HomeMy WebLinkAboutBissell & Karn - Design/Constr. of Bridge & Road Appr. AGREEMENT FOR ENGINEERING SERVICES
FOR DESIGN OF BRIDGE AND ROAD APPROACHES
AND CONSTRUCTION ENGINEERING
OF THE
GRAVES CREEK-MONTEREY ROAD BRIDGE
IN THE CITY OF ATASCADERO
BRIDGE NO. 49C-277
This Agreement, made and entered into this Nineteenth
day of February , 1986 , by and between the City of
Atascadero, State of California, hereinafter referred to as
"CITY" , and Bissell & Karn, Inc. , doing business as a
corporation, 1111 Howe Avenue, Suite 495 , Sacramento,
California , 95825 , hereinafter referred to as "ENGINEER" .
WITNESSETH:
THAT WHEREAS , CITY requires engineering services for
the design engineering, detail plans and construction
engineering of a bridge and road approach project described as
follows:
Bridge and Approaches Monterey Road at
Graves Creek, City of Atascadero
Bridge No. 49C-277
AND, WHEREAS, ENGINEER is duly licensed as a
registered professional engineer in the State of California and
is qualified and experienced to provide such engineering
services.
NOW, THEREFORE, CITY and ENGINEER, for the
consideration hereinafter named, agree as follows.
ARTICLE I
ENGINEER' S SERVICES
ENGINEER shall perform the engineering services set
forth as follows :
A. Phase I -- Preliminary Design
1. Gather and analyze existing data. The CITY will
provide the following: Any foundation reports,
hydraulics reports , site maps with survey data , road
alignment and profiles and utility plans that it has
available.
2 . Supplement existing surveys with site specific profiles
with planned pier and channel locations for slope
protection and foundation design.
3 . Prepare Bridge General Plan and Type Selection report.
4 . Coordinate all work with CITY and Caltrans so that
approval and final design can proceed in an
expeditious manner.
B. Phase II -- Final Design
1 . ENGINEER shall make necessary provisions in the plans
to carry all known utility lines through the bridge.
2 . Complete project bridge design plans, specifications
with a detailed estimate and breakdown of construction
costs for final approval by CITY and State.
3 . ENGINEER will furnish CITY with two typed copies of
approved technical specifications which are to be
complete and ready for inclusion into the contract
documents for bidding purposes and further processing
by CITY.
4 . ENGINEER shall make required revisions to plans ,
specifications and estimate necessary to obtain final
approval of plans, specifications and estimate for
bridge and approaches.
5. ENGINEER will furnish CITY with mylar copies of drawing
sheets for the design plans, which will be retained in
ownership by CITY at the completion of the project.
The CITY will hold the ENGINEER harmless for use of
these plans other than for this project .
C. Phase III ADVERTISEMENT AND AWARD
Consult with CITY and contractors during the pre-bid and
assist CITY in obtaining competitive bids.
D. Phase IV CONSTRUCTION ENGINEERING
A city engineer will be in responsible charge. During
construction of the project, ENGINEER shall :
1 . Furnish an on-site inspector and provide periodic
reviews by a bridge construction engineer.
2 . Perform construction staking on a needs basis.
3 . Perform materials testing on a needs basis in
accordance with Caltrans requirements.
4 . Review shop plans, falsework plans, and working
drawings.
ARTICLE II
ENGINEER' S FEE
As consideration for providing services outlined in
Phases I and II of Article I , CITY shall pay ENGINEER a lump
sum for design not to exceed $11 ,064 .77 .
As consideration for providing services outlined in
Phases III and IV of Article I , CITY shall pay ENGINEER a sum
for construction engineering not to exceed $28 ,956 .61 .
The above cost estimates are based on detailed
manpower estimates for each work item of the contract services,
ENGINEER' s salary cost and overhead rates, and detailed direct
cost estimates.
The backup estimate for design (Phases I & II ) is
attached as EXHIBIT A.
The backup estimate for construction (Phase III & IV)
is attached as EXHIBIT B.
ARTICLE III
PAYMENT FOR SERVICES
Invoices will be submitted by ENGINEER at monthly
intervals and payment to ENGINEER, as prescribed in Article II ,
is to be made based on the percentage of work completed. The
total fee, less previous payments, shall be due and payable on
submission of the completed work.
The percentage of completion will be estimated by
ENGINEER on the basis of the ratio of work done to the total
work contemplated by this contract.
ENGINEER agrees that the cost principals and
procedures of Part 1-15 of the Federal Procurement Regulations
shall be used to determine the allowability of individual items
of cost.
ENGINEER shall maintain accounting records and any
other evidences pertaining to the costs incurred on the project
in accordance with normal procedures for contracts and shall
make the records available to CITY, State and Federal Highway
Administration or their duly authorized representatives during
the contract period and for a period of three years from the
date of final payment.
ARTICLE IV
TIME OF BEGINNING AND COMPLETION OF SERVICES
Work on the project will begin no later than ten ( 10)
calendar days after receipt of letter of notification to
proceed, with the plans, specifications and estimate for bridge
and approaches completed for approval by CITY and State within
70 calendar days after notification to proceed. It is agreed
between the parties to this Agreement that ENGINEER cannot be
responsible for delays occasioned by factors beyond his
control , nor by factors which could not reasonably have been
foreseen at the time the Agreement was prepared.
ARTICLE V
MISCELLANEOUS PROVISIONS
It is further mutually agreed by the parties hereto:
A. That ENGINEER will not begin work on any of the services
listed in Article I until CITY directs him in writing to
proceed.
B. That the estimates of construction costs "for the project
provided for herein are to be prepared by ENGINEER through
exercise of his experience and judgement in applying
presently available cost data, but it is recognized that
ENGINEER has no control over cost of labor and materials or
over competitive bidding procedures and market conditions,
so that he cannot warrant that the project construction
costs will not vary from his cost estimates.
C. That CITY shall make available to ENGINEER all technical
data in CITY' s possession, including maps, surveys,
borings, and other information required by ENGINEER and
relating to his work.
D. That if any portion of the project covered by this
Agreement and designed or specified by ENGINEER shall be
suspended, abated, abandoned, or terminated, CITY shall pay
ENGINEER for the services rendered for such suspended,
abated, abandoned, or terminated work. The payment is to
be based insofar as possible on the amount established in
this Agreement, or where the Agreement cannot be applied,
the payment shall be based upon a reasonable estimate as
mutually agreed of the percentage of the work completed.
E. That in the event of any legal or other controversy
requiring the services of ENGINEER in providing expert
testimony in connection with the project, except actions
brought by either party against the other, and, except
suits or claims by third parties against CITY arising out
of errors or omissions of ENGINEER, CITY shall pay ENGINEER
for services rendered in regard to such legal or other
controversy, including costs of preparation for the
controversy, on the basis of ENGINEER' s salary cost and
overhead rates and detailed direct cost at the rate shown
in Exhibit A.
F. That ENGINEER will not commence any work until he obtains ,
at his own expense, all required insurance. Such insurance
must have the approval of CITY as to limit, form, and
amount. The types of insurance ENGINEER is required to
obtain and maintain for the full period of the contract
will be comprehensive General Liability insurance,
Professional Liability insurance, and Workers'
Compensation. As evidence of specified insurance coverage,
CITY may, in lieu of actual policies , accept certificates
issued by the insurance carrier showing such policies in
force for the specified period. Each policy or certificate
will bear an endorsement or statement waiving right of
cancellation or reduction in coverage within 30 days notice
in writing to be delivered by registered mail to CITY.
1 . Comprehensive General Liability Insurance: ENGINEER
shall submit written evidence that he has obtained, for
the period of the contract , full Comprehensive General
Liability insurance coverage. This coverage will
provide for both bodily injury and property damage.
The bodily injury portion will include coverage for
injury, sickness or disease, and death, arising
directly or indirectly out of, or in connection with,
the performance of work under this contract, and will
provide for a limit of not less than $500 ,000 for all
damages arising out of bodily injury, sickness or
disease to or death of one person, and a total limit of
$1 ,000 ,000 for damages arising out of bodily injury,
sickness or disease, and death of two or more persons
in any one occurrence.
2 . The property damage portion will provide for a limit of
not less than $500 ,000 for all damages arising out of
injury to or destruction of property of others arising
directly or indirectly out of or in connection with the
performance of work under contract and in any one
occurrence.
3 . ENGINEER shall also obtain professional liability
insurance in the amount of $250 ,000 . ENGINEER' s
liability insurance policy shall be endorsed as primary
insurance.
4 . Workers' Compensation Insurance: ENGINEER will submit
written evidence that he has obtained for the period of
the contract full Workers ' Compensation Insurance
coverage for all persons whom they employ or may employ
in carrying out the work under this contract. This
insurance will be in strict accordance with the
requirements of the most current and applicable State
Workers ' Compensation Insurance laws.
G. That in the event it becomes necessary for the State or
CITY to make a special field inspection trip during the
progress of the design work, it shall be the duty of
ENGINEER to accompany the inspection party when requested.
There will be no additional compensation to ENGINEER for
one special field inspection trip.
H. That no change in the character or extent of the work to be
performed by ENGINEER shall be made except by supplemental
agreement in writing between CITY and ENGINEER. The
supplemental agreement shall set forth the proposed changes
of work, adjustment of time, and adjustment of the fee to
be paid by CITY to ENGINEER, if any.
I . That duly authorized representatives of the State , CITY,
and Federal Highway Administration shall have right of
access to ENGINEER' s technical plans, files, and records
relating to the project included in this Agreement, and may
review the work at appropriate stages during performance of
the work.
J. That ENGINEER will be granted time extensions for delays
beyond ENGINEER' s control . Time extensions will be equal
to the length of the delay or as otherwise agreed to
between ENGINEER and CITY. The prices established in
Article II , Engineer' s Fees , are based on commencing work
within ten ( 10 ) calendar days upon receipt of Notice to
Proceed. Any delays to the schedule in excess of six
months by factors beyond ENGINEER' s control may require an
adjustment of the fixed price fee set forth in Article II .
K. Reproducible copies of tracings, plans, specifications, and
maps prepared or obtained under the terms of this Agreement
will be delivered to and become the property of CITY.
Basic survey notes and sketches , charts, computations , and
other data prepared or obtained under this Agreement will
be made available , upon request, to CITY. One copy of
final design calculations for structural , mechanical and
electrical components shall be furnished to CITY. The CITY
will hold the ENGINEER harmless for use of these plans
other than for this project.
L. That all claims, counter-claims, disputes, and other
matters in question between CITY and ENGINEER arising out
of or relating to this Agreement or in the breach thereof
will be presented to the City Council of CITY for
consideration. In the event that the City Council cannot
resolve the matter or matters to the satisfaction of
ENGINEER, ENGINEER may undertake whatever legal actions
against CITY as are available to him and as he deems
necessary.
M. That ENGINEER agrees to protect, defend, and indemnify
CITY, its officers, agents and employees from claims
relating to reasonable losses or damages sustained by any
person, including employees of the parties hereto, and
occasioned by the negligent acts, errors , or omissions of
ENGINEER, his agents or employees, in the performance of
this Agreement.
N. That ENGINEER will comply with all Federal , State and local
laws and ordinances as may be applicable to the performance
of work under this Agreement.
O. That ENGINEER will endorse plans, specifications, reports,
and documents in accordance with applicable portions of the
Business and Professions Code of the State of California.
P. The bridge shall be designed in accordance with provisions
of Section 8 of the California Department of Transportation
Local Programs Manual , Volume I .
Q. This Agreement is between CITY and ENGINEER. The work
under this contract shall not be sublet or transferred to
another firm, company or corporation without the approval
of CITY.
ARTICLE VI
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
FOR FEDERAL AID CONTRACTS
During the performance of this contract, ENGINEER for
itself , its assignees, and successors in interest, agrees as
follows:
A. Compliance with Regulations:
ENGINEER will comply with the regulations of the Department
of Transportation relative to non-discrimination in
federally assisted programs of the Department of Commerce
(Title 49 , Code of Federal Regulations, Part 21 ,
hereinafter referred to as "Regulations" ) , which are herein
incorporated by reference and made a part of this contract.
B. Non-Discrimination:
ENGINEER, with regard to the work performed by it after
award and prior to completion of the contract work, will
not discriminate on the ground of race , color, or national
origin in the selection and retention of subcontractors,
including procurements of materials and leases of
equipment. ENGINEER will not participate either directly
or indirectly in the discrimination prohibited by Section
21 . 5 of Regulations, including employment practices when
the contract covers a program set forth in Appendix B of
the Regulations.
C. Solicitations for Subcontracts, Including Procurements of
Materials and Equipment:
In all solicitations, either by competitive bidding or
negotiation made by ENGINEER for work to be performed under
a subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or
supplier shall be notified by ENGINEER of ENGINEER' s
obligations under this contract and Regulations relative to
non-discrimination on the ground of race, color, or
national origin.
D. Information and Reports:
ENGINEER will provide all information and reports required
by Regulations, or orders and instructions issued pursuant
thereto, and will permit access to its books, records ,
other sources of information, and its facilities as may be
determined by CITY, Caltrans , or the Federal Highway
Administration to be pertinent to instructions. Where any
information required of ENGINEER is in the exclusive
possession of another who fails or refuses to furnish this
information, ENGINEER shall so certify to CITY, Caltrans,
or the Federal Highway Administration as appropriate, and
shall set forth what efforts it has made to obtain the
information.
E. Sanctions for Non-Compliance:
In the event of ENGINEER' s non-compliance with the
non-discrimination provisions of this contract, CITY shall
impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate including,
but not limited to:
1. Withholding of- payments to ENGINEER under the contract
until ENGINEER complies, and/or
2 . Cancellation, termination, or suspension of the
contract, in whole or in part.
F. Incorporation of Provisions:
ENGINEER will include the provisions of paragraphs A.
through F. of this Article VI in every subcontract,
including procurements of materials and leases of
equipment, unless exempt by Regulations, orders, or
instructions issued pursuant thereto. ENGINEER will take
such action with respect to any subcontractor or
procurement as the State Highway Department or the Federal
Administration may direct as a means of enforcing such
provisions, including sanctions for non-compliance.
Provided, however, that in the event ENGINEER becomes
involved in or is threatened with, litigation with a
subcontractor or supplier as a result of such direction,
ENGINEER may request CITY to enter into such litigation to
protect the interests of CITY, and in addition, ENGINEER
may request the United States to enter into such litigation
to protect the interest of the United States.
ARTICLE VII
INDEPENDENT CONTRACTOR
ENGINEER, in accordance with his status as an
independent contractor, covenants and agrees that he will
neither hold himself out as nor claim to be an officer or
employee of CITY by reason hereof, and that he will not by
reason hereof make any claim, demand or application or for any
right or privilege applicable to an officer or employee of
CITY, including , but not limited to, Workers' Compensation
coverage, unemployment insurance benefits, social security
coverage, or retirement membership or credit.
ARTICLE VIII
COVENANT AGAINST CONTINGENT FEES
ENGINEER warrants that he has not employed or
retained any company or person, other than a bona fide employee
working for ENGINEER, to solicit or secure this Agreement, and
that he has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift or any other consideration,
contingent upon or resulting from the award or making 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 Agreement price or
consideration, or otherwise recover the full amount of such
fee , commission, percentage, brokerage fee , gift , or contingent
fee.
ARTICLE IX
SUCCESSOR AND ASSIGNS
This Agreement shall be binding upon the heirs ,
successors, executors, administrators, and assigns of the
respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereunto
executed this Agreement the day and year first above written.
Submitted: CITY OF ATASCADERO, a political
subdivision of the State of
California
Paul M. Sensibaug �1
Director, Department of By ► `� S��
Public Works "Ehairinad of the City Council
APPROVED AS TO FORM AND ATTEST:
LEGAL PROPRIE111 Y Clerk of the City Council ,
State of California
BY/f,
BISSELL & KARN, INC.
a corporation
By
Title
Herein above referred to as
ENGINEER
CERTIFICATION OF LOCAL AGENCY'S DEPARTMENT OF PUBLIC WORKS
I HEREBY CERTIFY that I am the Director of the
Department of Public Works of the City of Atascadero, and that
the above engineering firm or his representative has not been
required, directly or indirectly as an express or implied
condition in connection with obtaining or carrying out this
Agreement to:
a. Employ or retain, or agree to employ or retain, any
firm or person; or
b. Pay, or agree to pay, to any firm, person, or
organization, any fee, contribution, donation, or
consideration of any kind;
except as here expressed stated ( if any) : None
I acknowledge that this certificate is to be
furnished the State Department of Transportation, in connection
with this Agreement involving participation of Federal-aid
Highway funds, and is subject to applicable State and Federal
laws , both criminal and civil.
Date (Signature)
CERTIFICATION OF CONSULTANT
I HEREBY CERTIFY that I am the Branch Manager and
duly authorized representative of the firm of Bissell & Karn,
Inc. , whose address is 1111 Howe Avenue, Suite 495 , Sacramento,
California 95825 , and that neither I nor the above firm I here
represent has:
a. Employed or retained for a commission, percentage ,
brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee
working solely for me or the above Engineer) to
solicit or secure this Agreement; or
b. Agreed, as an express or implied condition for
obtaining this contract, to employ or retain the
services of any firm of person in connection with
carrying out the Agreement; or
C. Paid, or agreed to pay, to any firm, organization or
person (other than a bona fide employee working
solely for me or the above Engineer) any fee,
contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out
the Agreement;
except as here expressly stated ( if any) : None
I acknowledge that this certificate is to be
furnished to the State Department of Transportation in
connection with this Agreement involving participation of
Federal-aid highway funds, and is subject to applicable State
and Federal laws, both criminal and civil .
Z" .
rt r 2 Z - -
Date (Signature)
EXHIBIT A
CITY OF ATASCADERO
MONTEREY ROAD AT GRAVES CREEK
DESIGN COST ESTIMATE
Direct Labor Hours Rate Amount
Senior Engineer 8 24 .00 192.00
Associate Engineer 75 22 . 50 1 ,687 .50
Engineering Technician 55 16 .00 880 .00
Clerical 8 6 .35 50 .80
SUBTOTAL - DIRECT COSTS $ 2 ,810 .30
Indirect Costs
Overhead Rate 148%
SUBTOTAL - INDIRECT COSTS 4 ,159 .24
Direct Costs (Except Labor)
Supplementary Surveys 640 .00
Travel and Per diem 1 ,350 .00
Mylar Reproducibles (est. 12 sheets) 432 .00
Plans (est. 10 sets) 170 .00
Specifications ( 10 sets) 60 .00
SUBTOTAL - DIRECT COSTS
(except labor) $ 2 ,652 .00
TOTAL 9 ,621.54
FEE 1 ,443 ,23
TOTAL COST $11 ,064 .77
EXHIBIT B
CITY OF ATASCADERO
MONTEREY ROAD AT GRAVES CREEK
CONSTRUCTION ENGINEERING COST ESTIMATE
Direct Labor Hours Rate Amount
Senior Engineer 8 24 .00 192 .00
Associate Engineer 100 20 .00 2 ,000 .00
Inspector 320 16 .00 5 ,120 .00
Clerical 16 7 .00 112 .00
SUBTOTAL - DIRECT COSTS $ 7 ,424 .00
Indirect Costs
Overhead Rate 148%
SUBTOTAL - INDIRECT COSTS $ 10 ,987 .52
Direct Costs (Except Labor)
Construction Surveys $ 2 ,560 .00
Materials Testing 2 ,000 .00
Travel & Per diem 2 ,400 .00
SUBTOTAL - DIRECT COSTS
(Except Labor) $ 6 ,960 .00
TOTAL $ 25 ,371 .52
FEE 3 ,585 .09
TOTAL 28 ,956 .61