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HomeMy WebLinkAbout2014-003 North Coast Engineering Highway 41 Multipurpose € I e ArAS �A�D,]_Q' (7- IcTa CITY OF ATASCADERO e 1918 1979 Contract For North Coast Engineering, Inc. for Highway 41 Multi-Purpose Class I Path Project Engineering Design Services Phase II i9is "_ ■ W CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO NORTH COAST ENGINEERING, INC. THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and North Coast Engineering, Inc. ("Consultant"). City and Consultant agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Consultant for the performance of services pursuant to this Contract shall remain employees of Consultant, shall at all times be under the direction and control of Consultant, and shall not be considered employees of City. All persons employed by Consultant to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Consultant employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. rev 5/1/06 1 792119.3 City of Atascadero North Coast Engineering, Inc. . " B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Consultant are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than March 1, 2017 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. rev 5/1/06 2 792119.3 City of Atascadero North Coast Engineering, Inc. 5. SUPERVISION, 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. rev 5/1/06 3 792119.3 City of Atascadero North Coast Engineering, Inc. '°' 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. rev 5/1/06 4 792119.3 City of Atascadero ;;.._ North Coast Engineering, Inc. 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. rev 5/1/06 5 792119.3 City of Atascadero ,; _ xx , North Coast Engineering, Inc. 7 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. In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant. 14. ASSIGNABILITY: Consultant shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. 15. LIABILITY OF CONSULTANT: Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Consultant's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors. rev 5/1/06 6 792119.3 City of Atascadero North Coast Engineering, Inc. 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 reasonable attorney's fees and costs to the extent same are caused 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 as determined by a court of competent jurisdiction. 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 reasonable attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 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 only for that portion or percentage of liability attributable to the active negligence of Consultant, or anyone for whom the consultant is legally liable. rev 5/1/06 7 792119.3 City of Atascadero North Coast Engineering, Inc. 17. INSURANCE: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit E attached to and part of this agreement. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Consultant shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19. MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION / NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. rev 5/1/06 8 792119.3 City of Atascadero North Coast Engineering, Inc. - ' 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. 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. rev 5/1/06 9 792119.3 City of Atascadero North Coast Engineering, Inc. ' 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 Department of Public Works 6500 Palma Avenue Atascadero, CA 93422 Consultant: North Coast Engineering, Inc. 725 Creston Rd, Suite B Paso Robles, CA 93446 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Consultant warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Consultant to the performance of its obligations hereunder. AGREED to this 26th day of February, 2014 by the parties as follows, Approved as to form: North Coast Engineering, Inc. t By: Irl Counsel for contractor Christy CObler, RCE #64821 Vice President Approved as to for CITY OF ATASCADERO ----) 14P \" ri� By: By: J Brian ierik, City Attorney Rachelie Rickard, City Manager rev 5/1/06 10 792119.3 4. City of Atascaderof. �'�„�•_off; North Coast Engineering, Inc. �- ,. 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 �&, A a Christy Gabler, Vice President North Coast Engineering, Inc. rev 5/1/06 I 792119.3 City of Atascadero " North Coast Engineering, Inc. °` 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/disr/pwd/southern.htmi. Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code§ 1773.2.) Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (labor code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor shall comply with all provisions of Labor Code section 1775. Under section 1775, Contractor may forfeit as a penalty to city up to$50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under§ 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code sections 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Cons Itant �,69K,4,4 Christy Gab r, Vice President rev 5/1/06 12 792119.3 EXHIBIT A Scope of Work Consultant to prepare final construction plans and specifications for the construction of the Highway 41 Multi-Purpose Class I Path project. Final plans and specifications to be complete and delivered to the City by March 15, 2014. TASK 2A.0—Survey Services Prepare topographic mapping for restaurant parcels (APN's 031-351-008 and -009) at Hwy 41 / Portola intersection. Include locations of all existing structures within the Caltrans Right-of- Way to the south-bound edge of travel way. TASK 2A.1 - 80% Construction Documents Construction Documents will be developed in Caltrans format to 80% complete for submittal to the City for review and comment. The submittal will include: • Plans • Specifications • Estimate • Bid List • Drainage Analysis • SWPPP • Structural Calculations The plans will be prepared in Caltrans standard format and will include: • Cover sheet • Survey control • Typical cross sections • Plan / profile sheets • Temporary water pollution control sheets • Construction details • Drainage plans • Pavement delineation and signage • Quantities • Irrigation plans (if required) • Planting plans • Structural plans, details and quantities • Cross sections 658615.1 DRAFT 06/4/014:33 PM A-1 Consultant shall facilitate the encroachment permit process with Caltrans. Task 2A.1 will include the preparation of the encroachment permit forms, coordination with the City for required signatures and fees and submittal to Caltrans for a first round of plan review. The submittal to Caltrans will include: • Application form, signed by City staff • Plans (80% complete) • Fee, provided by the City Consultant shall collect the 80% review comments from the City and update the plans accordingly. The Caltrans responses will be incorporated into the 100% Construction Documents. Two meetings are anticipated to coincide with this scope of work. One meeting will be held with City and Caltrans staff. One meeting is reserved as a design update meeting for City staff, just prior to the 80% submittal. TASK 2A.2 - 100% Construction Documents Construction Documents will be further developed to 100% complete for submittal to the City for a final review before signatures and approval. The submittal will include: • Plans • Specifications • Estimate • Bid List • Drainage Analysis (Final) • SWPPP (Final, for City signatures) • Structural Calculations (Final) Once received, Caltrans comments on the encroachment permit submittal will be reviewed and addressed. Any necessary revisions to the plans will be completed prior to the 100% submittal to the City. Should the Caltrans review result in additional plan elements outside of those anticipated through the front-end coordination with Caltrans staff, additional authorization may be required to incorporate those elements. A draft Right of Way Certification shall be prepared for the City's submittal to Caltrans. Consultant shall collect the 100% review comments from the City and update the plans accordingly. Two meetings are anticipated to coincide with this scope of work. One meeting to be held with City staff to review the comments received from Caltrans and coordinate design and project documentation efforts through the 100% design process. The second meeting is reserved for a coordination meeting with all reviewing Caltrans Departments. During this meeting with Caltrans, the City would have the opportunity to review and discuss and submit to Caltrans, the various submittal documents for the CTC funding process (CON Package). 658615.1 DRAFT 06/4/014:33 PM A-2 TASK 2A.3 - FINAL (Signed) Construction Documents Construction Plans will be packaged for a second (and final) submittal to Caltrans for the encroachment permit. Consultant shall facilitate the submittal to Caltrans on the City's behalf. Upon receipt of Caltrans comments, project documents will be finalized and packaged for the "E76" or Federal Request for Authorization documents. The City will handle the submittal to Caltrans. The Consultant shall provide to the City: • Plans • Specifications • Estimate • Final Right of Way Certification • PS&E Checklist • PS&E Certification All Construction Documents will be finalized and signed for submittal to the City for compilation of the bid documents. The submittal will include: • Plans • Specifications • Estimate • Bid List • Executed SWPPP • RE Binder The RE Binder will provide a resource of back-up design and constraint documents for the Resident Engineer and City staff during construction. In addition to the construction documents listed above, binder will also include, as applicable: • Quantity calculations for earthwork • Quantity calculations for each bid item exceeding 5% of construction costs • Construction staking notes • Copies of easement or right of way agreements • Copies of relevant permits • Design engineer's notes to RE Two meetings are anticipated to coincide with this scope of work. One meeting will be held with City staff to review the final plans prior to resubmittal of the encroachment permit to Caltrans. The second meeting is reserved for a coordination meeting with all reviewing Caltrans Departments after the final encroachment permit review is complete. During this meeting with Caltrans, the City would have the opportunity to review, discuss and submit to Caltrans, the various submittal documents required for the Federal Request for Authorization (E76). 658615.1 DRAFT 06/4/014:33 PM A-3 TASK 213 - Bid Support Services Bidding support services are also included in Task 2, and will involve the following: • Pre-bid coordination with City staff • Attendance at the job walk • Responding to questions during bidding All materials prepared by the Consultant under contract are upon creation and shall be at all times the exclusive property of the City, and the Consultant shall have no property right there in 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 PDR and Word 2010 format and the cost estimate shall be provided in Microsoft Excel format and pdf. 658615.1 DRAFT 06/4/014:33 PM A-4 EXHIBIT B Compensation and Method of Payment TOTAL COST OF CONTRACT NOT TO EXCEED $84,807.00 WITHOUT PRIOR WRITTEN AUTHORIZATION Services will be conducted on a fixed fee basis not to exceed the contractual amount of $84,807.00. All reimbursable allowances are included in the total contract amount of $84,807.00. 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 $84,807.00 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. North Coast Engineering, Inc. LA t Az. Christy G ler, Vice President ty 658615.1 DRAFT 06/4/014:33 PM B-1 EXHIBIT B Compensation and Method of Payment FEE SCHEDULE January 1,2011 CLASSIFICATION HOURLY RATE O Principal Engineer $174.00 F Principal $162.00 F Principal Surveyor $133.00 1 Senior Civil Engineer $147.00 C Civil Engineer $130.00 E Registered Land Surveyor $110.00 Project Engineer $118.00 Assistant Engineer $ 99.00 Senior Engineering Technician $ 87.00 Engineering Technician $ 68.00 Engineering Intern $ 55.00 Secretarial/Clerical $ 50.00 F Construction Inspector $100.00 1 Construction Inspector—Prevailing Wage $110.00 E Resident Engineer $110.00 L Resident Engineer—Prevailing Wage $121.00 D Two-Man Survey Crew $175.00 Two-Man Survey Crew—Prevailing Wage $225.00 One Man GPS/Robotic Crew $175.00 One Man GPS/Robotic Crew—Prevailing Wage $200.00 Two-Man GPS Crew $210.00 Two-Man GPS Crew—Prevailing Wage $260.00 658615.1 DRAFT 06/4/014:33 PM B-2 EXHIBIT C Items Provided by City The City will maintain overall project management responsibilities, coordinating with the environmental consultants and project arborist. City staff will also compile all documents and submittals required for the CEQA, NEPA, CTC Funding process and RFA E76. Consultant's Scope of Work exclusions include: • Prepare Specifications "front end," to be added to technical specifications prepared by the design team • Environmental Reports • Native tree evaluation and mitigation requirements • CEQA processing • Provide all documents to Caltrans necessary for NEPA processing • Funding process coordination with Caltrans staff • Coordination with adjacent landowner(s) 658615.1 DRAFT 06/4/01 4:33 PM C'-1 EXHIBIT D Location Schedule v z 4 The Highway 41 Multi-Purpose Class I Path Project is located between Santa Rosa Road and Portola adjacent to State Route 41, also known as Morro Road in Atascadero, California. 658615.1 DRAFT 06/4/01 4:33 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 form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles 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; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 658615.1 DRAFT 06/4/014-33 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 ANII. Additional Insured. The City of Atascadero will to be added to the policy as Additional Insured by endorsement, adding the City's name to the Certificate of Insurance is not sufficient and will not be accepted. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. 658615.1 DRAFT 06/4/014:33 PM E-2 Wd EE:V l0/b/90 JAV-HQ l'SI98S9 ---_ —_——--.._----...—_-- — — 1.5 4 i I ---------------- ------------------------ ---- #$; ---------------,...--- - -------------_..--_9 4 a 3 tl k S a i 0-------------------- --# -"Hill t 6, as 6x a E #j vil I #�a [I R Ell # t elnpoLloS =1 1181HX3 HIGHWAY 41 MUL TASK 2 _ ID 'Task Name Stall Finish Jan 14 Feb 14 Mar 14 _ _ Apr'14 _ May'14 � m ...._. ._..__ ___.__. _...._... __.__.. ......_...__..W._.. _ __.. ., D 1 Supplemental Proposal -Tue 1/7114 Fn 1110114; Su lemental Prop sal 78 23 2 9 18 23 30 6 13 227 CX­ __„ 29 5 � 12 19 ,, 0 P� PP 2.....Award Supplemental Contract or CO Mon 1/13/14 Mon 1/13/14 ilt Award Supplemental Contract or CO ,-0 XI 3 Allocation Request(CTC Funding Process) Fri 1110114 Wed 6125/14; _._.. CEQA o ` 4 CEQA ...Fri 1110114 fn 3128/14: .. 5 Clty of Atas submit draft CEQA to CaRrans Fri 1/10/14 Fri 1/10/14: 1/10 - L' m n 6 Caltrans Review of CEQAMon 1/13/14 Fn 2/21/14; -- -- _-- - m ! ..„..,. 7 ! Update CEOA Mon 2/24/14 Fri 3/7/14 s w 8 Final Caflrans CEQA Review Mon 3/10/14 Fn 3/21/14; - -- 9 City of Ales to Finalize and Sign CEQA Mon 3/24/14 Fn 3/28/14 . o. 10 NEPA b Caltrans - -- -- - -- -- (Y ) Mon 1113174 Fn 3/28/14, 11 Prepare CON Package Fri 1110114 -Wed 419/14: ..:..._._ _____ NEPA(y c 12__J Approved CEQA Document Fri 1/10/74 Fri 3!28114: ..13........ Approved NEPA Document Fri 1/10174 Fri 3/28!14; :D v c 14 Exhibit 23-0 oflhe LAPG-Signed federal Finance Letter Wed 3/26/14 Wed 419/14: 0 15--i Exhibit 23-N of the LAPG-Funding Allocation Checklist on Age. Wed 3/26/14 Wed 419/14: n 16 Exhibit 23-0 of the LAPG-Request for Funding Allocation Wed 3/26/14 Wed 4/9114; 17 ! A copy of the signed TE application Wed 3/26/14 Wed 4/9/141 I 18 Project Program Request(provided by the STIP Coordinator CI Wed 3/26/14 Wed 4/9/14; 19 Latest CTIPS Report(provided by the STIP Coordinator-Chns f Wed 3/26114 Wed 419/14. v; ,20 Submit Package to Chris Engelmann Thu 4/10/14 Thu 4/10114' Submit Pr' 21 CTC Meeting Wed 6/25/14 Wed 6/25114; a 22 -'Federal Request for Authorization(RFA)for Federal Const.(E76) Tue 4/15/14 Wed 7130114: Federal Request for Authori' i..... .. Prepare Draft R/W Certification '. Tue 4/15/14 Tue 4/29/14: 24 Transmit Draft R/W Certification Tue 4/29114 Tue 4!29/14: v ................ 25 Prepare RFA Package Thu 511114 Mon 6130/14: ! -+ v; 26 Request for Authorization to Proceed with Construction(Exhibit Thu 5/1/14 Mon 6/30/141 P7 i Programming Documentation(Copy of FHW A approval and pr Thu 5/1/14 Mon 6/30/14; 28 PSBE Checklist(Exhibit 12-C) Thu 511/14 Mon 6/30/14: al 29 PSBE Certification(Exhibit 12-0) Thu 5/1/14 Mon 6/30/14; 30 Copy of Plans(11 x 17)and Specifications Thu 5/1/14 Mon 6/30/14: 31 Approved NEPA-Environmental Certification Thu 5/1/14 Mon 6/30/141 32 Right of Way Certification(need at least one month prior to sub Thu 5/1/14 Mon 6/30/14; - ^'--- mO 33 Engineers Estimate Thu 5/1/14 Mon 6/30/14: _IA 34 Local Agency Construction Contract Administration Checklist(E Thu 5/1/14 Mon 6/30/14. 35 Local Agency Finance Letter(Exhibit 3-0) Thu 5/1114 Mon 6/30/14' 36 Request for Authorization to Proceed Data Sheets(Exhibit 3-E). Thu 5/1/14 Mon 6/30/14; 37 Field Review Form(Exhibit 7-8) Thu 5/1/14 Mon 6/30/14; 38 Submit Package to Tammy Mar Mon 6/30114 Mon 6/30/14; N. - 39 HQ/FHWA Review/Approval Tue 7/1/14 Mon 7/28/141 40 E76 for CON/CE Approved(Authorization to Bid) Wad 7/30/14 Wed 7/30114; 41 ;Caltrans Encroachment Permit Process Tue 2125/14 Fri 8/29/14, v. m: 42 Caltrans 80%Review Tue 2/25/74 Tue 3/25/146'- 43 Meeting#6(Caltrans--All Depts) Tue 4/1/14 Tue 4111” Iro.< 44- Caltrans Final Submittal Tue 5/27/14 Tue 519' 45-- Final Caftrans Review Wed 5/28/14 Fri' 46- Meeting#8(Caflrans--All Depts) Wed 7/2/14 v 47 FINAL Submittal(signed) Tue 7/8/14_ 48 - Award Encroachment Permit Fri 8/29/10- m 49 Task 2A-Con Docs Mon 1117' _.: 50 2A.1-80%Co.Doc Development Mon V ro, 51 Plans Mo52 ' w10 53 Meeting 113(w/Caltrans-Permits) n 54 Estimate 55 Bid List 56 Drainage Analysis 57 Encroachment Permit Prep a _... 58 :' Meeting#4 59 ; 80%Submittal 60 City Review fit Caltrans Review 62_1 2A.2-100%Con Doc Development mfi_ 63 ! -Plans 64 Meeting#5 65 Meeting#6(Caflrans--AII De' .__Ss...... QA/QC 67 Specifications 68 Estimate ._ .............. 69 Bid List iOJI ......70...... 100%Submit .....7�....... City Review 72 2A.3-FINAI _. 73 Plan 74 S. 76 1 79..