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HomeMy WebLinkAbout2013-004 Michael Nunley ECR SS Improvements CITY OF ATASCADERO eta CONTRACT FP MICHAEL K. NUNLEY AND ASSOCIATES, INC. FOR EL CAMINO PEAL SANITARY SEWER IMPROVEMENTS INSPECTION SERVICES 9'a ` - r:szs;.l CONSULTANT SERVICES AGREEMENT FOR. THE CITY OF ATACADERO MICHAEL K. NUNLEY AND ASSOCIATES, INC_ THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Michael K. Nunley and Associates, Inc. ("Consultant"). City and Consultant agree as follows- A. :::OIC"�M- tiC 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." Terns set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. a,»1 tF 4 i" :—OY!J[t,_.i`5 Y tD F •?SON N N�....L... �i�."��L.�Y.•• _ i•. qty fm.+;.. ...».a ,3h, i,;.. .lka.,f__»-.f":. e;-^ � i� T. A, .. ......... .._.t _. .. ,. . , ., w--.g �: 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. rev 5/1/06 I 79211.9.3 City of Atascadero Michael K. Nunley and Associates, Inc. FUI l 0 �.�_.. B. ,s >} `° "" ' r , 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. y,c� r^4 f� r:: :s.. S ;7. l'" i ,�}....:1.,^r_ A.t t'�'...' The c:,. o C. F;: irf..irr ti .., ,``<`. . .. s,:. _.. ..:4� �°sa. i r :;. 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. :.... . ,,1 . 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. 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 0 and 19 below, this Contract shall terminate no later than december 31, 2013 unless extended by the mutual agreement of both parties. A. ; = q, Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. .r "'f^+." ;t t:•y.....,.F.+..ici s—. l �^e> _ R-.w .,. k ,,,.. t� tom. B. �; . . , _,...,�1 . ,s... ._3 _: . . :,.._S .Fi/; , ; : 4,, r.r. . 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. rev 5/1/06 ? 79211.9.3 City of Atascadero Michael K. Nunley and Associates, Inc. 5. Si..."PERV'SON, LA!BOR AGREEHIMENI-TE3 AND PIE-1r-',,,SONNEL.� A. Cr it i_ll..."f F".J'_1_ , �SIRSOf,JNEL. The Consultant shall have the - r 4.VES P 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. "�C_MVJCZI�J; i AGI-EA 1"j� IT B, IKE R' 0R;`iL6ANC­E " L_ i i +.3-..,+x._3 J i. 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. 10F S1-/',, N':' MEMBER.",, 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. G. TERMINAT[O�N�: t I-.) !0F_ - - A. '�30 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 Conti-act up to the date of termination- V, IVE T" Rf'011"NiAT 0- �. Notwithstanding any termination of this CWT!ON S 'E,ALIR W T � ! I I B, ()BL 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. rev 5/1/06 3 792119.3 City of Atascadero Michael K. Nunley and Associates Inc. 7. � 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. TY- A. :K`rER.lAt..:-p EA` f l I '. 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 NSe1,)L._"Aii: . ..,.(J ;...J;: 4..It- ,--1 3 �=� �. PEAR 1 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. A. 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. rev 5/1/06 4 792119.3 City of Atascadero Michael K. Nunley and Associates, Inc. ,'.i'^'j,�F 'p i j ,. .4 'j i ' !4'•.: 5... ; � ...E..r I'`Y v 10. A. l..<.. NPC ��:�._°�<t it K'-PT W CO,�...iE:r,":�;It°�1::. 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. :. '.' `... .: : ...' ' ; f :"' '.`.f.�,i..iN t S �r F , :�......jt 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. '.. ll 11. :�: ; ,t\,°f.yr N!. 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 simllar 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, i'"f�..,� t...;y' a! ,r try B.i y g... ,f F...,€ y R S( � r�:� !^'i'A `0�T_{ C� i�� y�';"E� � a�—:`i F,�yt'��� �rY�`i�i f r3,.Z G.S �;' A. ..:r"s`°{��..�L tYJ „° - 1.. . 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 _�` ''`_''` {"' '"'':'' "~ City shall be responsible for supplying any special supplies, F.. . _, 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. rev 5!1/06 ` 792119.3 City of Atascadero Michael K. Nunley and Associates, Inc. �h 12. (I.O P IA.N E . v!_.I-4 I_.XvNf'. A. :,,OMPt... taNtI"E. FRE 01 'IR`D. Consultant shall beep 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 0 (commencing with section 7000) of {division 0 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. In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by applicable law. 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.g 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. rev 5!1/06 6 7921193 City of Atascadero Michael K. Nunleyand Associates, Inc. e L: u. ;r .. 15. 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 small 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. A. HNIIIIEDNAIINIF ICti,s€Ol'',.l C.FIRC3..._E.-'.,:,°:,IONA!.- t..1/,-M..i i v 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. �;i as....5•__ '>,€W:;t 2 "+"'',?...: "'1- :,.5r...-N, v " .7 �:.s="` r,"t r.,.: s F ; •,a. B. Other ,. 3v,,.�_.=:�:.: ... 1.:: 2 �wF_':,i. / =,5/.�.. ���'.. � er an 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. If it-`)E)lFNl =`ir ;w:•.I¢,,N R _ ,S .,r,W-3 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. rev 5/1/06 7 792119.3 City of Atascadero Michael K. Nunley and Associates, Inc. dr 1.9k y { ! r~: J D. i2�sfa C':tb�.f ���'t� "4'.=..,.�`tia SvE4..iC ���# i'i�„�T"`-, ,.-()?`v1!T_i`-3:C..s c-'S R <..A:... ..._ ... ., ,.: ? 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, l .- f kN C�..:. 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, Consultant shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Consultant shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19. M=S, tEi..'..r-N .-"6)U:"= W�s_S1Ot'kS. A. ^";to 4..7'1't,..$� €�� ...'s ti�'l R\ :,W F,i r,tix ` City has a NO9ki,l...:'«!�.•REiZfS Nd`'E`.^F IONI i l<� fNP E�='I�.REIN� 'Af TREH�.Ts�, ���`-n'= 3"f l'v�E=NT 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. P. r1NA1,-J"q"-tORL-2.E�'_11 ALlB"V . 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. rev 5/1/06 $ 7921.19.3 City of Atascadero Michael K. Nunley and Associates, Inc. .4S.b' ,x tygp j- C. '` C�I"V F."INI 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 arty 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. `V:iz'T `''{- =::i . <" 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. 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. 0N� 0 AND N°. ..:'Ri RE....,.+ :`;'` . 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. '. 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. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. rev 5!1!06 9 792119.3 City of Atascadero Michael K. Nunley and Associates, Inc. ;...;._`,.. `... 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 Department of Public Works 6907 EI Camino Real Atascadero, CA 93422 Consultant- Michael K. Nunley and Associates, Inc. P.O. Box 1604 Arroyo Grande, CA 93421 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. -, The person or persons executing this Contract on behalf of Consultant warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Consultant to the performance of its obligations hereunder. Effective this 23rd day of January, 2013 by the parties as follows, City of Atascadero Michael K. Nunley and Associates. Inc. By. EBy- IMP . wf Russell S. Thompson Michael K_ Nunley ` Director of Public Works President rev 5!1/06 10 792119.3 City of Atascadero G' ft Michael K. Nunley and Associates, Inc. _ CERTIFICATE COMPLIANCE WITH IL-ABOR CODE3700 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 '. X ! Michael K. Nunley, President rev 5/1/06 t 792119.3 City of Atascadero Michael K. Nunley and Associates, Inc. 1 M . CONTRACTOR,ACKNOWLEDGEMENT OF LABOR CODE RECaUIIREMENTS 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 Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (labor code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor shall comply with all provisions of Labor Code section 1775. Under section 1775, Contractor may forfeit as a penalty to city up to$50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof,in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under§ 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code sections 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Consultant Michael K. Nuni President Michael K. Nun ey and Associates, Inc. rev 5/1/06 12 792I19.3 EXHIBIT A Scope of Work The Scope of Work to include the following: Task Group 100- Bid Phase Services * Respond to RFI (1) * Bid Analysis and Recommendation Task Group 200: Construction Phase Services * Submittal Review * Field visits (4) ® Change Order Review (2) * RFI Response (2) * Progress Payment Review (4) ® Final Walkthrough and Punchlist * Record Drawings Task Group 300: Resident Engineer/Observation * Preconstruction conference * Part-time observation and completion of reports ® Weekly progress meetings * Review schedule * Coordinate materials inspection and testing by Earth Systems All materials prepared by the Consultant under contract 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. All design plans, project specifications and other pertinent design reports/materials/files developed under the contract shall be delivered to the City on CDROM at project design completion, and prior to release of the final payment. Design plans shall be provided in AutoCAD 2007 DWG Format and pdf. Specifications and other reports shall be provided in Word 2010 format and the cost estimate shall be provided in Microsoft Excel format and pdf- Specific details of the scope and task breakdown are provided in Exhibit F, Consultant's Proposal. 658615.1 ])RAH'06/4/01 4:33 PM A-2 EXHIBIT B Compensation and Method of Payment TOTAL COST OF CONTRACT NOT TO EXCEED $ 26,245.00 WITHOUT PRIOR WRITTEN AUTHORIZATION Services will be conducted on a time and material basis not to exceed the contractual amount of $26,245.00, All reimbursabies are included in the total contract amount of $26,245.00. 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. All additional work authorized by a City of Atascadero change order will be compensated at the same unit cost for the defined services as agreed to in this contract. Payment will be made within 30 days after receipt and approval of invoice. Payments to the contractor in excess of the contract amount of $26,245.00 will not be made unless written authorization is executed prior to the date of the additional requested work. Any charges incurred outside of these contract terms will not be authorized for payment. Michael K. Nunley and Associates, Inc. Michael K. Ianley, President 658615.1 DRAFT 0614/014:33 PNI B-1 EXHIBIT B Compensation and Method of Payment Proposaf-laid-Phase and Construction-Phase Smices for EI Camino Rea[Sewer Improvements Revised 12/3/12. F i✓j l iF c. Q, O') ...................... Task Group 100-Did Phase Services Respond to RFl{1) 2i 3 r$ o --- N � Bid Analysis and Recommendation ~� 2 �5 3U0 5 :30; _ Subtotal 4; 0 i$ 800 S 30 $ S 530 Task Group 200-Construction Phase Services i s SUk}mi.W Review 81 Field 1lisit5 W 8! t$ 1.:>t's i y 2.40 Change Crder Review(2) I 8 $ 1.200 4 65 RN Response(_'.-; 4' ;5 600 $ EO Progress Payment Review(4) Cj r $ 4t30 Final Waikthreasgh and Punchlist 4 Record Drawings 21 0 8°$ 300 S 30 Subtotal i- 40� 8=.$ 'i,000 $ 480,! Task Group 300-Resident Engineer/observation i Preconstru tion cn;:Jeretice _ 4 s$ 440 S 35 _ Part-time observation and completion of reports 18 $ I.2,0980 S 1,500= -V Weeky Progress meetings i 20 2,200 S - R.eview Schedule 8 $ 880 $ Caordinate tnateriais inspection and testing by Earth Systems j 10 { $ 1,:100 S _ Subtotal 0j Kitt '$ 17,600 1$ 1,535 $ $ 19,13*s I TOTAL BUDGET 44 F 1fi0 1fi $ 24,ZDD $ 2,(J45 $ $ 26,24.5 Rilldn~Rates $/hr W/D[sign Engineer. 150 Resident ngineer 113? Drafter 6J iUEileage to be reimbursed at ERS rate 658615.1 DRAY~0614/014:33 PM B-2 EXHIBIT C Items Provided by City None. 658615.1 DRAFT 06/4/01433 PM C-1 EXHIBIT D Location Schedule 'o Ject Location o i yS't. ..AYE The project will replace 1300 lineal feet sof surer pipe in El Camino Real from just south ®f the mission Oaks Plaza northerly to a point roughly 300 feet north of Del Rias Road, in Atascadero, California. 658615.1 DRAFT 0&4/014.33 PM D-1 EXHIBIT E Insurance Requirements The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 2, Insurance Services Office forrn number CA 0001 (Ed. 1/87)covering Automobile Liability, code I (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. Miniinum: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 or self.-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 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; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 658615.1. DR,VT 06/4101433 PM E-1 Insurance Requirements 2_ For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4_ Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Additional Insured. The City of Atascadero will to be added to the policy as Additional Insured by endorsement, adding the City's name to the Certificate of Insurance is not sufficient and will not be accepted. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf: All endorsements are to be received and approved by the City before work commences. 658615.1 DRAFT 06!4/014:33 PM E-2 EXHIBIT F Consultant's Proposal Scope of Work Task Group 100 — Bid Phase Services * Respond to requests for information (RFIs) from contractors. It is assumed that the City will advertise the project for bid and will make copies and distribute bid sets. * Issue one (1) RFI response and/or Bid Addendum. ® Prepare a spreadsheet summarizing the bids and provide a recommendation to the City regarding the apparent low bidder. It is assumed the City will check references and review the upfronts and legal documents submitted by the apparent low bidder, Task Group 200 — Construction Phase Services MKN will provide typical engineering services during construction (ESDC) as the design engineering firm. The amount of time to address change order requests, RFIs, and field issues depends on the experience of the selected contractor and other conditions that cannot be predicted at this time- Since it is difficult to estimate the amount of time required for construction-phase support, assumptions are stated below: ® Submittal Review— MKN will review contractor submittals and shop drawings and provide comments to the contractor. It is assumed no more than one original submittal and one conforming resubmittal will be required. It is also assumed the City will review critical coordination submittals such as the Traffic Control Plan, Bypass Plan, Dewatering Plan, and will provide comments (in addition to MKN review). * Field Visits— MKN will attend four (4) field visits to review general conformance with the plans and specifications. MKN will provide a written summary of the field visit and construction progress and will contact the City immediately if nonconformance issues are identified. ® Change Order Review— MKN will review two (2) change order requests from the contractor and provide a recommendation to the City. ® RFI Response — MKN will review two (2) RFIs from the contractor and provide a written response. * Progress Payment Review— MKN will review payment requests from the contractor and provide a recommendation to the City. It is assumed four (4) payment requests will be reviewed. ® Final Walkthrough and Punchlist— MKN will attend a final walkthrough with the City and contractor to develop a punchlist for final completion of the project. * Record Drawings— MKN will prepare a final set of record drawings based on the contractor's as-built drawings. 658615,1 DRAFT 06/4/014:33 PM F-1 City of Atascadero Michael K. Nunley and Associates, Inc. : t Task Group 300 -- Resident Engineer/ Observation MKN proposes to provide limited resident engineering services during construction as an optional task. These services will include: ® Preconstruction conference -The RE will review plans and specifications with the Contractor in an effort to facilitate the Contractor's understanding of the project; review the Contractor's construction schedule for the project, including equipment, labor, and supervision planning; review appropriate protocols and procedures detailed in the construction documentation; and apprise the Contractor- of contract requirements regarding security matters such as fences, lighting, and posting of signs. AECOM will prepare meeting minutes for the preconstruction meeting. Part-time observation and completion of observation reports - The RE will conduct field observation and prepare documentation of construction tasks including but not limited to construction staging, utility coordination, bypassing, dewatering, instrumentation, traffic access, pedestrian access, drainage, concrete, reinforcing, grading, pipeline, and base and surfacing. Upon witnessing (and discussing with City) materials, erection or installation process, or levels of quality that do not meet the requirements of the construction contract documents, MKN will issue a Non-Conformance Report notifying the Contractor of such deviation and inquire about the Contractor's proposed corrective action_ Copies will be forwarded to the City. MKN will maintain a photographic log of significant construction activities and provide the City copies of significant photographs. Coordination of weekly progress and look-ahead meetings Review of the contractor's schedule on a monthly basis Coordinate materials inspection and testing. Testing to be performed by Earth Systems Pacific. To perform these services, MKN anticipates a level of effort of 16 hours per week over a 10-week active construction period. rev 5/1/06 F-2 792119.3