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HomeMy WebLinkAboutResolution 01-93 RESOLUTION NO. 01-93 A RESOLUTION OF THZ CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF A REVISED AGREEMENT WITH NORTH COAST ENGINEERING, INC. FOR CITY ENGINEER SERVICES The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Consultant Services Agreement, dated May 24, 1991, as amended, is hereby rescinded. 2 . The Mayor is hereby authorized to execute the attached Agreement (Attachment "A") . 3 . The Project Coordinator is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 4. The Administrative Services Director is hereby authorized to: appropriate funds, if necessary; release and expend funds; and, issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 12th day of January, 1993 . CITY OF ATASCADERO By:• ROBERT P NIMMO, Mayor ATTEST: LEE RA OIN', 03.t Clerk ATTACHMENT "A" 033002 CONSULTANT SERVICES AGREEMENT' THIS AGREEMENT, made this day of January, 1993, by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and North Coast Engineering, Inc. , hereinafter referred to as "Consultant'$. Witnesseth For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Article 1 Authorization A. Consultant will perform this Agreement in conjunction with the authorization and direction of the Project Coordinator, herein designated as the Director of Community Development. B. The following exhibits are attached hereto and incorporated herein by reference as though here fully set forth.. Exhibit "All scope of Services City Engineer Exhibit "B" . Scope of Services: - Capital improvement Plan Exhibit °C" Feer Schedule Article: 2 Responsibilities of Consultant A. 6cope.. Consultant will provide the following services as: described herein and under Exhibits "A"' and "B" for the City of Atascadero. B. Coordination. In the performance of Consultant's service under this Agreement, Consultant agrees that he will maintain such coordination with City officials as may be requested and desirable, including primary coordination with the Project Coordinator. C. Consultant's> services. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services and furnish the work tasks. as specified in Exhibits- "All- and- 11B11, as directed by the Project Coordinator. D construction Review. ' In the performance of Consultant's service- under- this Agreement, Consultant may be required to provide construction review of- various projects, including projects constructed by the City. Construction review shall mean the making of periodic visits to the job site to conduct visual observation of materials, equipment or construction work for the purposes of determining that the work is in substantial conformance with the contract documents, design intent and City Standards. Whenever the terms "inspection" or "construction inspection" are used, they shall mean construction review. Article 3 Responsibilities of City City shall cooperate with Consultant on all phases of the work covered by this Agreement and will make available to him, as. his needs indicate, all existing maps, topographic maps, aerial photographs, soils reports, and other similar data- in possession of City covering the site as selected. City shall also be responsible for providing such staff production assistance as is determined to be necessary by the Project Coordinator. Article 4 Fee and Provision for Payment City will pay Consultant a fee according to Exhibit "A" and Exhibit "B", for work contracted in this Agreement and billed for based on the payment schedule in Exhibit "C". Consultant shall be paid no later that thirty (30) days following receipt by City of Consultant's progress report and invoice. Any additional applicable hourly rate billings as authorized in Article 5 shall be based on the Fee Schedule contained in Exhibit "C". Fees shown in Exhibit "C" will be fixed for 12 months after the date of this Agreement, at which time the Engineer's current published fee schedule shall prevail. Article, 5 Payment for Extra. Work or Changes Any Clain for payment for extra work or changes in the work will be paid by City only upon certification by the City Manager that the claimed extra work or changes was authorized in advance by the Project Coordinator and that the work has been satisfactorily completed. Claims for such extra work must be submitted by Consultant within thirty (30) days of completion of- such work and must be accompanied- by a statement of itemized costs covering said work. Article- Suspension or Termination of Agreement A. suspension of Agreement•. If Consultant fails to comply with the conditions of the Agreement, City may, by written notice of the-- Project Coordinator and. the City Manager, suspend the Agreement and withhold further payments pending corrective. action by Consultant or a decision to terminate the; Agreement. After receipt of notice of suspension, Consultant may not incur additional obligations of Agreement funds during the suspension unless specifically authorized by the Project Coordinator and the City Manager. B. Termination for Convenience. The term for the services authorized pursuant to this Agreement shall run from January 1, 1993 , through June 30, 1993, during which time there shall be no termination for convenience. Effective July 1, 1993, either party shall have the right to terminate this Agreement or any portions of Exhibit "Alt or Exhibit "B" upon giving 120 calendar days written notice of such termination. Notwithstanding any other fee provision of this Agreement, based upon work accomplished by Consultant prior to notice of such termination, the City shall determine the amount of fee to be paid to Consultant for his services based upon the provisions in Exhibit "C" of the original Agreement, and such findings of the City shall be final and conclusive as to the amount of such fee. Article Time of Completion Consultant agrees to diligently pursue his work under this Agreement and to complete the work as described in Exhibit "A1l and "B". Consultant shall not be responsible for any delay which is caused by City review, action or inaction of City and/or any state or federal agency, or acts of God, but shall be responsible for his own fault or negligence or that of any of his subcontractors. Article 8 Conflicts. of Interest No member, officer, or employee of City, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, - - -----except-as--may-be-authorized---by- -the--City-Manager-.- During CitY Manna er-. During - --- - -- -- - the term of this Agreement, Consultant agrees not to perform engineering or surveying services for private parties within the City limits that would- be subject to City review or approval, except projects: that Consultant has existing contracts or obligations on. Article~ 9 Ownership of Dates The ownership of all data collected for use by Consultant under this Agreement, together with working papers, drawings, and other materials necessary for a complete understanding of the plans and necessary for the practical use of the plans shall be vested in Consultant. Ownership of original drawings and documents shall- be, vested- in Consultant. Consultant shall provide reproducible copies of all. work to City upon request of City. Consultant agrees to maintain all records for a period of no less than five years. Article 10 Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. Article 1i Contract Personnel The work to be done pursuant to this Agreement shall be done by North Coast Engineering, Inc. and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The City official who shall be vested with the right of approval of such additional personnel or outside contracting parties shall be the Project Coordinator. City reserves the right to reject any of Consultant's personnel or proposed outside consultants, and City reserves the right to request that acceptable replacement personnel be assigned to the project. Article- 12 indemnity Clause A. General. City agrees to defend, indemnify and hold_ harmless Consultant from any and all claims, disputes, controversies, or law suits (including all staff costs related thereto) arising from or relating to work or services- performed by Consultant pursuant to the terms of this Agreement. The City shall not be required to indemnify Consultant for any liability arising out of this Agreement if found to be the resul't of the willful negligence of the Consultant. H. Construction Conditions. The City agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions:- during the course of construction of the project, including safety of all persons and property; that this requirement shall be made to apply continuously and not be limited. to normal working hours, and the City further agrees to defend, indemnify and hold. the Consultant harmless for any and all liability (including staff costs) , real or alleged, in connection with the performance of work on construction projects, excepting liability arising from the willful negligence of the Engineer. Article 13 Insurance A. Errors and omissions Insurance. Consultant shall obtain and maintain, at his own expense, prior to commencement of the work of this Agreement, professional liability (errors and omissions) insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less than $500,000 to cover all professional services rendered pursuant to this Agreement_ Such insurance shall be kept in force for one. (1) year beyond the date of Notice of Completion of the project and accepted by the City Council. B. Automobile and Public Liability insurance. Consultant shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall be not less than the following: Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination thereof in an amount not less than $500,000. The following endorsements- must be attached to the policy or policies, (1) If the insurance policy covers on an flaccident" basis, it must be changed to floccurrencelf`. (2) The policy must cover personal injury as well as. bodily injury. (3) Broad form property damage liability must be afforded. (4) The City of Atascadero, its officers, employees, and agents, shall be named as insured under the policy, and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by City will be called upon to contribute to a loss hereunder. (5) The policy shall contain contractual liability, either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. (6) The policy shall contain "cross—liabilityl" such that each insured is covered as if separate policies had. been issued to each insured. (7) City shall be given thirty (30) days notice prior to cancellation or reduction in coverage: of the insurance. C. Workers Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for workers compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Agreement. Article 14 Status Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of his personnel or subcontractors be construed to be employees of City. Article 15 Non-Discrimination Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of September 24, 1965, and all other orders, regulations, and laws governing non-discrimination in employment, including in particular, Section 122 (a) of the State and Local Fiscal Assistance Act of 1972. Article 16 Survivability If any portion of this Agreement is found to be invalid, all other provision of the Agreement shall remain in force. Article 17 Modification of Agreement This Agreement may be modified only by a written amendment signed by both parties hereto. Article 18 Lair Governing This Agreement shall be governed by the laws of the State of California. Article 19 Relationship to other Agreements.. This Agreement shall- supersede the. Consultant Services Agreement dated May 24th, 1991, between City and Consultant. Article 20 Communications Communications between the parties to this Agreement may be sent to the following address: City: CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attn: Henry Engen Consultant: NORTH COAST ENGINEERING, INC. 715 24th Street, Ste. O Paso Robles, CA 93446 Attn: Steven J. Sylvester ACCEPTED AND AGREED this day of January, 1993 . CITY CONSULTANT CITY OF ATASCADERO NORTH COAST ENGINEERING, INC. a municipal corporation a California corporation By By Robert P. Nimmo, Mayor Steven vester t �� ATTEST:. Preside 3.syt yFsy, r 29743 * fxP.3r3t/95 7t Lee. Raboin, City Clerk CIVIL APPROVED APPROVED AS= TO CONTENT: APPROVED AS TO FORM: OFC Henry Engen, Arther Montandon, Project Coordinator City Attorney EXHIBIT "All SCOPE OF SERVICES - CITY ENGINEER 1. Steven J. Sylvester shall act in the official position of City Engineer for City until termination of this portion of the Agreement. 2. Consultant shall, as directed by the Project Coordinator, provide those services customary and required for Consultant's position as City Engineer and for operations of the City Engineering Division, including but not limited to the following: a. Plan and map check processing, signing of maps and plans b. Review of tentative maps, precise plans, grading plans, other discretionary projects, and construction projects. C. Construction review_ d. Response to citizen inquiries and complaints. e. Response to Council inquiries f.. Encroachment Permits. g. Other services necessary for operation of the Engineering Division. 3. Prepare engineering evaluations of specific projects or proposals when directed by the Project Coordinator. 4. When requested by the Project Coordinator, Consultant shall provide a representative (Steven J. Sylvester or his designee) at Planning Commission and City Council meetings. Consultant shall not 'be reimbursed for such meeting attendance unless chargeable to a. specific. project. EXHIBIT "B" SCOPE OF SERVICES - CAPITAL IMPROVEMENT PLAN 1. Consultant shall revise and update the City's Five-Year Capital Improvement Plan for review and approval by the City Council. 2. Consultant shall administer theCapitalImprovement Plan projects as directed by the Project Coordinator with services including but not limited to the following: a. Project planning and preliminary design/cost estimates. b. Preparation of final project plans and specifications; or, where design is to be prepared by outside engineering consultant, coordinate consultant selection process, administer outside consultant contract, provide plan check, and sign plans as City Engineer. C. Prepare contract/bid documents. d. Coordinate bidding phase/contract award. e. Provide construction review and staking. f. Prepare pay estimates and change orders. q. Prepare final documents and record drawings. 3. Estimates of the costs for the improvements designed are prepared by exercise of the Consultant's judgement and experience in applying presently available cost data. It must be recognized that the Consultant has no control over the cost of labor and materials, or over the competitive bidding procedures of market conditions, so the Consultant can not guaranty that the proposals, bids- or the project construction costs will not vary from these estimates CONTRACT.ATA AAMM NORTH COAST ENGINEERING, INC. I9%01 Civil Engineering • Land Surveying • Project Development EXHIBIT 'ICII FEE SCHEDULE July 1, 1992 CLASSIFICATION HOURLY RATE Principal Engineer $80.00 Senior Civil Engineer $70.00 Civil Engineer $65.00 O F Registered Land Surveyor $60.00 F I Project Engineer $60..00 C E Associate Civil Engineer $50.00 Senior Engineering Technician $42.00 Engineering Technician $30.00 Secretarial/Clerical $27.00 CADD System and Operator $65.00 Resident Engineer $60.00 F I Construction Inspector $45.00 E L Two-Man Survey Crew $110.00 D Three-Man Survey Crew $140.00 REIMSIIRSABLN EXPENSES 1. Actual cost of long distance telephone calls, express charges, postage, outside reproduction and survey supplies. 2.. Cost + 15% for outside professional consultants required for the work. 3 Mileage at the rata of 0.30/mile. 4. In house reproduction and telecommunications costs as follows; Xerox 2510 Prints .30/Sq.Ft. Mylar 2.50/Sq.Ft. Vellum 1.50/Sq.Ft-. Photocopies .18 each Telecopy (FAX) : Transmit $2.00/Sheet fEESCN92.SPC 715 24th Street,Suite 0 Paso Robles CA 93446 (805)239-3127 FAX(805)239-0758