees, incurred by the City in connection therewith.
C. GOVERNING LAW. The City and Consultant understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
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D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Consultant by this Contract. In recognition
of that interest, neither any complete nor partial assignment of this Contract, may be made by
Consultant nor changed, substituted for, deleted, or added to without the prior written consent
of City which consent shall not be unreasonably withheld. Any attempted assignment or
substitution shall be ineffective, null, and void, and constitute a material breach of this Contract
entitling City to any and all remedies at law or in equity, including summary termination of this
Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among the
parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions
waived, only by a subsequent written agreement executed by each of the parties. The parties
agree that this requirement for written modifications cannot be waived and any attempted waiver
shall be void.
G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity revise the provisions of this Contract and to
have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the various
sections are merely informational and shall not be construed as a substantive portion of this
Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier with
respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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K. NOTICES. All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be in
writing and shall be deemed to have been given if delivered personally or enclosed in a properly
addressed envelope and deposited in a United States Post Office for delivery by registered or
certified mail addressed to the parties (deemed to have been received three (3) business days
after deposit in the U.S. Mail) at the following addresses:
City: Nick DeBar, PE
Director of Public Works/City Engineer
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
(805) 470-3456
Consultant: Rick Engineering Company
Thomas E. Martin
1160 March Street, Ste. 150
San Luis Obispo, CA 93401
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf
of Consultant warrant and represent that they have the authority to execute this Contract on
behalf of their agency and further warrant and represent that they have the authority to bind
Consultant to the performance of its obligations hereunder.
Effective this 9th day of September, 2020 by the parties as follows,
Approved as to form:
Counsel for Consultant (If applicable)
Approved as to form:
By: (�— 4V
Brian Pierik, City Attorney
E
Rick Engineering Company
By:v'"'-�
Thomas E. Martin
City of Atascadero
Rachelle Rickard, City Manager
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City of Atascadero
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
Consultant:
�/,a?9h''*'iii-- �: �r•!�.._J
Thomas E. Martin
Rick Engineering Company
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City of Atascadero
CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS
Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes
a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the
execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is
required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week
in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)
Attention is given to the fact that both Federal (Davis -Bacon) and State of California prevailing wage rate requirements
apply to this project. Not less than the greater of the Federal Davis -Bacon wage rates or the general prevailing wage rate
of per diem wages and the Federal prevailing rates for holiday and overtime must be paid on this project. State of California
prevailing wage rates are available online at www.dir.ca.00v/dlsr/pwd/southern.htmi.
Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of
the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified
prevailing rate of per diem wages. (Labor Code § 1773.2.)
Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing rate of
per diem wages to all workers employed in the execution of the contract. (labor code § 1774.) Contractor is
responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
Contractor shall comply with all provisions of Labor Code section 1775. Under section 1775, Contractor may forfeit
as a penalty to city up to $50.00 for each worker employed in the execution of the Contract by Contractor or any
subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates.
Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each
worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices
in the execution of the contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all
apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award
information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable
occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a
journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or
trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not
discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed,
national origin, ancestry or color. Only apprentices defined in Labor Code sections 3077, who are in training under
apprenticeship standards and who have written apprentice contracts, may be employed on public works in
apprenticeable occupations.
Consultant:
Thomas E. Martin
Rick Engineering Company
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EXHIBIT A
Scope of Work
Scope of Services shall be as detailed in Consultant's proposal, dated August 14, 2020,
and as summarized below:
Consultant shall provide all services required to prepare a single PS&E package that includes
roadways identified as Pavement Rehabilitation Project for the Atascadero Measure F-14 Project
for the Fiscal Year 2020-2021. In addition to the roadway pavement rehabilitation work, design
of three ADA ramp improvements and miscellaneous drainage and roadside improvements is
also included in the scope of work.
DESIGN PHASE SERVICES
1. Project Initiation
a. Identify project stakeholders
b. Receive input from stakeholders
c. Initial site visit with key design team members
d. Review design approach with Earth Systems
e. Utility Coordination —The consultant will coordinate with the utility purveyors during
the design process, with assistance from the City.
2. Surveying and Field Work (to be completed by subconsultant)
a. Topographic and Boundary Survey
b. Monument Perpetuation Research
c. Supplemental Survey
3. Analysis and Engineering
a. Review Pavement Testing Report
b. Discuss report with Earth Systems and Determine Appropriate Design Approaches
c. Preliminary Design Approach (Hand sketch)
d. Prepare Preliminary Cost Estimates
e. Drainage Study (minor calculations, as necessary)
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4. Plans, Specifications and Estimates (P,S&E)
a. Develop detailed design approach
b. Initial design phase up to 60% and submit to City for review.
c. Continued design phase up to 95% and submit to City for review
d. Final PS&E up to 100%
5. Bid Assistance
a. Prepare bid sheet
b. Assist with Pre-bid RFIs
c. Prepare Pre-bid Addendum
d. Final PS&E Set
6. Project Management
DELIVERABLES
City of Atascadero
1) Design recommendations and preliminary cost estimates in PDF and Microsoft Excel
2) Topographic mapping and monumentation in AutoCAD
3) 60% PS&E
4) 95% PS&E
5) 100 % PS&E for bidding
6) 100% PS&E on mylar, stamped and signed
7) Final PS&E in AutoCAD 2014, Microsoft Word, and Microsoft Excel
All design plans, project specifications and other pertinent design reports/materials/files
developed under the contract shall be delivered to the City via electronic transfer or USB
flash drive at project design completion, and prior to release of the final payment. Reports
shall be provided in Adobe Acrobat (PDF) and Microsoft Word formats.
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EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED ....................................$ 183,220.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
City shall pay Consultant an amount equal to the cumulative hours charged to the project by
each class of the Consultant's employees times standard hourly rates for all services performed
on the project, plus reimbursable expenses and subconsultant charges, if any. The total
compensation for all services and reimbursable expenses shall not exceed the amount listed
above.
Any additional services authorized by the City of Atascadero, not included in the scope of
services as defined by this contract, must be approved in the form of a City of Atascadero
Change Order prior to performing additional work. All additional work authorized by a City
of Atascadero change order will be compensated at the same cost basis indicated herein
unless other terms are acceptable to City.
Payment will be made within 30 days after receipt and approval of invoice.
Payments to the Consultant in excess of the contract amount listed above will not be made
unless written authorization is executed prior to the date of the additional requested work. Any
charges incurred outside of these contract terms will not be authorized for payment.
Consultant
1-1117 111, A
.� ��_ 1.
Thomas E. Martin
.95
EXHIBIT B
Estimated Labor Hours and Fee by Task
10aCity of Atascadero
GNGINFhRIN (_:OvIPANY 2021 F-14 Pavement Rehabilitation
Updated £/31/2020 FEE ESTIMATE
Task Description U/M I Est. Qty Rate Extended Price
0
U
o
a
Nick -Off Meeting & Site Visit
Associate HR 2 $ 220.00 $
440.00
Principal Project Engineer HR £ 1 $ 195.001 $
1,560.00
Assistant Engineering Designer HR 8 $ 120.00 $
960.00
Utility Coordination
Assistant Engineering Designer HR 8 1 $ 120,001 $
960.00
2
Topographic Survey & Monument Research (1HLS)
Subconsultant-JHLS (T&M Cost MU) LS 1 $ 44,000.00 $
44,000.00
c,v
!. m
E
W
Pavement Testing & Recommendations (Earth Systems)
Subconsultant- ES(T&M Cost+OH MU)I LS 1 1 $ 17,000.00 $
17,000.00
Initial Conceptual Design & Collaborate with ES
Associate HR 4 $ 220.00 $
880.00
Principal Project Engineer HR 20 $ 195.00 $
3,900.00
Assistant Engineering Designer HR 20 $ 120.00 $
2,400.00
60% Design and Cost Estimate
Associate HR 12 $ 220.00 $
2,640.00
W
Principal Project Engineer
HR
90
$
195.00
$
17,550.00
Principal Engineering Designer HR 100 $ 145.00 $
14,500.00
Assistant Engineering Designer HR 100 $ 120.00 $
12,000.00
95% Design and PS&E
Associate HR 12 $ 220.00 $
2,640.00
y
a
Principal Project Engineer
HR
7S
$
195.00
$
14,625.00
Principal Engineering Designer HR 90 $ 145.00 $
13,050.00
Assistant Engineering Designer
HR
90
$
120.00
$
10,8D0.00
1001/6 Design and PS&E, QA/QC
Associate
HR
8
$
220.00
$
1,760.00
Principal Project Engineer HR 30 $ 195.00 $
5,850.00
Principal Engineering Designer HR 45 $ 145,00 $
6,525.00
Assistant Engineering Designer HR 45 $ 120.00 $
5,400.00
t
a
m n
Pre -Bid RFIs, Addenda, Bid Review & Evaluation
Principal Project Engineer HR 8 $ 195.00 $
1,560.00
Assistant Engineering Designer HR 16 $ 120.00 $
1,920.00
O V
Reimbursables (Cost plus 15% Markup)
Travel Expenses LS 1 $ 150.00 $
150.00
Printing & Photocopy LS 1 $ 150.00 $
150.00
TOTAL $ 183,220.00
EST. CONSTRUCTION COST $ 2,100,000.00
%OF CONSTRUCTION COST 8.72%
Note: Assumes that overlay streets can be designed at 1"=40' scale with minimal detail
beyond typical hatching & details
Hourly Rates
1) Rick Engineering Company
Hourly Rates - California Offices
.lauuan 1, 2020 — Augmt 211, 2020
Principal......................
............................................................... 250.10
AssociatcNanager. .......... ................................................... 220.00
Principal Proieci Gu inea Manager ............. .............. ...............
195.00
Associale Project .................
ImI.1141
.assistant Project En_icer:Ntanager..........................................
165.(111
Principal Engineering Designer .................................................
145.00
Associate Fngineeting Designer ...............................................
135 00
Assistant I?nginecring Designer .................................................
I'o oo
Principal Engineering Drafter ....................................................
115.00
Associauc Engineering Drallet.............................................. I....
105.00
Assiann[ Engineering Drafter......................................................95.00
Principal Constntction Engineer: Managcr ............................. S195.00
Associate Constntction EngineerAlamager................................
180.00
1s i,lmil Constntction F•:ngineer Manager ...............................
165.00
Pt mcipal Constntction 'technician ............... .................................
145.00
%ssociatc Construction"rechnician............................................
135.011
Assi;tint Constntction Technician ..........................................
120.00
Scnior TransportationI rabic Fiigincer..................................
. 5205.00
1'rtnctpal Transportation l'raftic Enginccr.................................
195.00
1s,ociate 'rrancpoltautm fiatlic Engineer
................................ I80.00
Assistant bran;ponatiun.l tallic t ngincer.................................
165.00
Principal 'Iranslu nation ] ratlic Dc,ig ncr.................................
14500
Associate Transporiatt,m frolic Dcat,_ner
................................ 1350)
Assistant Trtnsponaiion 1'ral'iic Designer ..........................
I...... 1'11.011
Principal Watct Resources Designer .......................................5145.00
As,ociate Water Resources Designer ......................................... 113501
%—i,lant Water Resources Dcsiper.......................................... 1 _0.111!
Associate Project Administrator ................................................5811.1111
Assktanu PrniretAdministrator ...................................................70.01)
Administrate c Assistatnt
..............................................................
Rates suhieet to change for Pre, ailit g stage contract,_
Whrn aulhorim d. nVVI Ii;at h.,I I he changed .it the listed trues limes l i
Unless otherwisc agreed uP011, ice shall charge for printing. reproduction. deli%encs. transportation. and other expenses.
A ten ( I nt percctu tic lar adminiaration. coordination and handling mill be added io all subconnactcd sen ices.
2) JoAnn Head Land Surveying .R;.4MI/CWLVO
Classification
Licensed Surveyor (Research, analysis, calculations, boundary resolution, data processing) $155.00
Survey Technician/ Travel (Additional field crew person) $85.00
Field Surveyor (Fully equipped robotic or GPS) $175.00
3) Earth Systems Pacific 00 %
Classification
Associate Engineer $190.00
Project Professional $155.00
EXHIBIT C
Items Provided by City
None
C-1
EXHIBIT D
Location Schedule
( 7 jOLD MORRO
RD. EAST
SAN RAFAEL RD,
D-1
EXHIBIT E
Insurance Requirements
The Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence, on a claims made basis.
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 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 general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
The City, its officers, officials, employees, agents 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, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
E-1
Insurance Requirements
2. For any claims related to this project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. 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.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled or amended by either party, 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 insurers with a current A.M. Best's rating of no
less than ANII.
Additional Insured. The City of Atascadero will to be added to the policy as Additional Insured by
endorsement, adding the City's name to the Certificate of Insurance is not sufficient and will not be
accepted.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
E-2