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HomeMy WebLinkAbout1997-032 Earth Systems consultants City of Atascadero Contract #97032 CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO STATE ROUTE 41/ATASCAD ,E R ,O AVENUE STORM DRAIN THIS AGREEMENT, made this the Ot day of 64?S+1997, by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and Earth Systems Consultants Northern California, 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 this Agreement in conjunction with the Purchase Order issued by the City Manager. B. The following exhibits are attached hereto and incorporated herein by reference as though here fully set forth. 1. Exhibit "A", Request for Proposal 2. Earth Systems Proposal, dated July 10, 1997, including a Schedule of Fees to remain in effect for the duration of the construction. Article 2 - Responsibilities of Consultant A. Consultant will provide construction observation services, construction testing services, and reports for the installation of storm drain facilities for the City of Atascadero as described herein and as outlined in Exhibit "A" and Exhibit "B". 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 Project Coordinator, herein designated as 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" and Exhibit "B", commencing with receipt of a written Notice to Proceed signed by the Project Coordinator and by the City Manager. STATE ROUTE 41/ATASCADERO AVENUE STORM DRAIN Consultant Services Agreement Page 1 of 8 Pages 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. Article 4 - Fee and Provision for Payment A. City will pay Consultant a not to exceed fee of eight thousand nine hundred ninety nine and 00/100 dollars ($8,899.00) for the services contracted under this Agreement. Consultant shall submit monthly progress reports to City indicating the state-of-completion of each task specified in Exhibit "A". B. Consultant shall be paid no later than thirty (30) days following receipt by City of Consultant's process report and invoice. Any additional applicable hourly rate billings as authorized in Article 5 shall be based on the Fee Schedule contained in Exhibit "B". 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, STATE ROUTE 41/ATASCADERO AVENUE STORM DRAIN Consultant Services Agreement Page 2 of 8 Pages err✓ v✓ City shall determine the amount of fee to be paid to Consultant for his services based upon the provision in Exhibit "B", 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. City agrees not to allow any unauthorized re-use of said drawings and documents. Article 10 Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any company or person, other than a bonafide 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 bonafide 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. STATE ROUTE 41/ATASCADERO AVENUE STORM DRAIN Consultant Services Agreement Page 3 of 8 Pages �rrW `ftr Article 11 - Contract Personnel The work to be done pursuant to this Agreement shall be done by Earth Systems Consultants Northern California 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 Manger. 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 A. Consultant shall indemnify, defend, and save harmless City, its officers, agents, and employees from any and all claims, demands, damages, costs, expenses, and liabilities arising out of this Agreement to the extent such claims, demands, damages, costs, expenses or losses are caused by the professional negligence of Consultant. B. 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. C. Nothing in this Article shall apply to any liability covered by Consultant's errors and omissions insurance. 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. Such insurance shall be kept in force for one (1) year beyond the date of Notice of Completion of the project and 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 STATE ROUTE 41/ATASCADERO AVENUE STORM DRAIN Consultant Services Agreement Page 4 of 8 Pages �irn�' w✓' 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 with a $2,000,000 aggregate to the General liability. 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 of the insurance. C. Workers Compensation. 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 (10) days after receipt of Notice of Award. Said certificates shall state the project number and that the policy shall not be canceled without thirty (30) days written notice to City. Such insurance shall 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. STATE ROUTE 41/ATASCADERO AVENUE STORM DRAIN Consultant Services Agreement Page 5 of 8 Pages �rw' fir" E. This article is intended to allow for protection for the City to the fullest extent allowed by Insurance Code Section 11588.04. To the extent any provision of this article may be in violation of said Insurance Code Section, it shall be interpreted to the fullest extent possible, to comply with said Insurance Code Section. If any provision be in violation, the remaining provisions shall be valid and remain in force to the extent allowed by Insurance Code Section 11588.04. 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. STATE ROUTE 41/ATASCADERO AVENUE STORM DRAIN Consultant Services Agreement Page 6 of 8 Pages 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 Governine 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: Earth Systems Consultants Northern California 4378 Santa Fe Road San Luis Obispo, CA 93401 ACCEPTED AND AGREED this 19 `'day of QWTO.+ , 19 97. CITY: CONSULTANT: CITY OF ATA DERO Earth Systems Consultants, a municipal corp ration Northern California By: aytnd joyison, rayor Margaret McQuade, Vice President STATE ROUTE 41/ATASCADERO AVENUE STORM DRAIN Consultant Services Agreement Page 7 of 8 Pages err' ATTEST: Marcia M. Torgerson, City Clerk APPROVED AS TO FORM: �A 0 n&6 Ro . Hanley, De 71,y City Attorney APPROVED AS TO CONTENT: Steven J. S v ster ity Engineer XA95133WGREEMEN.DOC STATE ROUTE 41/ATASCADERO AVENUE STORM DRAIN Consultant Services Agreement Page 8 of 8 Pages r +` EXHIBIT "A" r, CITY OF ATASCADERO ■ ■ DEPARTMENT OF PUBLIC WORKS is�s i■a 6500 PALMA AVENUE,ATASCADERO,CA 93422 Telephone:(805)461-5020 k Fax:(805)461-7615 June 5, 1997 Earth Systems Consultants 4378 Santa Fe Road San Luis Obispo, CA 93401-8116 SUBJECT: Request for Proposal - Route 41/Atascadero Avenue Storm Drain Dear Sirs: The City of Atascadero is requesting proposals for construction observation and testing services for the subject project. This project is tentatively scheduled to begin construction in July 1997. The project consists generally of the underground installation of approximately 4,200 lineal feet of 48 inch corrugated polyethylene drainage pipe and appurtenant structures in Route 41 (Morro Road) from Curbaril Avenue to Atascadero Avenue and in Atascadero Avenue from Route 41 to Atascadero Creek. The construction will occur in areas where the subsurface water level may be expected to vary from 4.5 feet to 6 feet. All observation reports, materials sampling, compaction testing and final reports shall comply with the requirement of the State Department of Transportation and the City of Atascadero. A copy of the May 1996 "Soils Engineering Report - Highway 41 Storm Drain" prepared by Earth Systems Consultants, and copies of the project Plans and Contract Documents are available for inspection at Room 308 of the Atascadero Administration Building. CONSULTANT SERVICES AND SCOPE OF WORK The requested scope consultant services includes the following: 1 . Attendance at and participation in a pre-construction meeting to discuss the Soils Engineering Report, the contractor's construction procedures and quality control requirements with the City Engineer and the contractor. k Earth Systems June 5, 1997 Page 2 2. Review of contractor submittals for select backfill materials and rock slope protection materials. 3. Field observation of the trench excavation and adequacy of trench and pipe bedding prior to pipe installation and backfill. 4. Field compaction testing for: A. embankment construction B. trench backfill C. subgrade for P.C.0 structures and pavement construction D. aggregate base 5. Sample collection and laboratory testing of bedding and backfill materials. 6. A final report including a description of observations made, tabulations of all test results and a certification that all work observed and tested meets all the requirements of the project Plans and Contract Documents, the California Department of Transportation (CalTrans), and the City of Atascadero. Certification shall be provided for all construction components required by Section 18 "Materials Sampling and Testing" of CalTrans LLP 95-07 "Reengineering." QUALIFICATION REQUIREMENTS Submitting firms shall demonstrate that they are familiar with, and have had recent experience with: 1. CalTrans design standards. 2. Construction of underground improvements of the size and type specified in the project plans and specifications entitled "State Route 41/Atascadero Avenue Storm Drain, Bid No. 97-02". 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. low Earth Systems June 5, 1997 Page 3 CONTRACTUAL AGREEMENT The successful consultant will be required to sign a contract with the City. The City's standard Consultant Services Agreement is on file and available for inspection 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. PROPOSAL REQUIREMENTS When you submit a proposal for this project, please provide three copies including the following (minimum) information. Proposal length shall not exceed 10 typewritten pages. 1 . A detailed statement of the scope of work, based on the above requirements. 2. A schedule for the process showing the amount of time necessary for each process. 3. A statement that the proposal shall remain firm for 60 days following the submission due date. 4. Proof of required insurance coverages. 5. A Statement of Qualifications (SOQ) to undertake a project of this magnitude. 6. References for not more than three similar projects with emphasis on CalTrans projects. Include current addresses and telephone numbers for reference contact persons. 7. An organization chart indicating the names and functions of those individuals who will actually perform the work. 8. A one-page resume for each team member indicated in No. 7 above. Emphasis should be placed on geotechnical experience in the areas listed under QUALIFICATION REQUIREMENTS. 9. A statement that all of Consultant's test personnel and all test procedures to be used on this project are certified by CalTrans District 5. " JON", Earth Systems June 5, 1997 Page 4 10. A statement that consultant has reviewed the City of Atascadero Consultant Services Agreement and agrees to, and will be bound by, all provisions thereof. 11 . A statement that consultant has reviewed the "Soils Engineering Report, Highway 41 Storm Drain, Atascadero, CA" by Earth Systems Consultants dated May 28, 1996. 12. A not-to-exceed fee for the above scope of work. 13. A current fee schedule, which will remain in effect for the extent of this project. PROPOSAL DUE DATE All proposals responding to this request will be received at the offices of the City Engineer (North Coast Engineering) and shall be addressed as follows: John B. Neil, Assistant City Engineer % North Coast Engineering, Inc. 725 Creston Road, Suite B Paso Robles, CA 93446 Proposals may be hand delivered or mailed but must be received by 5:00 p.m. on June 19, 1997 (due date). No late proposals will be accepted. No FAX proposals will be accepted. Please direct all requests for clarification or questions to Richard Kilpatrick of North Coast Engineering at telephone (805) 239-3127 and FAX (805) 239-0758. Sincerely, Steven J. Syl ster City Engineer SJSAas 93104BO1.ATA