HomeMy WebLinkAbout2010-009 Bernards E ;
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CITY OFATASCADERO
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- 19181 19 9
CONTRACT FOR
Bernards
for
Construction Management / Project Management Services
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1918 ® 19 9
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
Bernards
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City") and Bernards ("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 reguested'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. EMPL'OYMENT STATUS'OF PERSONNEL:
A. INDEPENDENT CONTRAOTOR 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 remainlemployees of Consultant, shall
at all times be under the direction and control of Consultant, and shall not be considered
employee_ s 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 toz City employees.
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City of!Atascadero
Bernards
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.
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, 2013, unless extended by the mutual
agreement of both parties.
4. COMPENSATION:
A. TERMS. Compensat
ion-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 thosesetforth herein or listed in with,
A, unless such additional
P services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manage" 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.
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City of Atascadero
Bernards
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 expresslythe intent of the parties'and it is agreed by the parties that
the Consultant's performance 'shall not in any manner,e be subject to any bargaining
agreement(s) or any otheragreements) the Consultant may 'have covering and/or with is
employees.
C. APPROVAL OF STAFF-MEMBERS. Consultant shallsnake 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 anytime. 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:;
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.City°of Atascadero
Bernards
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 al[ 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 purposesotherthan 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 he 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.
9. CONFLICTS OF INTEREST:
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.
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792119.3
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'City,of Atascadero
Bernards
To: CONFIDENTIAL INFORMATION:
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}°
A. ALL',JNFORMATION`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 organisation 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
�,obligatibii <to represent the other,party and/or be present at any, deposition, heari ng or similar
°proceeding Consultant and. City agree to cooperate fully°_with theother party and to provide
E ;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
In,6t imply or-'mean the right by the other party to control, difbct, 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 othertangible
assets;used by Consultant in providing these services are the property of Consultant and shall
~£remains the property of Consultant upon termination-of this Contract.
k Tw f; City
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B SPECIAL:SUPPLIES.: Ci shall be res onsible.5forisupplying any special supplies,
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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..
t,
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n 792119.3
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City of Atascadero
Bernards- '
12. COMPLIANCE WITH`LAW:
A: COMPLIANCE REQUIRED." Consultant shall keep itself'informed'of applicable
r 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
1�pe6rming,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 Consultantshall 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
a `"'to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay
�all.penaltie's'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 negligentacts and omissions of persons
directly;employed by Consultant:
14. ASSIGNABILITY:
Consultant'shall. not assign or transfer any interest,Iin- this Contract whether by
assignment or notation. However,-claims for money due' or to become due Consultant from
-the City rtunder 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
ai'nvoluptary.Rshall, be furnished promptly, to the City. The.;rights sand benefits under„this
agreement��are for the 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:
which is consistent with;the
Consultant shall be res onsiblefor performing the work under this Contract in a manner
enerall
_ g y accepted standards of'Consultant's profession and shall
be liable for its own negligence and the negligent actstof.its�employees, agents, contractors
and subcontractors. The City shalFhave no right of control over the manner in which the work
is to be, done but only as to, its outcome, and shaVriot--be charged' withtheresponsibility of
preventing risk to Consultant3or its,'employees, agents,"contractors or`"subcontractors.
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City of Atascadero
1'113ernards
16. INDEMNIFICATION:,
A.,
NDEMNIFICATION:-
A., INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional,standard of care for Consultant's Services, to1he fullest extent permitted by law,
.Consultant'shall 'indemnify, protect,defend and hold harmless City and any and all of its
officials, employees and, agents"("I ndemnified Parties") from-and against any and all losses,
liabilities, damages, costs and_expenses, including attorneys fees and costs to the extent same
are, ,caused 2 in whole or in ,part by'-any negligence or Wrongful act, error or omission of
Consu_ltant,,-willful misconduct,; or recklessness of its ;officers, agents, employees or
subconsultants (or any entity;or, individual that Consultant shall,bear the legal liability thereof)
Jn,the'performance of professional services under this agreement.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than
in.the performance of professionaf'services and to the fullextent 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
y g' g, attorneys fees and costs, court
an kind,. whether actual, aIle ed .or threatened, including,
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 riot limited to officers; agents, employees or subconsultants,of Consultant.
C. GENERAL INDEMNIFICATION PROVISIONS: Consultant agrees to obtain
executed indemnity agreements'Lwith'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
obtainsuch'indemnity obligations lJrom,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'agreeme'nt,orthis section.
"x D
INDEMNITY,PROVISIONS FOR CONTRACTS RELATED TO CONSTRUCTION.
Without affecting the rights of City under any provision of this agreement, Consultant shall not
be required�toainde' and hold�ha�ir' City of liability attributable to the active negligence
of City, provided such active negligence is dete_rmmed by`agreement'between theyparties or by
the findings of;a 'court of competent jurisdiction ;In instances where'City is shown to have
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been actively negligent and where City's' active negligence accounts,for only a percentage of
'r 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:,A
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792119.3
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City of Atascadero
Bernards '
17. INSURANCE:
Consultant shall ,maintain prior to the beginning"of and for the duration of this
specified in Exhibit E attached to and art of this }i
, Agreement insurance coverage as specs p .
-agreement.
18. RECORDS:
Consultant shall maintain?complete and accurate records with respect to labor costs,
a ,
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 re`cords, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
5,
A.-ASSIGNMENT OR SUBSTITUTION. City has -an NONDISCRIMINATION /
NOW REFERENTIAL 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 tc comply with
all ofthe provisions of the Federal'Immigration and Nationality,Act (8 U S.C.A: & 11:01 et seq.),
M1.'°as amended; and`, in connectiomtherewith, shall not employ unauthorized aliens as defined
therein Should Consultant so employ such unauthorized alien`s for the performance of work
and/or services covered by this contract, and should,1he Federal Government impose
'sanctions againsHhe 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 City1n 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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792119.3
City of Atascaderom, _
Bernards
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 laworin 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, on 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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792119.3
City of Atascadero
Bernards
J. NOTICES. All invoices, payments, notices, demands; requests, comments, or
y 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 followings addresses:
City: City-of Atascadero
City Manager
6907'Ei',-Camino Real
Atascadero, CA 93422
Consultant Bernards
Falcor DiGiallonardo
555 First Street
San Fernando, CA 91340
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.
Jr
AGREED to this �' day of May, '2010 by the parties asJollows.
Approved as to form: BERNARDS
_ . By: S�il d
Counsel,for consultant Con ultant Representative
r Approved as to form: CITY OF ATASCADERO
By: By:
Brian Pierik, City Attorney *ade . Mc inney, City anager
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792119.3
City of Atascadero
;Bernards
.,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 ther.,performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
BERNARDS-
a
Consultant'Representative
ir
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792119.3
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City of Atascadero .
Bernards}
•
EXHIBIT A
Scope of Work
Consu
Itanf will provide all services necessary to complete the following:
PRE-CONSTRUCTIONMANAGEMENT SERVICES
1. Develop a Construction,'Management Plan that will outline the organization and lines
of communication'for the`pre-construction and constructioh'phases of the work.
2. Advise the City of any plan check and other review.,changes'and the impact of such
changes to the construction budget.
3. Prepare and maintain a detailed project budget,during the preconstruction phase
and then convert the preconstruction budget into a detailed construction budget
broken down by CSI code and in compliance with regulatory and funding
requirements.
4. Work with the City, and Architect of Record to establish'the most advantageous and
fiscally logical project.`delivery method to support the needs of the overall project.
5. 'Prepare a project pre-construction milestone schedule to include but not be limited
-to monitoring remaining design tasks, incorporationof'City project information,
committee meetings, consultant coordination meetings, City review and approvals,
estimate reviews and reconciliation, agency reviews and.approvals, pre-construction
and construction tasks and establishment of project schedule milestones.
6. :Constructability Review,to include: 1) Review plans a,specifications for coordination,
a 2) Review the-coordination of building systems; 3),.ldentify unclear areas in the
cont ract'documents.that could result in additional costs'to-the City during
. ,construction, 4) Review documents and suggest rhethods to reduce the number of
..
-Change Orders,and Requests for Information during construction;,5) Review the
adequacyJof systems and the level of quality of specified products, 6) Insure that all
City review comments and all approved changes are incorporated into finale bid:•
documents, 7) Review and analyze how historic construction meshes with the new
construction.
7. Prepare a Site Logistics-Plan for the coordination of personnel, on/offsite storage,
deliveries and site use.
8. Design and implement a document control system for the Project.
9. Develop bid packages
10. Assist City in pre-qualifying critical contractors'forrelevant experience.
rev'5/1/06 A-1
City of Atascadero
'Bernards
a EXHIBIT A
Scope of Work
11. Assist and advise the,City,on development and maintenance of appropriate labor
compliance records from:contractors performing work on the project, as applicable.
12. Maintain contact with potential bidders, including subcontractors and suppliers, on a
regular basis through-_ft-bid period. Conduct a'telephone, electronic and face to ;
face campaign to stimulate and maintain interest in bidding on the project.
13. . Assist the City in,preparing and placing public notices and,advertisements relative to
intent to solicit bids on,the project.
14. Assist the City in development, processing and advertising of Requests for
Proposals (RFP's) for specialty consultants necessary,o complete the project
` including, but not limited to testing agencies, inspection services and environmental
health and hazardous material specialists.
15. 'Review the construction cost`estimates and provide analysis of cost and segregate
estimates to reflect bid packaging phasing.
16. Manage;bid documents by arranging for printing;binding and wrapping, arranging
for'delivery to bidders; maintaining a complete list of all bidders that receive
documents.
17. In`conjunction with the City and the Architect, conduct pre-bid conference(s) as a
forurn16r presenting the'project to potential bidders, and,to respond to bidders'
questions.
18: Coordinate all.communications related to bidder inquiries, seek resolutions from the
appropriate,party, and forward such information to tte Architect and bidders in a
. ,,,,.,timely_manner. Co-operate with the Architect to issue addenda when necessary.
19.:x- Review each addendum-during the Bid Phases time, cost or constructability
` impact and make appropriate comments and recommendations.
20. Assisfthe City.in evaluating the bids for completeness and full"responsiveness,
including,bid alternates and unit prices. ,Conduct,a pre-award conference with low
'bidder; and-make;formal recommendation'to the City with regard to the construction
contract award'.
21. Assist the City in the preparation of staff reports=to theCityCouncil for the award of
project contracts.
22. Assist the City in settling any-disputes arising Auring bid time.
rev 5/1/06 A-2
y
",City of Atascadero
'Bernard's
EXHIBIT A
Scope of Work
23. Assist the City in obtaining bonds and insurance certificates from Contractor(s).
24. Assist the City in the determination and preparation of the Contractor's Notice to
Proceed.
25. Conduct, in cooperation with the City and the Architect, a pre-construction
orientation conference. Record, transcribe and distribute minutes to all parties.
26. Assisi the City in,the'preparation and presentation,of a staff'report on July 27, 2010
detailing the project budget and project schedule(due July 7, 2010).
COMMUNITY OUTREACH PROGRAM
1. Bernard's Outreach Coordinator,will work with the City Staffand local community
stakeholders in developing a comprehensive program aimed at developing good
community relations, project information distribution, local;contractor, vendor and supplier
participation and employment opportunities for local individuals seeking work.
2. Bernard's will work with local Builders Exchanges to develop; a contact list of all Builders
Exchange members interested nWorking on the projecfas,well as work with he local Blue
a Book'representatives to sortfor airlocal contractors; vendors and suppliers within 30, 60,
90,120 miles radius of the restoration project.
3. Bernard's will electronically send bid notifications to all contractors, vendors and suppliers
in the database, follow-up:the bid interest notification with telephone contact and then
personally contact interested;contractors, vendors or suppliers to solidify their participation
in.the=project.
4. Organize a meet the prime contractor's conference for those firms interested developing a
i 3 working contractual relationship with successful bidders'on the projects various trade
packages.
5. Work;with local One Stop, EDD, and Workforce Development agencies in identifying
qualified trades people interested in finding work and"provide a "meet the contractors"job
fair opportunity for each'bid period scheduled.
6. Develop a project website to:be updated with real time:-information and monthly progress
reports to be screened by and attached to the City of Atascadero web site.
r
rev 5/1/06 A-3
p,
City of Atascadero
Bernards
EXHIBIT A
Scope of Work
7. Develop an online real time cameras stem to be web based and accessible 24-7 b the
Y Y
community through the City Web site.
v 8. Assist in the development of a-public information program.
9. Work with local stakeholders like the Historical Society, school district and special events
programmers to develop'community events in the park designed to provide updates and
information and instill community pride.
CONSTRUCTION MANAGEMENT''SERVICES
i
1. Provide on-site ConstructionManager and clerical supportJor the duration of the
construction process. Administer the Contractor's contract and observe and report on the
progress of the work
2. Maintain all records on site in;a''systematic format, including but not limited to:
correspondence, submittals, Requests for Information, Change Orders, inspection
records, daily reports, contractor,payment records, claims and other documents'that arise
during the course of the construction.
3. Coordinate the review of shop drawings, product data, samples and other submittals.
Establish and implement,procedu res for expediting the processing andL approval of
submittals. Manage the submittal schedule.
4. Document Jall related data management and tracking of site/building conditions.
5. Consultant to maintain a photographic record of the project'in a bound and labeled form.
6' implement a Matrix of Responsibility for"controls' of documents.
7. Consultant to collect and review Contractor's monthly labor reports, when submitted with
the monthly pay application, forcompleteness, and forward to City staff for-City10 review
forulabor compliance .
8. Conduct weekly jobsite progress meetings with the Contractors and appropriate
personnel,to.discuss issue§-relative to the progressf,of the work. Record, transcribe and
distribute minutes to`all attendees, the City, the Architect and all other appropriate parties.
e r
rev 5/1/06 A-4
City of°Atascadero
Bernards
EXHIBIT A
Scope of Work
9. Conduct weekly Owner's meetings to review all aspects of the project's status with City,
Architect/Engineer and regulatory agencies. Consultant to facilitate the meetings and
prepare meeting agendas, minutes and actions items.
10. Consultant to set up and prepare for pre-construction and post-construction meetings with
utility agencies and the Contractor.
11. Consultant to attend City Council meetings when requested to inform the City Council of
construction related issues when requested by the City.
12. Coordinate with the City's Building'Inspector and construction testing agency. Insure that
all technical inspection reports and submittals for shop and mill tests for materials and
equipment, are in a format approved.the City and are received on a daily basis. The
Consultant will assist the City in providing inspection of the project in accordance with
regulatory requirements. Consultant will also assist the City to develop and implement an
inspection program to meet the various Codes and regulatory requirements.
13. Consultant to oversee the site for safety issues and concerns, bringing the same to the
attention of the Contractor, Architect, Engineer and City in accordance with Cal-OSHA
requirements.
14. When notified of any work that is not in conformance with the Contract Documents, the
Consultant will inform the Contractor, City and the Architect.
15. In conjunction with the Architect, Building Inspector and the City, the Consultant will
review Contractor's recommendations for corrective action for contract compliance and
authorize most effective solution.
16. Advise and assist the City in the use of contract provisions necessary to achieve contract
compliance'.
17. Review the progress of construction, observe work-in-place and properly stored materials
on a monthly basis. In cooperation with the Building Inspector and the Architect, review
the Contractor's monthly payment request and certify as accurate for the City's use in
processing payment to the Contractor.
18. Consultant to insure that, as part of monthly payment request, Contractor's "as-built"
documents are up to date and accurate.
19. "Review the contractor's schedule submittals, including Initial Contract Schedule,
approved Baseline Contract Schedule, required schedule updates, schedule revisions,
short interval schedules, recovery schedules and time extensions.
rev 5/1/06 A-5
9 .Y
z City of Atascadero
"Bernards `
EXHIBIT A
Scope of Work
20.. Monitor the work progress against°the schedule, advise the City of the status and
recommend action when progress is behind schedule:
21. Consultant to monitor•the Change Order process by: establishing and implementing a
chang&order tracking and processing system, receiving change order requests from the
Contractor, Architect or the City, negotiating cost and time extensions on behalf of the
City when appropriate; evaluating costs and time with respect to the benefits to the
project.and°°'recommend dispositions, preparing Change Order documents for processing
to the Architect and the City and monitoring the changeorder contingency established in
the City's project budget.°
22. Consultant to monitor the Contractor's offsite handling, transportation and storage of
historical building materials.
23. Consultant to receive and evaluate all claims by'`the Contractor against the City for
additional cost or time due to°any.alleged cause. Obtain factual information concerning
the claim and
24., The Consultant will assist the City'to resolve disputes arising',from construction and
funding issues.
25. Consultant to prepare and distribute a Monthly ProjectStatus Report which includes work
progress, budget evaluation,schedule report, construction photographs and other
pertinent information.
26. Consultant to receive Operation and Maintenance Manuals'.warranties and guarantees
and extra material stock`require&in the Contract Documents, receive Contractor's "As-
'Built" redlined plans and;specifications and transmit to Architect for preparation of
v
"Record"
Record Drawings and Specifications", assist the City in close-out procedures required in
~ lie General Conditions.
27. Consultant,rin conjunction with"the Architect, and at the conclusion of all corrective and
punch list items, make a final comprehensive review,of the,project and make a report to
the City..,indicating the ro'ects'acceptability under_the'Contractbocuments, when to file
P -J
the Notice of Completion and when to process the Contractor's final payment.
28. Consultant to surrender all project files, prepared for final audit for the funding agency(s)
and be prepared to supportthe,payment requests, in`detail; as needed and prepare other
construction documentation`typicalfor a project of this type. All files will be turned over by
the Consultant after the completion of the project.
rev 5/1/06 A-6
" ' City of Atascadero
Bernards
EXHIBIT A
Scope of Work
29. Consultant to prepare and turn over to City an electronic.;copy of project files after the
completion of the Project. The files will be in a form mutually agreeable to consultant and
City
30. Consultant to create, maintain;arid update a project-bas'ed'-web site to display meeting
notes, plans and other documents,during the construction'phase of the project. The
specification for the web site will be reviewed and approved by-the City prior to
i' implementation.
QUALIFICATIONS
1. Document reproduction /delivery costs to be reimbursed by the City.
2. r All costs for deputy inspections to be paid directly by the City.
3. M The duration for Phase I of the Project will be May 201:0 through Decembe�2010.
F
rev 5/1/06 A-7
a
a
- f
City of Atascadero
Bernards
EXHIBIT B
Compensation and Method of Payment
TOTAL_COST OF CONTRACT. NOT TO EXCEED $765,443.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
Services will;be conducted on a;time,and material basis, not to exceed the contractual amount
of$;765,443:00. Reimbursables will be billed for actual costs only, with no mark up, up to a
maximum amount of$66,465.00, for the duration of this phase of the contract. The
reimbursable allowance of$66,465:00 is included in the total contract amount of$765,443.00.
The contractual amount for staff time is separated into the following categories of work:
Estimated Contract Amount
FEMA Repair $ 301,975
FEMA Hazard,Mitigation 284;409
City Repair 1 42,610
' FEMA Administration ` 69,984
TOTAL $ 698,978
Billable time will include descriptions of the exact tasks performed by each individual, similar to
the method used for attorney invoices. In addition, invoices will'be clearly delineated by the
categories shown above. Reimbursables and staff time that cross categories will be billed
proportionally, based on each categoiy's percentage of the construction contract.
Any additional services auth6rized'.by the City of Atascadero, which are not included in the
scope of services as defined by this contract, must be approved in the,form of a City of
tAtascadero he same ho hange Order prior to,performing additional'work. Such services will be billed at
y Ates as the contract amount. Payment will be made within 30 days after
receipt an d,approval'of invoice.
Payments to the consultant in excess ofthe.contract amount of$765,443.00 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 willnot authorized for-payment.
BERNARDS
I V1 ,4,40
Consultant Representative
a
rev 5/1/06 B-1
f _ _
City of Atascadero
Bernards
EXHIBIT B
Compensation and Method of Payment
Billable time will be invoiced at the following hourly rates:
Project Executive $172.00
Program ManagerajE�TiC{61Z. 150.00
Construction Manager 110.00
Superintendent I 135.00
Superintendent Il 135.00
Clerical 57.00
Historical Consultant to be determined, but not more than $150.00
These hourly rates may increase at the rate of 3% per year, or CPI, if Consultant can show
that actual costs have increased by that increment.
rev 5/1/06 B-2
r
City of Atascadero
Bernards 6ti.
EXHIBIT B
Compensation and Method of Payment
Atascadero City Hall Renovation M'
BERNAROS
Phase I BUILDfRS•MANAGFMENTS£RVICfS
Staffing Plan
Phase,11
• I 2 3 4 5 6
q .} MJF• J A S'' O ? Nit`"_ �,n'' TOTALS
Project Executive: Falco DiGiallonardo 64 64 64 64 J 64 64 64 64 ; 512
Documentation Consultant Larry FugalMM64 64 ' 64 64 64 64 512
Project Manager: Dan'Huff 162 162 162 1,62: 162 162 i62, -1,62,' 1,296.
Construction Manager:Anthony Verdi 162. 162• 162. 162 162 162' 972
Superintendent 1: Rick Rodriguez 163 162 162 162' , '162 162 1621 1,134
Superintendent 11: Delbert Bace -
Clerical:TBD 162 162 ' 162 162 162 162 972
Community Outreach Director:Gary Lowe 64 64 64 32:' 32 32 32 32 352
Historical Consultant TBD 81 81 162
Monthly,Tqtalsl 1 1354 516 921.1 889 808 1 9081 8081 808 5,912 j
Phase 1
i
SUMMARYSTAFF COST
Hourly Rate Hours 201"0 �'
Project Executive: Falco DiGiallonardo $ 172.00 512 $ " 88,064
Documentation Consultant Larry Fugal $ 150.00 5 F2 $ 76,800
Project Manager:'' Dan Huff $ 150.00 1,296 $ '194,400
Construction Manager.;Anthony Verdi $ 110.00 972 $ 106,920
Superintendent I: Rick'Rodriguez $ 135.00 . 1,134 $ 153,090
Superintendent ll;Delbert Bace $ 135.00 - $ -
Clerical:TBD $ 57.00 972 $ 55,404
Community Outreach Director: Gary Lowe $ - 352 $
Historical Consultant TBD $ 150.00 1 162` $ 24,300
Subtotals 5,9.12 $ 698,978
rev 5/1/06 B-3
City of Atascadero
Bernards wa�
EXHIBIT B
Compensation and Method of Payment
My
Atascadero City Hall Renovation W
Phase I ` BERNAROS
BUILDERS•MANAGEMENT S£RVICE5
General Conditions
5-Apr-10 k °;; ^} Ph"ase I (A tement& Demolitton)JL6„s'r 'r
PROVIDED BY BERNARDS COST BREAKDOWN
Temporary Facilities Bernard City Contractors Unit Cost Qty. Projected
S, Costs
Temporary CM Field Office(1) 12 X 60 Trailer X $ - /month $ -
Temporary Architect/inspector's Field Office X $ - /month $ -
Temporary CM Field office IT Setup X $ 6,500 /lump sum 1 $ 6,500
Desks,Chairs,Files,Plan Tables,Plan Racks X $ 2,500 /lump sum 1 $ 2,500
Conference Table and Chairs X $ 500 /lump sum 1 $ 500
Telephone Service Installation X $ 500 /lump sum I $ 500
Telephone/Land Cine(CM only) X $ 450 /month 6 $ 2,700
Copy Machine,Maintenance(rental) X $ 500, /month 6 $ 3,000
Software and IT Support(P6,Citrix&Prolog) X $_ 1,480 /month 6 $ 8,880
Office Machine Supplies X $ 300 /month 6 $ 1,800
Office Drinking.Water/Suppliers X $ 125 /month 6 $ 750
Office Supplies/Postage/Delivery Service X $ 450 /month 6 $ 2,700
Bid Document Reproduction X $ - /lump sum $ -
Schedule,Printing/Plotting Costs X $ 100 /month 6 $ 600
Temporary Toilets(CM Field Office only) X $ - /month $ -
Temporary Toilets for Job Site X $ /month $ -
Temporary Job Sign X $ - /lump sum $ -
Bid`Advertisement X $ - /lump sum $ -
Move=on(start of job only) X $ 1,000 /lump sum 1 $ 1,000
Website Cameras X $ 1,750 /month 6 $ 10,500
Move-off(end of job only) X $ 1,000 /lump sum 1 $ 1,000
Total Temporary Facilities $ 42,930
Jobsite Security
Security for Site X $ - /lump sum $ -
Security Alarm for Jobsite Office/Monitoring,, X $ 300 /month 6 $ 1,800
Jobsite Perimeter Barricading X X $ - Bump sum $ -
Temporary Barricades and Fencing X $ - /lump sum $ -
Temporary Weatherproofing and Fencing X $ - /lump sum $ -
Total Jobsite Security $ 1,800
rev 5/1/06 B-4
City of Atascadero
Bernards `
EXHIBIT B
Compensation and Method of Payment
My
Atascadero.:City Hall Renovation
Phase 1, ` BERNAROS
BUILDERS•MANAGEM£h75ERVCES
GeneralConditions x
5-Apr-10 w, Phase 1 (Abatement&D olitiori) :,,6 ,
PROVIDED .S COST BREAKDOWN
Bernard Projected
City Contractors Unit Cost Qty.
s C osts
Temporary Utilities(CM Field Office only)
Power Cost-Temporary Installation Field Office only/Light X $ /lump sum $
Power Cost-Consumption X $ /month $
Water Cost-Temporary Installation X $ /lump sum $
Water Cost-Consumption(if needed) q X $ /month- $
Temporary Sewer Hook-up(if needed) X $ /lump sum $ -
Total Temporary Utilities $ -
Clean-up
Emergency Clean-up X X $ 5,000 /lump sum 1 $ 5,000
Progressive Clean-up X $ - /lump sum $
Final Clean-up X $ /lump sum $
Dumpsters X $ /lump sum $
Total Clean-up $ 5,000
Safety and First Aid r
Safety Inspection's X $ 720' /each 3 $ 2,160
Ladders Y X $ - /lump sum $ -
First Aid and Safety X $ /lump sum $ -
Fire Equipment(Fire'Extinguishers) X $ 50 /each 15 $ 750
Hard Hats(CKDistrict;use) X $ 25 /each 15 $ 375
First Aid'Kits in Trailer X $ 350 /each 2 $ 700
Miscellaneous Safety, X 1 $ - /lump sum $ --
Total Safety and First Aid $ 3,985
Insurance -
Insurance,Professional Liability X $ 8,500 /lump sum 1 $ 8,500
Insurance,Builder's Risk/All Risk X $ /lump sum $ -
insurance,General Liability X $ 4,250 /lump sum 1 $ 4,250
Total Insurance $ 12,750
Total Phase l General Conditions $ 66, 665
rev 5/1/06 B-5
i
City of Atascadero
Bernards
EXHIBIT C
Items Provided by City
As detailed in Exhibit B General,Conditions, The City of Atascadero will provide the following:
1. Temporary field office with restroom
2. Temporary arch itect'sh nspecto r's field office
3. Bid document reproduction/delivery
4. Bid advertisement
-5. Jobsite security
i
6., Jobsite perimeter barricading(portion that is not to be provided by contractors)
7. Temporary installation;,and,cost of power, water and sewer
8. 1 Phone and data service;`including phone handsets and monthly service cost
9. Janitorial-service
10 Insurance: course of construction hazard insurance for building and for temporary field
office
rev 5/1/06 y" C-1
City of Atascadero
Bernards « '
EXHIBIT D
Location Schedule
City City,Hall is located at 6500 Palma Avenue, Atascadero,
The C�i of Atascadero Historic Ci H
California.
rev 5/1/06 D-1
r
4
City of Atascadero
Bernards `
i° EXHIBIT E
Insurance Requirements
The Consultant shallprocureand 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 broadas:
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.
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 orself-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:
1. The City, its officers, officials,'employees, agents and volunteers are to be covered as
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
rev 5/1/06 E-1
,City of Atascadero
Bernards '
EXHIBIT E
Insurance Requirements.
the Consultant. The coverage shall contain no special limitations on the scope of
protection afforded to1he City,,Ats,officers, official, employees, agents or volunteers.
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 suspended, voided,"canceled by either party, reducedin 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 insurers with a current A.M. Best's
rating of no less than A:VII.
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.
rev 5/1/06 E-2
x
City of Atascadero
Bernards
1. SCOPE AND STANDARDS: ........................................................................................... 1
A. CONTRACT.......................................................................................................... 1
2. EMPLOYMENT STATUS OF PERSONNEL: ................................................................ 1
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT............ 1
B. INDEPENDENT INVESTIGATION....................................................................2
C. COMPLIANCE WITH EMPLOYMENT LAWS.................................................2
D. UNLAWFUL DISCRIMINATION PROHIBITED..............................................2
3. TIME OF PERFORMANCE ............................................................................................2
4. COMPENSATION:...........................................................................................................2
A. . TERMS...................................................................................................................2
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING....................2
5. SUPERVISON, LABOR.AGREEMENTS AND PERSONNEL: .................................... 3
A. CONSULTANT SUPERVISES PERSONNEL....................................................3
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS........3
C. APPROVAL OF STAFF MEMBERS................................................................... 3
6. 'TERMINATION................................................................................................................3
A. 30 DAYS NOTICE................................................................................................ 3
B. OBLIGATIONS SURVIVE TERMINATION...................................................... 3
7. CHANGES:........................................................................................................................4
8. PROPERTY OF CITY:......................................................................................................4
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY......................4
B. CONSULTANT TO DELIVER CITY PROPERTY.............................................4
9. CONFLICTS OF INTEREST:...........................................................................................4
A. CONSULTANT.....................................................................................................4
10. CONFIDENTIAL INFORMATION:................................................................................ 5
A. ALL INFORMATION KEPT IN CONFIDENCE................................................5
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE................................. 5
C. COOPERATION................................................................................................... 5
11. PROVISION OF LABOR,EQUIPMENT AND SUPPLIES:...........................................5
A. CONSULTANT'PROPERTY ........................................................ 5
B. SPECIAL SUPPLIES ............................................................................................ 5
rev 5/1/06
City of Atascadero
Bernards
12. COMPLIANCE WITH LAW:...........................................................................................6
A. COMPLIANCE REQUIRED ...................................................6
B. PREVAILING WAGES................................................:.......................................6
13. SUBCONTRACTING:......................................................................................................6
14. ASSIGNABILITY:............................................................................................................6
15. LIABILITY OF CONSULTANT:..............................
16. INDEMNIFICATION: ...........:......................................
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY................................7
B. INDEMNIFICTION FOR'OTHER THAN PROFESSIONAL LIABILITY........7
f
C. GENERAL INDEMNIFICATION PROVISIONS. .............................................. 7
D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO
CONSTRUCTION..............................................................:.................................. 7
17. INSURANCE:...........................................................................:........................................ 8
18. RECORDS:..................................:..................................................................................... 8
19. MISCELLANEOUS PROVISIONS: ................................................................................ 8
A. NONDISCRIMINATION/NONPREFERENTIAL-TREATMENT STATEMENT
................................ ............................................................................................ 8
B. UNAUTHORIZED ALIENS................................... ............................................. 8
C. GOVERNING LAW'.............................................................................................. 8
D. ASSIGNMENT OR SUBSTITUTION.................................................................. 9
E. ENTIRE CONTRACT:..........................................................................................9
F., AMENDMENTS ................................................................................................... 9
G. 'CONSTRUCTION AND INTERPRETATION....................................................9
H.' WAIVER......................:.........................................................................................9
I. SEVERABILITY................................................... .....................9
J. NOTICES...............................................................................:............................. 10
K. AUTHORITY TO EXECUTE................:............................................................ 10
rev 5/1/06