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CITY OF ATASCADERO
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CONTRACT FOR
EARTH SYSTEMS PACIFIC
for
ACH-1 DEPUTY INSPECTION CONSULTING SERVICES
HISTORIC CITY HALL PROJECT, BID NO 2010-006
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CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
EARTH SYSTEMS PACIFIC
THIS CONTRACT is made and entered into between City of Atascadero,
a Municipal Corporation ("City") and Earth Systems Pacific ("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
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
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A. 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
B 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.
C 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 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
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City of Atascadero
Earth Systems Pacific
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
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
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Earth Systems Pacific
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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
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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Earth Systems Pacific
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
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 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.
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Earth Systems Pacific
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 same are caused in whole or in part by any
negligence or wrongful act, error or omission of Consultant, 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.
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 attorneys 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 final
project close out (estimated to be 2017) Consultant shall contact the City prior to
destruction of records
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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
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
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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
J 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- City of Atascadero
Director of Administrative Services
6907 EI Camino Real
Atascadero, CA 93422
Consultant: Earth Systems Pacific
4378 Old Santa Fe Road
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
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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
AGREED to this Il day of , 2011 by the parties as follows,
Approved as to form Earth Systems Pacific
By. �---�"
Counsel for Consultant ennis Sha nberger, G E
President
Approved as to form City of Atascadero
By, o By-
Brian Pierik, Agency Attorney Wade McKinney, City Manager
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Earth Systems Pacific
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
1 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
Dennis Shallenberger, G E , President
Earth Systems Pacific
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Earth Systems Pacific
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.gov/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
apprentices 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
Dennis Sh berger, G E , President
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EXHIBIT A
Scope of Work
1 Project Initiation
The Consultant will provide the necessary initial engineering support and consultation
as the project begins Services during project initiation will include review of submittals,
micropiling scope of work, and other documents as requested by the City (or designee,
typical)
[Estimated 35% Repair/ 65% Mitigation]
2 Micropile Foundations
Micropiles will be used to underpin the existing building foundations The type of
micropile to be used is left to the contractor; however, the piles will be a minimum of 12
inches in diameter and will be embedded 10 to 25 feet into the underlying bedrock It is
anticipated that micropile operations will involve two phases The first phase will involve
a pile indicator program which includes installation and testing of at least four
micropiles The Consultant will provide observation of micropile installation and testing
during this phase The second phase, production phase, will involve the installation of
approximately 254 micropiles in the basement of the building Per the project
specifications, a licensed engineer is to observe the installation of all micropiles In
addition, special inspection of micropile construction is also required The Consultant
will utilize a California Registered Civil or Structural Engineer, who is also a special
inspector to observe, document, and inspect micropile operations (indicator program
and production phase) It is assumed that the indicator program will require 10 working
days (14 calendar days) of observation It is also assumed that during the production
phase, the micropile contractor will install an average of about five piles per day
The production phase of micropiles is estimated to take 50 working days (70 calendar
days) to complete It is estimated that each day will require 5 hours of project engineer
time and 3 hours of special inspection Ten percent (10%) of production phase is
anticipated to be at overtime rates, and shall be reflected in the quoted fee
[0% Repair/ 100% Mitigation]
3 Cast-in-Place Concrete—Pile Caps, Basement Walls Basement Slabs-On-Grade,
And Beams
The Consultant understands that pile caps, basement walls, basement slabs-on-grade,
and some beams will be constructed and most of this work will occur in the basement.
It is anticipated that material certificates will be provided by the supplier and accepted
by the architect/engineer for concrete mix designs in lieu of significant laboratory
testing, and that batch plant inspection will not be required The Consultant will provide
special inspection of reinforcing steel, epoxy anchors, and concrete placement. Tensile
and bend tests on reinforcing steel is also recommended
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The cast-in-place concrete work is estimated to occur over approximately 89 working
days (125 calendar days) It is anticipated that most of the concrete work will occur in
the basement and will likely occur simultaneously with micropile foundation
construction As a result, 40 days of special inspection is anticipated to be necessary
for rebar, concrete, and anchors to existing concrete It is anticipated that there will be
eight concrete pours for pile caps, and 12 pours for basement walls, floors, and beams,
and that each pour will require a rebar inspection Ten percent (10%) of the production
phase is anticipated be at overtime rates, and shall be reflected in the quoted fee
[0% Repair/ 100% Mitigation]
4 Soils Special Inspection — Basement Wall Backfill and Miscellaneous Flatwork
Consultant shall provide soils special inspection intermittently as required for the backfill
of the basement walls, basement slab/foundation backfill, and other miscellaneous
flatwork. Testing of utility trench backfill may be required as well Earthwork operations
will intermittently occur during the project and will total 35 working days (49 calendar
days), up to 6 hours per day It is anticipated that one source of aggregate base, two
types of site soils, and one source of utility trench backfill material will be used
[0% Repair/ 100% Mitigation]
5 Shotcrete
According to the project plans, the interior side of the exterior walls of Floors 1 through 3
will be strengthened with reinforced shotcrete The new shotcrete walls will be up to 8
inches thick and are intended to strengthen the exterior unreinforced masonry (URM)
walls Rebar will be attached to interior of the existing URM walls and shotcrete
applied In order to connect new rebar to the URM walls, mechanical and epoxy
anchors will be installed Consultant shall provide inspection of these items as well as
inspection of masonry repair and construction (See Masonry Repair and Construction,
Exhibit A-6) Sampling and testing of shotcrete will be performed using test panels It is
assumed that material certificates will be provided by the supplier and accepted by the
architect/engineer for concrete mix designs in lieu of significant laboratory testing, and
that batch plant inspection will not be required
Prequalification of nozzlemen is required to be provided by the Consultant. Each
nozzleman will shoot a test panel measuring 4 feet wide and 6 feet long It is assumed
that nozzleman test panels will all be shot in the same day Evaluation of the
nozzlemen will be measured partly by shotcrete core strengths and grading Due to the
size of the prequalification panels, transporting to the Consultant's laboratory is
considered prohibitive As a result the Consultant shall provide coring services on-site
(or by a subcontractor) and the samples will be tested at Consultant's laboratory
During production, one smaller test panel is required every day or every 50 cubic yards
of placement, whichever is more frequent. The Consultant will transport production
panels to their laboratory where they will be cored and tested It is anticipated that there
will be eight working days of shotcrete placement for each floor required, totaling 24
shotcrete application days There is an estimated 24 shotcrete inspection days and four
rebar inspection days Ten percent (10%) additional shotcrete inspection time is
rev 5/1/06 B-2
792119.3
7 }
anticipated to be at overtime rates, and shall be reflected in the quoted fee Rebar bend
/ tensile tests are also included
[0% Repair/ 100% Mitigation]
6 Masonry Repair and Construction
A significant amount of masonry repair will be required over the course of the project.
Several methods including epoxy injection, helical anchoring, regrouting, and fiber-
reinforced polymer (FRP) will be used to repair the structure Each method requires
various specific inspection aspects For masonry anchors, continuous inspection is
required for any anchor embedded into the URM structure Numerous pull/torque tests
are also required on masonry/concrete anchors In accordance with the specifications,
50 percent of mechanical anchors require testing, 5 percent of epoxy anchors require
pull tests, and 25 percent of epoxy anchors require torque tests Where epoxy injection
is required, the contractor will have to demonstrate that the repair method chosen will
provide the necessary shear strength Slant shear testing as well as cores of epoxied
cracks are also required Consultant shall provide four slant shear tests for each type of
proposed epoxy Consultant shall provide on-site coring services (may be
subcontracted) Additional masonry construction will include new masonry as well as
reconstruction of existing areas that are demolished for structural repairs Consultant
shall provide one set of masonry prisms for every 5,000 square feet of new masonry
construction
FRP will be used to strengthen the upper two floors of the structure Specialized field
and laboratory testing is required by the specifications Pull tests will be performed by
the Consultant's FRP special inspector Consultant, as required, shall sample batches
of FRP daily A sample batch consists of two 12-inch by 12-inch panels of cured FRP
Consultant shall test a minimum of 15 percent of these sample batches for ultimate
tensile strength, tensile modulus, and percent elongation This specialized testing may
be subcontracted The normal turnaround times for this test will be 15 working days
out, the specifications require test results within two weeks (10 work days)
Consequently, the short turnaround time will result in a premium "rush" charge included
in the proposed fee It is assumed that of the 15 percent of the batches to be tested (2
samples per batch), 25 percent would be charged at a premium turnaround times and
the remaining 75 percent at normal turnaround times There is an estimated total of 180
samples to be taken based upon a 45 working day schedule and two batches of two
samples taken daily Fifteen percent of the 180 samples would be 27 "rush" tested
samples
The Consultant understands that masonry repair and construction could occur over
approximately 180 working days (252 calendar days) As much of the masonry work
will likely be occurring concurrently with shotcrete and other inspection aspects, it is
assumed there will be some overlap As a result, there is an estimated 144 days of
inspection for masonry repair and construction (excluding FRP inspection) In addition,
the Consultant will provide an additional inspector for FRP operations The FRP
inspection is anticipated to take 45 days (63 calendar days)
[Estimated Masonry- 60% Repair/40% Mitigation, FRP 20% Repair/ 80% Mitigation]
rev 5/1/06 B-3
792119.3
? R
7 Structural Steel/Welding Inspection
The project will also utilize brace frames and other structural steel elements to reinforce
the structure Consultant shall provide both shop and field inspections as necessary
Several aspects of inspection are required by the specifications Consultant shall
provide 15 percent of fillet welds and 25 percent of built up fillet welds with magnetic
particle inspection Consultant shall provide ultrasonic testing (UT) as well as
inspection by a non-destructive testing (NDT) Level II welding inspector of 100 percent
of moment frame welds These services may be subcontracted Consultant shall
provide non-NDT Level II inspections for welding and structural steel inspection of shop
and field construction It is assumed that shop fabrication will occur at a shop that is
within 30 miles of the project site There is an estimated 10 working days (14 calendar
days) of periodic shop inspection by an AWS D1 1 welding inspector and 3 working
days of full time shop inspection by an NDT Level II inspector Fifty (50) working days
(70 calendar days) of continuous field structural steel and welding inspection by an
AWS D1 1 welding inspector and eight (8) working days of continuous NDT Level II
inspection are anticipated
[100% Repair/0% Mitigation]
8 Inspection Report Preparation
The Consultant shall prepare inspection documentation during construction
Documentation and reporting of inspections and observations pertaining to geotechnical
and inspection aspects of the project shall be provided Consultant shall submit three
(3) close-out binders to City at the end of the project. These binders will include a copy
of all weekly special inspection reports, laboratory test results, and other reports
submitted during construction
[Estimated 35% Repair/ 65% Mitigation]
rev 5/1/06 B-4
792119.3
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $386.991.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
Services will be conducted on a time and material basis not to exceed a total
contractual amount of$386,991 00 All reimbursables expenses will be included in the
total contract amount of$386,991 00
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. Any charges incurred
outside of these contract terms will not be authorized for payment
Payment will be made within 30 days after receipt and approval of invoice
Earth Systems Pacific
Dennis Shallenberger, G E , President
658615 1
DRAFT 06/4/01 4.33 PM C-1
EXHIBIT B
Compensation and Method of Payment
1. Proiect Initiation (Reference Exhibit A, Section 1)
Associate Engineer 5 hrs. @ $145 00/hr $72500
Project Engineer 35 hrs. @ $110 00/hr 3 850 00
Administrative Assistant 5 hrs. @ $48 00/hr 240.00
Subtotal,Project Initiation $4,815.00
2. Micropile Indicator Program (Reference Exhibit A, Section 2)
Project Engineer 80 hrs. @ $110 00/hr $8 800 00
Micropile Production Phase(Reference Exhibit A, Section 2)
Project Engineer 250 hrs. @ $110 00/hr $27,50000
Special Inspector 150 hrs. @ $86 00/hr 12,900 00
Special Inspector- OT 40 hrs. @ $129 00/hr 5,16000
Inspection Coordination 20 hrs. @ $110 00/hr 2,200 00
Compression Tests
(Grout/Concrete) 162 tests @$25 00/ea. 4,050.00
Subtotal,Micropile Foundations $60,61000
3. Cast-in-Place Concrete—Pile Caps, Basement Walls, Basement Slabs-On-Grade,
Beams (Reference Exhibit A, Section 3)
Special Inspector-
Rebar/Epoxy Dowels 60 hrs. @ $86 00/hr $5,16000
Special Inspector—Concrete 180 hrs. @ $86 00/hr 15,480 00
Special Inspector—Concrete OT 18 hrs. @ $129 00/hr 2,32200
Inspection Coordination 30 hrs. @ $110 00/hr 3,30000
Rebar Tensile/Bend Test 4 tests @ $75 00/ea. 30000
Concrete Compression Tests 60 tests @ $25 00/ea. 1,500.00
Subtotal, Cast-in-Place Concrete $28,062.00
rev 5/1/06 B-2
792119.3
a �
4. Soils Special Inspection-Basement Wall Backfill,Misc. Flatwork (Reference
Exhibit A, Section 4)
Soils Special Inspection 210 hrs @ $82.50/hr $17,32500
Inspection Coordination 30 hrs. @ $110 00/hr 3,30000
Max Density/Opt Moisture Content 4 tests @$170 00/ea. 680.00
Subtotal,Soils Special Inspection $21,305.00
5. Shotcrete (Reference Exhibit A, Section 5)
Nozzleman Predualification
Special Inspector—Nozzleman Test Panels
8 hrs. @ $86 00/hr $68800
Nozzleman Test Panels—assume two panels, both cored on the same day
Golding Concrete Sawing 8 hrs. @ $155 00/hr 1,24000
Nozzleman Core Compressive Strength/Grading
12 tests @$40 00/ea. 48000
Shotcrete Production
Special Inspector—Rebar 32 hrs. @ $86 00/hr 2,75200
Special Inspector—Shotcrete 192 hrs. @$86 00/hr 16,512.00
Special Inspector—Shotcrete OT 20 hrs @ $129 00/hr 2,58000
Inspection Coordination 40 hrs. @ $110 00/hr 4,40000
Test Panel Coring at Lab (1 panel/day—3 hrs./panel)
72 hrs. @ $60 00/hr 4,32000
Core Compressive Strength(4/panel)
96 tests @ $40 00/ea. 3,84000
Rebar Tensile/Bend Tes t8 tests @ $75 00/ea. 600.00
Subtotal, Shotcrete $37,412.00
6. Masonry Repair and Construction (Reference Exhibit A, Section 6)
Masonry
Special Inspector—Masonry Repair and Construction
1,152 hrs. @ $86 00/hr $99,072.00
Inspection Coordination 30 hrs. @ $110 00/hr 3,30000
Coring of Epoxied Crack Repair
Golding Concrete Sawing 6 visits @ 4hrs./visit
24hrs. @ $155 00/hr 3,72000
Epoxy Injected Masonry Core Compressive Strength
8 tests @$40 00/ea. 32000
Slant Shear Test(2 epoxy types,4 tests/epoxy type)
8 tests @ $150 00/ea. 1,200 00
rev 5/1/06 B-3
792119.3
Masonry Prism Compressive Strength
(1 set per 5,000 square feet of wall, assume 6 sets)
18 tests @ $120 00/ea. 2,16000
Mortar Compressive Strength(1 set per mortar type, assume 3 types)
9 tests @ $25 00/ea. 22500
Fiber-Reinforced Polymer(FRP)
Special Inspector—FRP 360 hrs. @ $99 00/hr 35,640 00
Inspection Coordination 40 hrs. @ $110 00/hr 4 400 00
FRP Laboratory Tests (Dellen Laboratories)
Rush Charge 7 tests @ $1,035 00/ea. 7,24500
Regular Charge 20 tests @ $690 00/ea. 13,800.00
Subtotal,Masonry Repair and Construction $171,082.00
Structural Steel[Welding Inspection (Reference Exhibit A, Section 7)
Special Inspector—Shop Inspection 60 hrs. @ $69 00/hr $4,14000
Special Inspector—Field Inspection 400 hrs. @ $86 00/hr 34,400 00
Inspection Coordination 40 hrs. @ $110 00/hr 4,40000
NDT Level 11 Inspection—Shop and Field
(includes magnetic particle and UT)
64 hrs. @ $115 00/hr 7,360.00
Subtotal, Structural Steel& Welding Inspection $50,300.00
7 Inspection Report Preparation (Reference Exhibit A, Section 8)
Associate Engineer- Inspection Report Review
25 hrs. @$145 00/hr $3,625 00
Staff Engineer -Weekly Special Inspection Reports
60 hrs. @ $95 00/hr 5 700 00
Draftsperson—Micropile and Compaction Test Maps
20 hrs. @ $60 00/hr 1,200 00
Administrative Assistant—Inspection Reports
60 hrs. @ $48 00/hr 2,880.00
Subtotal,Inspection Report Preparation $13,405.00
ESTIMATED PROJECT TOTAL $386,991.00
rev 5/1/06 B-4
792119.3
d •
EXHIBIT B-2
ANTICIPATED FUNDING SOURCES
Item No Percentage Cost Determination Total Fee
Repair Mitigation Repair Miti ation Total
A-1 Initiation 35% 65% 1,68525 3,12975 4,81500
A-2 Micropiles 0% 100% 000 60,610 00 60,610 00
A-3 Concrete 0% 100% 000 28,062 00 28,062 00
A-4 Soils Inspection 0% 100% 000 21,305 00 21,305 00
A-5 Shotcrete 0% 100% 000 37,412 00 37,412 00
A-6 Mason 60% 40% 65,998 20 43,998 80 109,997 00
A-6 FRP 20% 80% 12,217 00 48,868 00 61,085 00
A-7 Steel/Welding 100% 0% 50,300 00 000 50,300 00
A-8 Report Pre 35% 65% 4,691 75 8,71325 13,405 00
Totals 4,89220 1 $252,098 80 1 $386,991 00
rev 5/1/06 B-5
792119.3
EXHIBIT C
Items Provided by City
• City will provide the following electric power source and be responsible for payment
thereof-
1 LIGHT DUTY 60 amp "Spider" boxes for small power tools and temporary
lighting per minimum OSHA Standards
2 HEAVY DUTY 400 amp, 3 phase temporary service, Contractor to have
access to temporary power panel to provide at its own expense individual power
connection as required
• General lighting will be provided by the City but specific task lighting must be provided
by the Contractor
• City will provide a source of water to the site, but the Contractor is responsible to provide
all temporary water distribution required for the Contractor's work.
• City will install and maintain throughout the construction work chemical toilet facilities for
the use of all workmen on the job
• If the Contractor requires an on site temporary office, the City will provide a limited
amount of office space for the Contractor in a portion of the Construction Manager's
office complex. Any phone or internet service will be the responsibility of the Contractor
• Permit fees will be paid by the City of Atascadero Any special permits required to
perform this scope of work, such as deferred permits, Cal OSHA Activity Permits, AQMD
Permits and all other governing jurisdictions that required permits or approvals for the
execution of Contractor's scope of work shall be applied for and paid by the Contractor
658615 1
DRAFT 06/4/01 4.33 PM C-1
� r
EXHIBIT D
Location Schedule
i
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w
Historic Atascadero City Hall
6500 Palma Avenue
Atascadero, California 93422
658615 1
DRAFT 06/4/014.3 3 PM ��1
.a
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 147)-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-aee� claim and annual aggregate
Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be
PL is declared to and approved by the City At the option of the City, either- the insurer shall reduce
$150k. GL or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers, or the Consultant snail 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
sureds as respects liability arising out of activities performed by or on behalf of the
onsultant; products and completed operations of the Consultant; premises owned,
o upied or used by the Consultant; or automobiles owned, leased, hired or borrowed
by e Consultant. The coverage shall contain no special limitations on the scope of
prote ion afforded to the City, its officers, official, employees, agents or volunteers
additional
6586151
DRAFT 06/4/01 4.33 PM E-1
Insurance Requirements
ertificate of insurance
2 For aZsuit
r ted to this project, the Consultant's insurance coverage shall be
primaas respects the City, its officers, officials, employees, agents and
voluninsurance or self-insurance maintained by the City, its officers, officials,
empints or volunteers shall be excess of the Consultant's insurance and shall
not cith it,
3 The 's insurance shall apply separately to each insured against whom claim
is mais brought, except with respect to the limits of the insurer's liability
4 Each state that coverage
shall not be suspended, voided, canceled
-ftnits except after thirty (30) days' prior written notice by seri€+ed mail,
-Peque&te�, has been given to the City
Acceptability of Insurers Insurance is to be placed with insurers with a current AM 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
6586151
DRAFT 0614/01 4.33 PM E-2