HomeMy WebLinkAbout2014-007 Bertaccini �61+ 00-7
{� City of Atascadero
CHANGE ORDER
i Purchase Order#01895
Prajecl: Public Works Plan Checking Services
Charrge Order Number: 2
0imige Under Dale: 4/16/2014
U01711-aclor: MJ Bertaccini & Associates
Purpose of Change Order:
Additional Public Works plan check services due to the high number of building permits_
The contract for Public Works Plan Checking Services extends to June 30,2014 and
increased by $25,000.
We, the undersigned contractor, have given careful consideration to the changes proposed and hereby agree,
if this proposal is approved,that we will provide all equipment, furnish all materials, except as may be noted
above, and perform all services necessary for the work above specified, and will accept as full payment
therefor the prices shown below.
By reason of this proposed change, day(s)extension of time is requested.
Estimated Cost: $ 25,000.00
Signed: Contractors Authorized Agent
Contractor is hereby authorized and directed to make the herein described changes from the plans and
specifications, and/or to increase or decrease contract quantities and time, as described above.
Rec m ed: Approved:
1
byby:
Russell Thompson, Public Wor s irector City Manager Designee
---For Oficial City Use Only -
Change In Contract Price Change in Contract Time
Original contract price: $ 30,000.00 Original contract time: 168 days
Total CO price(all CO's): $ 9,000.00 Change in contract time(all CO's): 1,11 days
Contract price prior to this CO: $ 39,000.00 Contract time prior to this CO: 279 days
Net increase(decrease)this CO: $ 25,000.00 Net increase(decrease)this CO: 0 days
Contract price w/all approved CO's: $ 64,000.00 Contract time wl all approved CO's: 279 days
CITY OF ATASCADERO
f
F ofA'A F� �
1913
!"; F
1979
CONTRACT FOR
MJ BERTACCINI & ASSOCIATES
for
PUBLIC WORKS PLAN CHECKING SERVICES
City of Atascadero
MJ Bertaccini & Associates
B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully
informed of, shall observe and comply with, -and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Consultant are to commence upon execution of this Contract by City, and shall
be undertaken and completed in a prompt and timely manner, in accordance with the Scope of
Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract
shall terminate no later than January 17, 2014, with the option to extend the contract for an
additional year upon mutual agreement by both the City and the Contractor_
4. COMPENSATION:
A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager" shall include the City Manager's designee). Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City and Consultant at the time City's express written authorization signed by the City
Manager is given to Consultant for the performance of said services.
rev 511106 �
792119.3
City of Atascadero
MJ Bertaceini &Associates
" '� •-
��U
7. CHANGES:
The City or Consultant may, from time to time, request changes in the scope of the
services of Consultant to be performed hereunder. Such changes, including any increase or
decrease in the amount of Consultant's compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be
incorporated in written amendments to this Contract. Any increase in the amount of
Consultant's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in
advance by the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Consultant under this Contract are upon creation and shall
be at all times the exclusive property of the City, and the Consultant shall have no property
right therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse
of the materials prepared by the Consultant if used for purposes other than those expressly set
forth in the Intended Use of Consultant's Products and Materials section of this Contract.
Consultant shall not disseminate any information or reports gathered or created pursuant to
this Contract without the prior written approval of City including without limitation information or
reports required by government agencies to enable Consultant to perform its duties under this
Contract and as may be required under the California Public Records Act excepting therefrom
as may be provided by court order. Consultant will be allowed to retain copies of all
deliverables.
B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to
the City, all data, drawings, specifications, reports, estimates, summaries and other such
materials and property of the City as may have been prepared or accumulated to date by the
Consultant in performing this Contract. Consultant will be allowed to retain copies of all
deliverables to the City.
9. CONFLICTS OF INTEREST:
A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Contract. Consultant further covenants that in the performance of this Contract,
Consultant shall take reasonable care to ensure that no person having any such interest shall
be employed by it as an officer, employee, agent or subcontractor without the express written
consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this
Contract. Consultant agrees to include language similar to this Section 9(A) in all contracts
with subcontractors and agents for the work contemplated herein.
rev 5JI/06 4
792111).3
City of Atascadero
MJ Bertaccini & Associates
IV—'
12.
1?. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable
local, state, and federal laws and regulations which may affect those employed by it or in any
way affect the performance of its services pursuant to this Contract. Consultant shall observe
and comply with all applicable laws, ordinances, regulations and codes of federal, state and
local governments, and shall commit no trespass on any public or private property in
performing any of the work authorized by this Contract. Consultant shall at all times hold a
valid contractor's license if performing any function or activity for which a license is required
pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business
and Professions Code, and Consultant shall provide a copy of the license(s) upon the request
of the City. The City, its officials, officers, elected officials, appointed officials and employees
shall not be liable at law or in equity as a result of any failure of consultant to comply with this
section.
B. PREVAILING WAGES. In the event it is determined that the Consultant is required
to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay
all penalties and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior .
written consent of the City Manager. Consultant shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either
directly or indirectly employed by them, as it is for the negligent acts and omissions of persons
directly employed by Consultant.
14. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by
assignment or notation. However, claims for money due or to become due Consultant from
the City under this Contract may be assigned to a financial institution, but only with prior written
consent of the City Manager. Notice of any assignment or transfer whether voluntary or
involuntary shall be furnished promptly to the City. The rights and benefits under this
agreement are for the sole and exclusive benefit of the City and this Contract shall not be
construed that any third party has an interest in the Contract.
roti,5/1/06 6
7921193
City of Atascadero
MJ Bertaccini &Associates
r ON
D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION.
Without affecting the rights of City under any provision of this agreement, Consultant shall not
be required to indemnify and hold harmless City of liability attributable to the active negligence
of City, provided such active negligence is determined by agreement between the parties or by
the findings of a court of competent jurisdiction. In instances where City is shown to have
been actively negligent and where City's active negligence accounts for only a percentage of
the liability involved, the obligation of consultant will be for that entire portion or percentage of
liability not attributable to the active negligence of City.
17. INSURANCE:
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit D attached to and part of this
agreement.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time. Consultant shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment_
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest
extent allowed by law, with all applicable local, state, and federal laws relating to
nondiscrimination,
rev 5/1106 S
792_119.3
City of Atascadero
MJ Bertaccini & Associates
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier
with respect to any subsequent default or other matter.
L SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
J. NOTICES. All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be
in writing and shall be deemed to have been given if delivered personally or enclosed in a
properly addressed envelope and deposited in a United States Post Office for delivery by
registered or certified mail addressed to the parties (deemed to have been received three (3)
business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
Department of Public Works
6907 EI Camino Real
Atascadero, CA 93422
Consultant: MJ Bertaccini & Associates
P.O. Box 293
Atascadero, CA 93423
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on
behalf of Consultant warrant and represent that they have the authority to execute this
Contract on behalf of their agency and further warrant and represent that they have the
authority to bind Consultant to the performance of its obligations hereunder.
Effective this 1 51h day of May, 2013 by the parties as follows,
City of Atascadero MJ Bertaccini a Associates
e
Russell S. Thompson Michael Bertaccini ��'aPra, Tc v�rh'irrc�
Director of Public Works President
rev 511/D6 10
79?119.3
City of Atascadero
MJ Bertaccini & Associates
CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS
Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor
constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each
worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar
day during which such worker is required or permitted to work more than 8 hours in any one calendar day
and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor
Code § 1813.)
Attention is given to the fact that both Federal (Davis-Bacon)and State of California prevailing wage rate
requirements apply to this project Not less than the greater of the Federal Davis-Bacon wage rates or the
general prevailing wage rate of per diem wages and the Federal prevailing rates for holiday and overtime
must be paid on this project. State of California prevailing wage rates are available online at
www.dir.ca.gov/dlsr/pwd/southern.html.
Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the
duration of the Contract, a copy of the determination by the Director of the Department of Industrial
Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.)
Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing
rate of per diem wages to all workers employed in the execution of the contract. (labor code § 1774.)
Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and
inspection of payroll records.
Contractor shall comply with all provisions of Labor Code section 1775. Under section 1775, Contractor
may forfeit as a penalty to city up to$50.00 for each worker employed in the execution of the Contract by
Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less
than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day, or portion thereof, for which each
worker was paid less than the prevailing wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered
apprentices in the execution of the contract Contractor is responsible for compliance with Labor Code
section 1777.5 for all apprenticeable occupations. This statute requires that contractors and
subcontractors must submit contract award information to the applicable joint apprenticeship committee,
must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of
apprentice's work for every five hours of labor performed by a journeyman (unless an exception is
granted under§ 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the
California Apprenticeship Council, and that contractors and subcontractors must not discriminate among
otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national
origin, ancestry or color. Only apprentices defined in Labor Code sections 3077, who are in training
under apprenticeship standards and who have written apprentice contracts, may be employed on public
works in apprenticeable occupations.
Consultant
Michael Bertaccini, President
MJ Bertaccini & Associates f
rev 5/1/06 12
7921 19.3
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 30,000.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
Services will be conducted on a time and material basis not to exceed the contractual amount
of$30,000.00. Reimbursabies are not included in this contract.
Any additional services authorized by the City of Atascadero, not included in the scope of
services as defined by this contract, must be approved in the form of a City of Atascadero
Change Order prior to performing additional work. All additional work authorized by a City of
Atascadero change order will be compensated at the same unit cost for the defined services
as agreed to in this contract .
Payment will be made within 30 days after receipt and approval of invoice.
Payments to the contractor in excess of the contract amount of $30,000.00 will not be made
unless written authorization is executed prior to the date of the additional requested work. Any
charges incurred outside of these contract terms will not be authorized for payment.
MJ Bertaccini & Associates
Michael Bertaccini, President
65H615.1
DRAFT 06/4/01 4:33 I'M B-1
EXHIBIT C
Items Provided by City
Consultant shall be provided a work space at the City of Atascadero to include, a desk or table,
telephone, and computer with access to permit tracking software.
Consultant shall provide all tools and instruments necessary for the services described in
Exhibit A. No additional tools or instruments shall be provided by the City.
(atiGia.l
DRAFT OW-1/0 f-1:33 1'M C-1
i
Insurance Requirements
?. For any claims related to this project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not Contribute with it.
I The Consultant's insurance shall apply separately to each insured against whom clainZ is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's ratiuzg of no
less than ANIL
Additional Insured. The City of Atascadero will "Lobe added to the policy as Additional Insured by
endorsement, adding the City's name to the Certificate of Insurance is not sufficient and will not be
accepted.
Verification of Coverage. Consultant shall hirnish the City with a certificate of insurance showing
maintenance of the required itisuirance coverage. Original endorsements effectuig general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
DRAFT 06/4101 .1:33€NI D-2
o
PURCHASE-ORDER
�•, -
t;-�- _ 't _ PURCHASE C-' j31
rGuNteO '' a I'1 `"mRMArm —7 ORDER NO.
H9�3t E � lil: X978 .
DATE /I 5
VENDOR NAME/ADDRESS SEND ALL INVOICES TO:
City of Atascadero
nSSC,�+C`L �S 6907 EI Camino Real
T o ct3 Atascadero, CA 93422
Attn:Accounts Payable
c��SCC�i ;cam, DA
QTY. UNIT DESCRIPTION PRICE ACCOUNT NO.
C\eC :k i1Gn Vr�tc_�S
` SHIP TO
Dept.
AEdUEBTED BY:
Address
ct rin.�rnctnr nEsic� - .r