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HomeMy WebLinkAbout1997-038 Cannon Associates Buena Ave. Storm Drain I I City of Atascadero Contract #97038 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, made this / 7d-ay of �y7J-Jn4Lte', 1997, by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and Cannon Associates, hereinafter referred to as "Consultant". Witnesseth For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Article 1 Authorization A. Consultant will perform this Agreement in conjunction with the Purchase Order issued by the Department of Public Works. B. The following exhibits are attached hereto and incorporated herein by reference as though here fully set forth. Exhibit "A" Request for Proposal, Exhibit "B" Proposal, Exhibit"C" Fee Schedule Article 2 Responsibilities of Consultant A. Scone. Consultant will provide the following services as described herein and under Exhibit "A" and Exhibit"B for the City project hereinafter described: BUENA AVENUE STORM DRAIN PHASE II B. Coordination. 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 Project Coordinator, herein designated as the City Engineer. and also with the following city officials: C. Consultant's Services. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services itemized in Exhibit"A" and Exhibit "B", commencing with receipt of a written Notice to Proceed signed by the Project Coordinator and by the City Manager. Article 3 Responsibilities of City City shall cooperate with Consultant on all phases of the work 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 site as selected. City shall also be responsible for providing such staff production assistance as is specified in Exhibit"A". Article 4 Fee and Provision for Payment City will pay Consultant a not to exceed fee of$6,700.00 as itemized in Exhibit "B", for work contracted in this agreement. Consultant shall bill monthly for work in progress. The payment provisions of Exhibit "B" BUENA AVENUE STORM DRAIN CONSULTANT SERVICES AGREEMENT Page 1 of 5 Pages are not a part of this Agreement. Consultant shall be paid no later than thirty(30)days following receipt by City of Consultant's progress report and invoice. Any additional applicable hourly rate billings as authorized in Article 5 shall be based on the Fee Schedule contained in Exhibit "C". Article 5 Payment for Extra Work or Changes Any claim for payment for extra work or changes in the work will be paid by city only upon certification by the City Manager that the claimed extra work or change was authorized in advance by the Project Coordinator and the City Manager, and that the work has been satisfactorily completed. Claims for such extra work must be submitted by Consultant within thirty(30) days of completion of such work and must be accompanied by a statement of itemized costs covering said work. Article 6 Suspension or Termination of Agreement A. Suspension of Agreement. If Consultant fails to comply with the conditions of the Agreement, City may, by written notice of the Project Coordinator and the City Manager, 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 Project Coordinator and the City Manager. B. Termination for Convenience. 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 work accomplished by Consultant prior to notice of such termination, City shall determine the amount of fee to be paid to Consultant for his services based upon the provision in Exhibit "C", and such findings of City shall be final and conclusive as to the amount of such fee. In the event of termination of any portion of this project, 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 his work under this Agreement and to complete the work as described in Exhibit "A". Consultant shall not be 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. BUENA AVENUE STORM DRAIN CONSULTANT SERVICES AGREEMENT Page 2 of 5 Pages 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 work 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 will indemnify City, its employees, officers, and consultants to the extent of damages or losses caused by the professional negligence of Consultant. City agrees that in no instance shall Consultant be responsible, in total or in part, for the errors or omissions of any other Design Professional, Contractor, Subcontractor or any other party. City also agrees that Consultant shall not be responsible for the means, methods, procedures, performance or safety of the construction contractors or subcontractors or for their errors or omissions. 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 $ 1,000,000 to cover all professional services rendered pursuant to this Agreement. 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: 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 $500,000. 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. BUENA AVENUE STORM DRAIN CONSULTANT SERVICES AGREEMENT Page 3 of 5 Pages (7) City shall be given thirty(30) days notice prior to cancellation or reduction in coverage of the insurance. C. Workers Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for workers compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Agreement. D. Certificates of Insurance. Consultant shall submit to the City Manager 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, canceled, 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 work 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 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 Consultant: CANNON ASSOCIATES 364 Pacific Street San Luis Obispo, CA 93401 BUENA AVENUE STORM DRAIN CONSULTANT SERVICES AGREEMENT Page 4 of 5 Pages err' ACCEPTED AND AGREED this day of , 1997 . CITY: CONSULTANT: CITY OF AT DERO, CANNON ASSOCIATE a munj2ipai corp o ati By By Ray Johns f M or ATTEST: Marcia M. Torgerson, City Clerk psw APPROVED AS TO CONTENT: Steven). Sylto , ity Engineer APPROVED AS Tq FORM: 4 —q, , R y anley, Ci Attor y a BUENA AVENUE STORM DRAIN CONSULTANT SERVICES AGREEMENT Page 5 of 5 Pages EXHIBIT "A" I CITY OF ATASCADERO �• •y DEPARTMENT OF PUBLIC WORKS t' Y �a>a>a 6500 PALMA AVENUE, ATASCADERO, CA 93422CAAD ! Telephone:(805)461-5020 Fax:(805)461-7615 June 26, 1997 Cannon Associates 364 Pacific Street San Luis Obispo, CA 93401 SUBJECT: Request for Proposal Buena Avenue Storm Drain Phase II Dear Consultant: The City of Atascadero is requesting proposals for engineering design services for plans and specifications for the drainage improvements necessary to complete the Buena Avenue Storm Drain. The City feels that this project will be of particular interest to Cannon Associates since you have already performed much of the necessary research and plans preparation. GENERAL DESCRIPTION OF WORK i The plans and specifications shall show the work necessary to conduct storm drain flow from an existing 54 inch diameter storm drain culvert under the Union Pacific railroad and connect to an existing 66 inch diameter cast-in-place concrete storm drain culvert. All construction shall be designed to conform to City Standards and to the requirements of the Union Pacific Railroad. The City has already applied for a Union Pacific Railroad encroachment permit and will perform all necessary plan coordination with them. DESIGN CRITERIA 1. Aerial topography is available at 1" = 100' with 5' contours. These maps are not considered adequate for project design. 2. Plans for the existing adjacent portions of the Buena Avenue Storm Drain are available from the City. 3. _ The consultant will provide such survey data as he determines necessary. i yam, Cannon Associates June 26, 1997 Page 2 4. The plans will be prepared on 24" x 36" mylar sheets and shall include border, scale, North arrow, City standard title block and appropriate references. Plans will , include elevations at the construction centerline and such additional elevations and details as may be necessary to construct the drainage improvements. Profiles are required. Plans will also include a cover sheet and a sheet showing all standard details to be used for construction. 5. The plans shall be of such quality that they are ready to go to construction, and shall be subject to the approval of the City Engineer. 6. The plans shall show locations of all required utility, obstructions or encroachment relocations. 7. The consultant will be responsible for coordination with the utility agencies and for required utility signatures on the plans. 8. Plans will show the locations of all existing manholes, water valves, gas valves, fire hydrants, etc. that occur in construction areas. 9. The consultant will prepare all hydrologic and hydraulic calculations necessary to integrate the new construction with existing facilities. I 10. A submittal including both plans and specifications shall be made to the City Engineer at 50% project completion and 95% project completion. SPECIFICATIONS Contract Documents and technical specifications are required and shall be submitted in both hard copy and as a WordPerfect 6.1 file on 31/2 inch disk. Specifications shall include all necessary information for construction of the project. The City will provide the consultant with the City's standard General Conditions and Bid Documents in WordPerfect 6.1 format. The City will reproduce the documents for bidding purposes. CONSTRUCTION COST ESTIMATE A detailed and itemized construction cost estimate with unit quantities and costs shall be provided. An itemized bid list with quantities suitable for inclusion in the bid documents shall also be provided. Plans shall be modified as required to stay within the budgetary limits for the project. {t``[ %Noe Iwo, Cannon Associates June 26, 1997 Page 3 INSURANCE REQUIREMENTS The City requires that the consultant have errors and omissions insurance in the amount of $500,000.00 and general liability insurance in the amount of $1,000,000.00. Proof of insurance shall be submitted with the proposal. PROPOSAL REQUIREMENTS When you submit a proposal for this project, please provide three copies including the following information: 1. A detailed statement of the scope of work, based on the above requirements. 2. A not to exceed fee for the scope of work described. 3. A statement that the proposal shall remain firm for 90 days following the submission due date. 4. A schedule of hourly fees to remain in effect for the duration-of the project design. 5. Proof of insurance coverage. 6. A statement of qualifications to undertake an engineering project of this magnitude. 7. References, including address and a current telephone number. 8. A list of any subconsultants to be used on this project. 9. An estimate of the total time required to complete the project, with intermediate milestone tasks. All work must be completed within 45 calendar days from receipt of a Notice to Proceed. Estimate shall include 5 working days for City review of CONTRACTUAL AGREEMENT The successful bidder will be required to sign a contract with the City. The City's standard Consultant Services Agreement is on file at the City Engineer's office. The agreement contains specific requirements for insurance coverages and other legal responsibilities. Submittal of a proposal will indicate consultant's acceptance of the agreement conditions. Cannon Associates June 26, 1997 Page 4 PROPOSAL DUE DATE Proposals may be hand delivered or mailed but must be received by 5:00 p.m. on July 15, 1997 (due date). No late proposals will be accepted. No FAX proposals will be accepted. Proposals responding to this request will be received at the offices of the City Engineer: Steven J. Sylvester, City Engineer Room 308 6500 Palma Avenue Atascadero, CA 93422 Please direct all requests for clarification or questions to Richard Kilpatrick at North Coast Engineering (Telephone 239-3127 and FAX 239-0758). Sincerely, Lj—___) John B. Neil Assistant City Engineer J B N/tas 95128RFP.ATA EXHIBIT "'B "' 1400, MICHAEL F.CANNON, PE ANDREW G. MERRIAM, AIA, AICP farmon August 4, 1997 DANIEL S HUTCHINSON, L$ A S S O C I A T E S Stephen J. Sylvester City of Atascadero 6500 Palma, Room 308 Atascadero, CA 93422 ENGINEERS PLANNERS Project: Buena Avenue Storm Drain Phase II SURVEYORS Dear Mr. Sylvester: Thank you for the opportunity to assist you with this project. Cannon Associates will provide the following services for this project as detailed below. Scope of Work: TOPOGRAPHIC SURVEY We will prepare a topographic survey of the site showing the following information: • Elevations will based on City of Atascadero datum. • A minimum of one permanent benchmark with description and elevation to the nearest one-hundredth of a foot. 1, Contours at one foot intervals. • Spot elevations on ground and at specific features in the project area. • All fencing and above ground utility appurtenances which are located in the project area. • All waterlines and appurtenances in the project area. An attempt shall be made to correlate the planimetric data collected in the field with location and size of water mains as shown on Atascadero Mutual Water Company atlases, however no warranty is made with respect to the accuracy of this information without the City making formal arrangements to have the lines potholed. • Location and size of storm drain pipes located in the Buena Avenue right-of-way and invert elevations at each. • Location of trees that are four inches in diameter or greater. ii STORM DRAIN i We will prepare plans and specifications for a storm drain pipeline under the Union Pacific Railroad, at Buena Avenue, in the City of Atascadero. The plans will include 364 PA,- EIC SIR',- details of the proposed storm drain pipe that will connect the existing 54- and 66-inch Sara L,,I, ORn': CA storm drain pipes, as well as details of the pipe transition structures. 9340' CELEBRATING. 805 544-7407 20- 54­3863 � � Eamon ASSOCIATES City of Atascadero Proposal August 4, 1997 Page 2 We will prepare Contract Documents and technical specifications in CSI format. We will also prepare an itemized bid list with bid item quantities, and an engineer's opinion of probable cost. Calculations for the sizing of storm drain pipes and inlets between Miramon Avenue and Traffic Way, will be provided. All plans, specifications, and calculations will conform to the requirements of the City of Atascadero and the Union Pacific Railroad. UTILITY COORDINATION FOR GAS AND WIRE UTILITIES We will request that the utility companies (water, gas, power,telephone, and cable television) provide the location of their utilities in the project area to be shown on the plans. Signatures from representatives of these utility companies will appear on the plans. Project Schedule and Estimated Fees: We estimate a project design schedule of 45 calendar days for this project. We assume the local utility companies will be cooperative with this schedule. Fees are based on the hourly rates per the enclosed fee schedule and do not include City or Union Pacific Railroad checking fees. Total (Not to Exceed) Fees: $6700.00 Acceptance and Terms: Cannon Associates bills monthly for work in progress and payment is due within 10 calendar days of receipt of the bill. Overdue amounts will be surcharged at 18 percent per annum or 1.5 percent monthly. Materials are charged at cost plus 10 percent. If this proposal meets with your approval, please issue us your standard contract,or we can provide one to you, for signature authorization to proceed. The fees quoted in this proposal are valid for the duration of this project. If you have any questions, please give me a call. Sincerely, Richard J. Heffner Project Engineer Appendix A: 1 of 8 Revised April 1996 r 'NOV EXHIBIT "C" 141� g4nnon A S S O C I A T E S FEE SCHEDULE July 1997 Civil Engineering Department Rate/Hour Senior Civil Engineer 80.00 Project Designer II 60.00 Engineer Technician II 47.00 Clerical II 37.00 Clerical Assistant 25.00 Survey Department Two-Man Survey Crew 105.00 Senior Land Surveyor 75.00 Survey/Technician II 45.00