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Home My WebLink About2000-001 Cannon Associates ECR Gravity � r Contract No. EL CAMINO REAL GRAVITY SEWER MAIN EXTENSION CONSULTANT (INSPECTION) SERVICES AGREEMENT AMENDMENT NO. 1 This amendment is made upon the date of execution, as set forth below, by and between Cannon Associates, hereinafter referred to as "Consultant", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City". The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to amend the design, services contract as follows: 1.00 GENERAL PROVISIONS 1.01 TERM: The original agreement shall continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONSULTANT: Consultant agrees to amend the original contract by the addition of the following Engineering Services: 1. Extend Project Inspection Services to project completion. 2. Provide General Construction Engineering Support Services as requested. 3. Prepare and submit project Record Drawings using available as-built information and project revision documentation provided by the construction contractor and the project inspector. The record drawings will be provided on permanent drawing medium (mylar film). 1.03 COMPENSATION: In consideration for the additional services to be performed by Consultant, City agrees to pay Consultant: 1. Total compensation to provide additional construction inspection services to project completion shall be $17,000.00. 2. Total compensation to provide general construction engineering support services upon request by the City shall be $5510.00. 3. Total compensation to prepare and submit for City use project Record Drawings (approximately 15 sheets on mylar flim) shall be $3,900.00. 4. Total consultant services provided under this contract amendment are not to exceed $27,000.00. Amendment No. 1 -Consultant Services Agreement Cannon Associates Page 1 of 2 s ro"W 4.00 TERMINATION OF AGREEMENT 4.04 TERMINATION: The termination date of the original agreement shall be extended to October 1, 2003. Date: 'CJS r JL C7�L%G . In Witness whereof, the parties to these present hereunto set their hands on the date first above written. City of Atascadero Consultant: i B By_Cannon Associates J rry Cl y Sr., "yor/ Attest: r�) ah wko— Marcia M. Torgerson, City erk (Name) Approved as to form: i�[G'--i3lz ' — Roy . Hanley, City r rney (Title) App ed,a tent: `r C Steven B. Kahn, City Engineer Amendment No. 1 -Consultant Services Agreement Cannon Associates Page 2 of 2 CITY OF ATASCADERO COMMUNITY SERVICES DEPARTMENT j iris 1979 6500 PALMA AVENUE,ATASCADERO,CA 93422 _ Telephone:(805)461.5020 * Fax:(805)461-7615 MEMORANDUM April 6, 2000 TO: Marcia M. Torgerson, City Clerk FROM: John B. Neil, Assistant City Engineer SUBJECT: EI Camino Real Gravity Sewer Main Extension Attached is a copy of the current Professional Liability Certificate of Insurance for Cannon Associates. The one previously forwarded to you expired on March 3, 2000. fs for the referenced project. I:\00102\1Documenfforgerson 04M.wpd CITY OF ATASCADERO COMMUNITY SERVICES DEPARTMENT ■n n,�i 6500 PALMA AVENUE,ATASCADERO,CA 93422 Telephone:(805)461-5020 " Fax:(805)461-7615 t9is n tsie NOTICE OF AWARD DATE: March 6, 2000 TO: Cannon Associates 365 Pacific Street San Luis Obispo, CA 93401 PROJECT: EI Camino Real Gravity Sewer Main Extension You are notified that you have awarded the Consultant Services Agreement for design of the subject project. Completely executed copies of the CSA have been returned to you under separate cover. The terms of the CSA require that you furnish Certificates of Insurance for coverages stated in the agreement: within 10 days of the date of this Notice of Award; that is, by March 16, 2000. The certificate for the Auto and Public Liability Insurance must include the endorsements set out in the CSA. Within ten working days after you provide certificates for the required insurance coverages, the City will issue the Notice to Proceed. CITY S ERO A3Y: ATTEST: s J Ray J(hn-son, ayor Marcia M. Torgerson, CoClerk I:\Notice of Award Cannon.wpd Client : 5209 CANNOASSO A COR CERTIFICA r"'E OF LIABILITY INST"IANCE704/04/00DATE PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 600 S Lake Ave Suite 308 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Pasadena, CA 91106 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 626-844-3070 INSURERS AFFORDING COVERAGE INSURED Cannon Associates INSURERA: Design Professional Insurance Co. - -- ---- 364 Pacific Street INSURER B: ------ — ----- --- INSURER C: San Luis Obispo, CA 93401 -- - INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FO LILY PERIOD INDICATED ITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC TO HICH THIS CERTIFICATE MAY E ISSUED O MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE Y NDI IONS OF SUC POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXP -- - LTR DATE /DD DATE /DD GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIAB ILITY I !`FIRE DAMAGE(Any one fire) $ CLAIMS MADE OCCUR MED EXP(Any one person) is -_- --- PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S '— -- PRO-EC �- �- ----- ---._--- -r---- i POLICY JT LOC - - _----- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) - $ - -- - ALL OWNED AUTOS BODILY INJURY is �y SCHEDULED AUTOS I(Per person) --- -- - HIRED AUTOSi BODILY INJURY -- -- NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ --,. ANY AUTO '',.OTHER THAN EA ACC $---------_,------- AUTO ONLY: AGG $ EXCESS LIABILITY ! EACH OCCURRENCE $ _ OCCUR - ! CLAIMS MADE AGGREGATE -I$ DEDUCTIBLE $ --- RETENTION $ � $ WORKERS COMPENSATION AND : ORY LIMITS �OTH- ER EMPLOYERS'LIABILITY .-._---------- EI L.EACH ACCIDENT Is _ _-- '_E.L.DISEA_SE_-EA_EMPLOYE_E'T$ -_- - E.L.DISEASE -POLICY LIMIT $ A I OTHER Prof essional 'AEE0300788 03/05/001103/05/01! 'I $1, 000 , 000 per claim Liability $1, 000, 000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS _ Re : E1 Camino Real Gravity Sewer Main Extension, Job Na 01 ,2 � ��= �i App - i 2000 ; CERTIFICATE HOLDER ADDnmNALnvSUREDONSURERIETIER: CANCELLATION t SL:I. .t�I{;(S SHOULD ANYOFTHE ABOVE DESC H-BEFORE`IHE EXPRAIM City of At a s c ade ro DATE THEREOF,THE ISSUING INSURER WELLENDEAVOR TOMAIL3_Q__DAYS WRITTEN Attn: John B. Neil , Asst . City Engineer NOTICE TOTHECERTIFICATE HOLDERNAMEDTOME LEFT,BUTFAILuRETODOSOSHALL Community Services Dept . IMPOSE NO OBLIGATION OR LIABILITY OFANYKINDUPON THE INSURER,ITSAGENTS OR 6500 Palma Avenue REPRESENTATIVES. At a s c ade ro, CA 93422 AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97) 1 of 1 #M34253 JLS O ACORD CORPORATION 1988 CITY OF ATASCADERO COMMUNITY SERVICES DEPARTMENT 1»e 7 6500 PALMA AVENUE,ATASCADERO,CA 93422 Iola Telephone:(805)461-5020 " Fax:(805)461-7615 MEMORANDUM March 17, 2000 TO: Marcia M. Torgerson, City Clerk FROM: John B. Neil, Assistant City Engineer SUBJECT: EI Camino Real Gravity Sewer Main Extension Attached, for your file, are copies of the Notice to Proceed sent to the Cannon Associates, and their approved Certificates of Insurance. I:\00102\1Documenfforgerson 02M.wpd `rry CITY OF ATASCADERO • COMMUNITY SERVICES DEPARTMENT 1918' 1979 6500 PALMA AVENUE,ATASCADERO,CA 93422 Telephone:(805)461-5020 " Fax:(805)461-7615 NOTICE TO PROCEED DATE: March 17, 2000 TO: Cannon Associates 364 Pacific Street San Luis Obispo, CA 93401 PROJECT TITLE: EI Camino Real Gravity Sewer Main Extension Project You are notified that the Contract Time under the above contract will commence to run on March 20, 2000. By that date, you are to start performing your obligations under the Contract Documents. In accordance with the Agreement, the Date of Completion is May 19, 2000. Steven J. Syl ter, C t Engineer I:\00102\Document\Notice to Proceed Cannon.wpd MAR-16-00 THU 04:36 PM DEALEY RENTON & ASSOC FAX NO. 626 844 3074 P. 02/02 :.Lie �au� c:A�1. Sso rA�.. CERTIFIC i'E OF LIABILITY INSUhkNCE 03/16 00 PRODUCER THIS CERTIFICATE iS ISSM AS A MATTER OF DWOXNSATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGMS UPON THE CERTIFICATE 600 S. Lake Avenue, Suite 308 HOLDER. TWS CERTMCATE DOES NOT AMEND, MMOR ALM THE CO'VEBAGE AFFORDED BY THE POLICIES BELOW. Pasadena, CA 91106 626 844-3070 INSURM AFBORDING COVRRAGE t<S(Rlfill �- INSURERS: Design Professional Insurance Co. Cannan Associates — AFSURER B: 364 Pacific Street ]N.RURBR c: . San Luis Obispo, CA 93401 ---- ---- DZURSR D: ..... 24SURER S: COVERAGES THF POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDI>�AT$p. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VO TTI RBSPECT •f0 WHICH THIS CERTIFICATE. MAY BE ISSUED 01 MAY PERTAIN, THF. INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEWN IS SUBIBCT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUM POUCICS- AGGREGATE,UNITS SHOWN WAY HAVE BEFN REDUCED BY PAID CLAIMS. T1fPiiOF>NSURANGM POLICYNIIMEF3 C,j.,RYISCfIYfi�a'O[dCYE7f91itA'PLON; LIMAS GMERALLIAMUTY ; EACHOCCURR54CE S COMMERCIALGENERALLL4AR Y i i flR$pAMAGB(Anyaetfi S ............... . __.......... CLAIMSMADE ;OCCUR ' :MED EXP(Arty orePia!)_.. ; . ._. .. PERSONAL do ADV INTIIRY S I G&NERAL AfiGRIJCfATE S GENLAGGREGATELIMITAPPLIEiSPER: .PRODL{(.TS LGMPIOPAOCi S POLICY PRfJ LOC . AVPOMOBILE LIAB=Y .COMBI M MNGLE LIMIT ANY AUTO ALL OWNED AUTOS BODILY WURY $ .S(:HEDULBDAUTOS HIRb'b AUTOS :BODILY INJURY .S NON-OWN M. AUTOS ........._..._..�• .PROPERTY DAMAGE .S Ma�idm4 GARAC£i UB111TY AUTO ONLY•EA ACCIDENT S ANY AUTOOTHER EA A(.x S L NI Y: AG(i S 9LZL;*^' � iEACNOC('URRc"'N(:E S•__—__...,--•--•-- '(=UR •._ aAwMADE 'AGGREGATE $ . UBDUCTIBL£ .. ...ARTENTION S •5 WC STATU- :VTW- WORKM CYh1lMSATION AND ....-_'�.QB.Y.Ad4IQS_............EI(.; ... 1MOLOYERSIMASEUTY A.t-$ACH ACCIDENT S •E.I psr4SE •EAEMPLOYEE:S E G DISSASt •POWCY LNTT:5 A MwAProfessional PL514811 ! 03/05/00 !02/05/01 ; $1, 000, 000 per claim Liability $1, 000, 000 annl aggr. EESCPTMnCN OF OPtiRATIONSMA)CATI C[.LSIE%CLUS C S AMM by IrWORAM M MCIAL PICNISIOM Re: El Camino Real Gravity Sewer Main Extension, Job No_ 00102 CERTIFICATE HOLDER ADD>mHA—L QSVAED; ANCELLA77ON SUCU DANYOFUMADOVBDBSCMZDlOLICESSECAMCEL18Da8P/71t8�ES�Bn'�[R1 City Of Atascadero DATE TMM=TWIS9 f.INSEMn s"n.3.0,_ ays`IUMN At to s Jc kb" B_ Nail, JLmmt- Cit}' EnSrin'"r m'amc==WkTa b"*�'iO Community Services Dept. 6500 Palma Avenue - Atascadero, CA 93422 AUTEKWJZED1a2KZ5 NlATIVE A4'r Ct. Y444*4 .' ACORD25-8(71701 of 1 #532983/M32856 SJB a ACOAD CORPORATION 1988 MAR-16-2000 15:33 P.02 • a^- DATE IMMtbDNV) 03/13/2000 • (805)S49-7430 FAX (M5)549-7044 WS CERTIFICATE IS DASA TIER OF INFORMATION eat-Truesdai a Insurance Inc ONLY AND CONFERS No RXMTS UPON THE CERTIFICATE HOLDER.TENS CERTFICATE DOES NOT AMEND,EXTEND OR License # 0368744 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1400 Madonna Road COMPANIES AFFORDING COVERAGE San Luis Obispo, CA 93403-6433 .................................. en 1...,,....,.. ._.. COMPANY E:ag1e 'insurance Corporation Attn: Ext A ................................................................................................................................................:...........................,F...,.....................................................Compensation INSURED COMPANY remoraInsurance Co. Cannon Associates 8 364 Pacific Street ......................._.........,...,...,.........................................,..,.,..................................11,..1.1................. San Luis Obispo, CA 93401 COMPANY C .............................................................................................................................. COMPANY D THIS IS TO CHRTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD woIGATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSLRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LINTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAW. GO TYPE OR INSURANCE POLICY NUMBER ? POLICY EFFECTIVE POLICY @XPIRATION i LIMITS LTR DAT@(MMIOMY) i DATE(MMIDONY) .GENERAL L1ABLI TY 4ENERAL AGGREGATE....... 5.........2,000,QQQ COMMrRCIAL GENERAL LIABILITY ...................... .. PRODUCTS•1111.MPIOPACa<3 $.. . �,.,...................0 CLAIMS MADE X i OCCUR: :PERSONAL E ADV INJURY .•••5 .. 2,000.000,QQO,OQ A . CCP638680-00 ` 10/02/199910/02/2000 : �. OWNER'S&CONTRACTTSR S PROT; EACH OCCURRENCE ..............t...... f 000 .,.UOO -• >.............................................b... Per Project Agg ; FIRe CAMACiE(Any one fir100.:.000 e) S ............................... .............................. .... .... MED EXP(Any one Peen) !s 5 000 AUTOM08KALIAMITY COMBINED SINGLE LIMB =S X ANY AUTO ; 1,000,OQQ ALLOWNm AUTOS ? ...........................—.........1 ......11.11.. SOC S1CI IEDULEO AUTOS LY NJURY A > - ?CCP638680-00 10/02/1999 : 10/02/2000 .......................................... ............. ..............•-. FARED AUTOS ?.s SCCILY INJURY 6 NON.OWNED ALI IOS ....................1111.-........................................................... ........................... PROPERTY DAMAGE S GARAGELLABIUTY AUTO ONLY-EAACCtOEMT ?S ANY AUTO i OTHER THAN AUTO ONLY; 4 u 3........................................... EACH ACCIDENT?S .................-.. _. i ......................................... . ........,...... ............., AGGREGATE:S i EXCESS I.IA61UTY :EACH OCCURRENCE„ s f..........5,OOQ OQO ................. .. 0 .1. A i UMBRELLA FORM UMB638681-00 10/02/1999 ; 10/02/2000 ;AGGRMATE S 5,000 000 ....................... ........ . .............�........ X MER THAI UMBRELLA POW i S WORKERS COMPUNATION AND X TG Y•(INATS,` ER , EMPLOYERS UABILrrY ........ ^• `ter EL EACH ACGIOM11T `s ..1.+.000,.oa 0 B WN99-76524902 09/01/1999 09/01/2000 €.......... ; THE PROPRIETOR! : INCL EL DISEASE-POLICY LIMIT is 1 PARTNER5IEXECUIIVE ; ........•...................................t............. ...�000 OQ0 T. OFRCGM ARE - X i EYZL' i EL DISEASE-EA EMKOYt°E i 5 1,000,000 P�mary Wording GECG827A (11-97) A CCP638680-00 : 10/02/1999 10/02/2000 ; L i LertificatetMOT r is named as A d t onal Insured per GECG601 10/98 pects: Job No 00102 Design, El Camino Real Gravity Sewer Main Ext. Notice of Cancellation for Nonpayment of Premium- 10 Day Notice of Cancellation for w/Camp a 5 SHOULD ANY OF THE ABOVE 0E5OR18>i37 POLICIES BE C NCE]!ED BEFORE THE EXPIRATION WE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Atascadero 30 DAYS WRITTEN NOTME TO THE CEMWICATE HOLDER NAMED TO THE LEFT, Attn: Steven J. Sylvester, City Engineer BUT FAILURE TO MAIL$VCH HMO$HALL IMPOSE No OBLIGATION OR LIABILITY 6500 Palma Avenue OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Atascadero, CA 93422 AUTHORIZEDREPROMITATNE �• �.r O Jack Neal D922 LA ��•'� MAR-17-2000 1033 P.02 GOLDEN EAGLE INSURANCE CORPORATION P. O. Box 85826 -San Diego, CA 92186.5826 ADDITIONAL INSURED—OWNERS, LESSEES OR POLICY NUMBER: CONTRACTORS (FORM 6) CCP638680-00 Cannan Associates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIUTY COVERAGE PART. WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work" for that insured by or for you. The coverage afforded the additional insured does not apply to any project on which "your work" was completed prior to the effective date of this endorsement. SCHEDULE City of Atascadero, its officers,employees,and agents As Respects: 6500 Palma Avenue Atascadero,Ca 93422 As respects:Job No.00102 Design,EI Camino Real Gravity Sewer Main Extension CG 20 10 0 1-85)Modified GECG 801 (10-98) MAR-17-2000 10:33 P.03 . 'err► `�' GOLDEN EAGLE INSURANCE CORPORATION P. 0. Box 85826—Sari Diego, CA 92186-5826 PRIMARY INSURANCE ENDORSEMENT Policy# CCP638680-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modified insurance provided under the following: COMMERCIAL GENERAL.LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Endorsement No. Of issued after the effective date): Endorsement Effective: 10-02-1999 (At 12:01 am.SWNar+d T"mre) Named insured: Cannon Associates The insurance provided by this policy for the benefit of the Additional Insured shown in the Schedule shall be primary insurance as specifically described in: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 Section IV Commercial General Liability Conditions, 4. Other Insurance a. Primary Insurance SCHEDULE Name of Person or Organization: City of Atascadero, its officers, employees, and agents 6500 Palma Avenue,Atascadero, Ca 93422 As respects:Job No 00102 Design, EI Camino Real Gravity Sewer Main Extension GE CG 827A(11-97) MAR-17-2000 10:33 P•04 GOLDEN EAGLE INSURANCE CORPORATION POUCY NUMEEA: CCP638680-00 NAMED INSURED- Cannon Associates EFFECTIVE DATE: 10-02-99 Business Automobile ADDITIONAL INSURED (PERSON OR ORGANIZATION) EACH PERSON OR ORGANIZATION SHOWN BELOW IS AN INSURED FOR LIABILITY INSURANCE. BUT ONLY TO THE EX-re4T, HE, SHE OR IT QUALIFIES AS AN INSURED UNDER THE -WHO IS INSURED' PROVISION FOR PART IV- LIABILITY INSURANCE OF THE POLICY. ADDITIONAL INSURED: City of Atascadero, its officers, employees, and agents 6500 Palma Avenue Atascadero, Ca 93422 As respects: Job. No. 00102 Design, E1 Camino Real Gravity Sewer Main Extension GE CA812(7!88) MAR-17-2000 10:33 P•05 CITY OF ATASCApFRO CONTRACT#-CL� 4 i° CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO EL CAMINO REAL GRAVITY SEWER MAIN EXTENSION THIS AGREEMENT is hereby entered into by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and Cannon Associates, hereinafter referred to as "Consultant". Witnesseth that for and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Article 1 -Authorization A. Consultant will perform the services under this Agreement upon receipt of the Notice to Proceed issued by the City Engineer. B. The following exhibits are attached hereto, and incorporated herein, by reference as though here fully set forth. 1. Exhibit A - Proposal 2. Exhibit B - Fee Schedule Article 2 - Responsibilities of Consultant A. Consultant will provide professional engineering services as necessary to design the EI Camino Real Gravity Sewer Main Extension, all as outlined under Exhibit A. B. In the performance of Consultant's service under this Agreement, Consultant agrees that he will maintain such coordination with City officials as may be requested and desirable, including primary coordination with the City Engineer. C. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services per Exhibit A, commencing with receipt of a written Notice to Proceed signed by the City Engineer. Article 3 - Responsibilities of City The City will cooperate with Consultant on all phases of the services covered by this Agreement and will make available to him, as his needs indicate, all existing maps, topographic maps, aerial photographs, soils reports, and other similar data in possession of City covering the sites selected. CITY OF ATASCADERO CONSULTING SERVICES AGREEMENT Page 1 of 6 Pages Article 4 - Fee and Provision for Payment A. City will pay Consultant a not to exceed fee of Nineteen Thousand Eight Hundred Dollars and No Cents ($19,800.00) for the services contracted under this Agreement. This not to exceed fee shall include all expenses including any customarily identified as "reimbursable expenses". B. Consultant shall submit monthly progress reports to City indicating the state-of-completion of each task specified in Exhibit A. C. Consultant will be paid no later than thirty (30) days following approval of the Consultant's progress report and invoice. Any additional applicable hourly rate billings as authorized in Article 5 shall be based on the Fee Schedule incorporated into this Agreement in Exhibit B. Article 5 - Payment for Extra Services or Changes i Any claim for payment for extra services or changes in the services will be paid by City only upon certification by the City Engineer that the claimed extra service or change was authorized in advance by the City Engineer and the Community Services Director, and that the service has been satisfactorily completed. Invoices for extra services which are approved by the City Engineer and the Community Services Director must be submitted by Consultant within thirty (30) days of completion of such services and must be accompanied by a statement of itemized costs covering said services. Article 6 - Suspension or Termination of Agreement A. If Consultant fails to comply with the conditions of the Agreement, City may, by written notice of the City Engineer and the Community Services Director, suspend the Agreement and withhold further payments pending corrective action by Consultant or a decision to terminate the Agreement. After receipt of notice of suspension, Consultant may not incur additional obligations of Agreement funds during the suspension unless specifically authorized by the City Engineer and the Community Services Director. B. Either party hereto shall have the right to terminate this Agreement upon giving ten (10) days written notice of such termination of this project in its entirety, notwithstanding any other fee provisions of this Agreement, based upon services accomplished by Consultant prior to notice of such termination. Consultant shall be entitled to the reasonable value of his services involved in the termination, as determined by City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. Article 7 - Time of Completion Consultant agrees to diligently pursue the services under this Agreement and to complete the services as described in Exhibit A within SIXTY (60) CALENDAR DAYS from receipt of the written Notice to Proceed signed by the City Engineer. Consultant shall not be CITY OF ATASCADERO CONSULTING SERVICES AGREEMENT Page 2 of 6 Pages • r s: responsible for any delay which is caused by City review, action or inaction of City and/or any state or federal agency, or acts of God, but shall be responsible for his own fault or negligence or that of any of his subcontractors. Article 8 - Conflicts of Interest No member, officer, or employee of City, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Article 9 - Ownership of Data The ownership of all data collected for use by Consultant under this Agreement, together with working papers, drawings, and other materials necessary for a complete understanding of the plans and necessary for the practical use of the plans shall be vested in City. Ownership of original drawings and documents shall be vested in City. Consultant may retain a copy of all work for his own use. " Article 10 - Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. Article 11 - Contract Personnel The services to be done pursuant to this Agreement shall be done by Cannon Associates and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The City official who shall be vested with the right of approval of such additional personnel or outside contracting parties shall be the City Manager. City reserves the right to reject any of Consultant's personnel or proposed outside consultants, and City reserves the right to request that acceptable replacement personnel be assigned to the project. Article 12 - Indemnity Clause Consultant shall defend, indemnify, and save harmless the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, and liabilities arising out of this Agreement or occasioned by the negligent performance or attempted negligent performance of the provisions hereof, including, but not limited to, any negligent act or omission to act on the part of Consultant or his agents or employees or CITY OF ATASCADERO CONSULTING SERVICES AGREEMENT Page 3 of 6 Pages r independent contractors directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of City or City's agents, servants, or independent contractors who are directly responsible to City. This indemnification provision shall apply even if there is concurrent or joint negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties. Article 13 - Insurance A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own expense, prior to commencement of the work of this Agreement, professional liability (errors and omissions) insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less than one million dollars ($1,000,000) to cover all professional services rendered pursuant to this Agreement. Such insurance shall be kept in force for one (1) year beyond the date of Notice of Completion of the project as accepted by the City Council. B. Automobile and Public Liability Insurance. Consultant shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall be not less than the following: 1 . Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination thereof in an amount not less than One Million Dollars ($1,000,000). The following endorsements must be attached to the policy or policies: 1 . If the insurance policy covers on an "accident" basis, it must be changed to "occurrence". 2. The policy must cover personal injury as well as bodily injury. 3. Broad form property damage liability must be afforded. 4. The City of Atascadero, its officers, employees, and agents, shall be named as insured under the policy, and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by City will be called upon to contribute to a loss hereunder. 5. The policy shall contain contractual liability, either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. 6. The policy shall contain "cross-liability" such that each insured is covered as if separate policies had been issued to each insured. 7. City shall be given thirty (30) days notice prior to cancellation or reduction in coverage of the insurance. B. Workers Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for workers CITY OF ATASCADERO CONSULTING SERVICES AGREEMENT Page 4 of 6 Pages X' compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any services under this Agreement. C. Certificates of Insurance. Consultant shall submit to the City Engineer all certificates of insurance evidencing that Consultant has the insurance required by this Agreement within ten (00) days after receipt of Notice of Award. Said certificates shall state the project number and that the policy shall not be assigned, cancelled, or reduced in coverage without thirty (30) days written notice to City, and that such insurance not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from any service or operation performed pursuant to this Agreement. Consultant shall not perform any services under this Agreement until the required insurance certificates have been submitted to City and approved by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right, at its discretion, to forthwith terminate this Agreement. Article 14 - Status Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of his personnel or subcontractors be construed to be employees of City. Article 15 - Non-Discrimination Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of September 24, 1965, and all other orders, regulations, and laws governing non- discrimination in employment, including in particular, Section 122(a) of the State and Local Fiscal Assistance Act of 1972. Article 16 - Modification of Agreement This Agreement may be further modified only by a written amendment signed by both parties hereto. Article 17 - Law Governing This Agreement shall be governed by the laws of the State of California. Article 18 - Communications Communications between the parties to this Agreement may be sent to the following address: City: CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attn: Steven J. Sylvester, City Engineer CITY OF ATASCADERO CONSULTING SERVICES AGREEMENT Page 5 of 6 Pages • Consultant: Cannon Associates 364 Pacific Street San Luis Obispo, CA 93401 ACCEPTED AND AGREED this the�iW ay of , 2000. CITY: CONSULTANT: CITY OF ATASCADERO, CANNON ASSOCIATES a municipal i n By: By: -k�-� ►�E�v �'� Ray Johnso ayor (Pr Na (Signature) ATTEST: Marcia M. Torgerson, City C rk APPROVED AS TO FORM: L�d- �"/ Roy Hanley, City Attorn y APPROVED AS TO CONTENT: Steven J. Sylve , CitQE gineer CITY OF ATASCADERO CONSULTING SERVICES AGREEMENT Page 6 of 6 Pages EXHIBIT A MICHAEL F. CANNON, PE ANDREW G. MERRIAM, AIA, AICP DANIELS. HUTCHINSON, LS jamon A S S O C I A T E S October 7, 1999 ENGINEERS PLANNERS Mark Markwort City of Atascadero SURVEYORS 6500 Palma Avenue Atascadero, CA 93422 Project: El Camino Real Sewer Main i Atascadero Dear Mark: Thank you for the opportunity to assist you with this project. Cannon Associates will provide the following services for this project. Scope of Work: SANITARY SEWER MAIN EXTENSION We will prepare plans and specifications for a gravity sewer main extension. The proposed sewer main will be extended along El Camino Real from the liftstation near the intersection of E1 Camino Real and Del Rio Road to the proposed liftstation north of the intersection of El Camino Real and Santa Cruz Road. The plans will conform to the requirements of the City of Atascadero Engineering Department. Services related to the design of pump stations or other major facilities required by the City of Atascadero other than described above, will be outside the scope of services of this agreement. CONSTRUCTION OBSERVATION We will provide construction observation services for this project. These services 364 PACIFIC STREET will include the following: SAN LUIS OBISPO, CA 93401 Review Requests for Information (R.F.I.'s) during the bidding process and during construction. 805 544-7407 PROVIDING SERVICE SINCE 1976 FAx 805 544-3863 000'060 r- Mannon ASSOCIATES j El Camino Real Sewer Main Proposal October 7, 1999 Page 2 • Review construction detail and material submittals from contractors as requested by the City of Atascadero. • Two site visits to observe the construction of improvements. • Prepare record drawings based on the marked-up plans provided by the contractor. Estimated Fees: M Fees are based on the hourly rates per the enclosed fee schedule and do not include City or County checking and recording fees, or title company fees. Project meetings will be billed on a time and materials basis. Total Estimated Fees: $19,800.00 A es, P.E. anager 990942/Proposal SJS/tg 000061 EXHIBIT B larmon ASSOCIATES FEESCHEDULE February 1999 Civil Engineering Department Rate/Hour Principal Civil Engineer $ 95.00 Associate Civil Engineer 75.00 Civil Engineering Technician III 55.00 Construction Observation 60.00—90.00 b Clerical II 40.00 Clerical Assistant 25.00 000072