HomeMy WebLinkAbout2017-004 Rick Engineering CITY CF ATf!SCA -;
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CITY OF ATASCADERO
1918 1979
7
CONTRACT FOR
PROFESSIONAL SERVICES
WITH
RICK ENGINEERING COMPANY
FOR
CENTENNIAL BRIDGE AND PLAZA PROJECT
CITY PROJECT NO. C2015B01
CONSTRUCTION ENGINEERING
moi/
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City") and Rick Engineering Company ("Consultant"). City and
Consultant agree as follows:
1. SCOPE AND STANDARDS:
A. PROJECT. City's Project, of which Consultant's services under this Contract are a
part, is generally identified as follows ("Project"):
Centennial Bridge and Plaza Construction Engineering
City Project No. C2015B01
B. SCOPE OF SERVICES. Consultant's services under this Contract are generally
identified as Professional Construction Engineering Services for Project involving project
construction management and observation; construction survey staking; materials testing and
special inspection services; and quality control and assurance. A detailed scope of services is
attached to and made part of this Contract as Exhibit A. Consultant shall provide, or cause to
be provided, the services set forth in this Contract.
C. INTENDED USE OF CONSULTANT'S PRODUCTS AND MATERIALS. Consultant's
services and deliverables are intended to be used by City for permitting, soliciting competitive
public bids for, and construction of the Project. Consultant's products and materials will be
subject to City's records management standards.
D. CONTRACT. This Contract and its exhibits shall be known as the "Contract
Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in
all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant
enters into this Contract as, and shall at all times remain as to the City, an independent
contractor and not as an employee of the City. Nothing in this Contract shall be construed to
be inconsistent with this relationship or status. Any persons employed by Consultant for the
performance of services pursuant to this Contract shall remain employees of Consultant, shall
at all times be under the direction and control of Consultant, and shall not be considered
employees of City. All persons employed by Consultant to perform services pursuant to this
Contract shall be entitled solely to the right and privileges afforded to Consultant employees
and shall not be entitled, as a result of providing services hereunder, to any additional rights or
privileges that may be afforded to City employees.
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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 Services. Except as provided in Sections 6 and 19 below, this Contract shall
terminate no later than June 30, 2018, unless extended by the mutual agreement of both
parties.
4. COMPENSATION:
A. TERMS. Compensation and method of payment to the Consultant shall be as set
forth in Exhibit B which is attached and made part of this Contract.
B. PAYMENT PROCEDURES. Consultant shall prepare invoices in accordance with
its standard invoicing practices and submit the invoices to City on a monthly basis. City-
approved invoices are due and payable within 30 days of receipt and approval.
C. 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.
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5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Consultant shall comply with the City
Manager's request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Consultant may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Consultant is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Consultant's performance shall not in any manner be subject to any bargaining
agreement(s) or any other agreement(s) the Consultant may have covering and/or with is
employees.
C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort
to maintain the stability and continuity of Consultant's staff assigned to perform the services
required under this Contract. Consultant shall notify City of any changes in Consultant's staff
to be assigned to perform the services required under this Contract and shall obtain the
approval of the City Manager of a list of all proposed staff members who are to be assigned to
perform services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Consultant shall be
compensated for non-disputed fees under the terms of this Contract up to the date of
termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Consultant, and the City may withhold any
payments due to Consultant until such time as the exact amount of damages, if any, due the
City from Consultant is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
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.
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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.
10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Consultant pursuant to performance of this Contract are confidential and Consultant agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party, including the non-releasing party's
attorney's fees and disbursements, including without limitation expert's fees and
disbursements.
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C. COOPERATION. City and Consultant shall promptly notify the other party should
Consultant or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Consultant each retains the right, but has no
obligation, to represent the other party and/or be present at any deposition, hearing or similar
proceeding. Consultant and City agree to cooperate fully with the other party and to provide
the other party with the opportunity to review any response to discovery requests provided by
Consultant or City. However, City and Consultant's right to review any such response does
not imply or mean the right by the other party to control, direct, or rewrite said response.
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract. City acknowledges that all equipment and other tangible
assets used by Consultant in providing these services are the property of Consultant and shall
remain the property of Consultant upon termination of this Contract.
SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary,
notices, forms or similar items that it requires to be issued with a City logo. All such items shall
be approved by the City Manager and shall be provided at City's sole cost and expense.
12. 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. 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, except as indicated in Scope of Services (Exhibit A).
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.
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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.
15. LIABILITY OF CONSULTANT:
Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Consultant's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors
and subcontractors. The City shall have no right of control over the manner in which the work
is to be done but only as to its outcome, and shall not be charged with the responsibility of
preventing risk to Consultant or its employees, agents, contractors or subcontractors.
16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorney's fees and costs to the extent
same are caused in whole or in part by any negligence or negligent act, error or omission of
Consultant, willful misconduct, or recklessness of its officers, agents, employees or
subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof)
in the performance of professional services under this agreement. With respect to the design
of public improvements, the Consultant shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified in Exhibit D without
the written consent of the Consultant.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than
in the performance of professional services and to the full extent permitted by law, Consultant
shall indemnify, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorney's fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of or are a
consequence of the sole negligence of the Consultant or by any individual or entity for which
consultant is legally liable, including but not limited to officers, agents, employees or
subconsultants of Consultant.
C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this section
for each and every subconsultant or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this agreement. In the event consultant fails to
obtain such indemnity obligations from others as required here, Consultant agrees to be fully
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responsible according to the terms of this section. Failure of City to monitor compliance with
these requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here
is binding on the successor, assigns or heirs of Consultant and shall survive the termination of
this agreement or this section.
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, hold harmless and defend the 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 E 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 mutually acceptable to the City
and Consultant. 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.
B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Consultant so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose
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sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to,
and shall, reimburse City for the cost of all such sanctions imposed, together with any and all
costs, including attorneys' fees, incurred by the City in connection therewith.
C. GOVERNING LAW. The City and Consultant understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Consultant by this Contract. In
recognition of that interest, neither any complete nor partial assignment of this Contract, may
be made by Consultant nor changed, substituted for, deleted, or added to without the prior
written consent of City which consent shall not be unreasonably withheld. Any attempted
assignment or substitution shall be ineffective, null, and void, and constitute a material breach
of this Contract entitling City to any and all remedies at law or in equity, including summary
termination of this Contract. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among
the parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its
provisions waived, only by a subsequent written agreement executed by each of the parties.
The parties agree that this requirement for written modifications cannot be waived and any
attempted waiver shall be void.
G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity revise the provisions of this Contract and to
have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the
various sections are merely informational and shall not be construed as a substantive portion
of this Contract.
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.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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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
Director of Public Works
6500 Palma Avenue
Atascadero, CA 93422
Consultant: Rick Engineering Company
711 Tank Farm Road, Suite 110
San Luis Obispo, CA 93401
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 29th day of March, 2017 by the parties as follows,
Approved as to form: Rick Engineering Company
By: ! r0 -w _ss CA, &--
Counsel for Consultant (If applicable) Donald Druse, Principal
Approved as to form: City of Atascadero
iPub� Qe,
By: prol T
Brian Pierik, City Attorney Rachelle Rickard, City Manager
y
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance with
the provisions of that code, and I have complied or will comply with such provisions before
commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861 .)
CONSULTANT
D a c_�
Donald Druse, Principal
Rick Engineering Company
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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.)
Copies of the determination of the director of the department of industrial relations of the prevailing rate of
per diem wages for each craft, classification or type of worker needed to execute this contract will be on file
in, and available at, the office of the director at 6500 Palma Avenue, Atascadero, CA. Wage determinations
are also 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.
Pursuant to Labor Code Section 1771.1, the contractor and subcontractor must be currently registered with
the Department of Industrial Relations pursuant to Labor Code Section 1725.5 at the time the project is
awarded.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relation,
pursuant to Labor Code Section 1771.4.
L,q .- 'e- �- a Q----
Donald Druse, Principal
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EXHIBIT A
Scope of Services
Scope of Services shall be as defined in the Consultant's proposal dated, February 23, 2017
and as summarized in Exhibit A.
All materials prepared by the Consultant under contract 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. All design plans, project
specifications and other pertinent design reports/materials/fifes developed under the contract
shall be delivered to the City on CDROM at project design completion, and prior to release of
the final payment. Reports shall be provided in PDF and Word 2010 format.
SCOPE OF SERVICES
The scope of services for construction engineering activities are outlined below.
Phase 1 PRE-CONSTRUCTION
Task 1-A Project Initiation
1. The Consultant will review the plans, specifications, bid sheet, pre-bid addenda,
general provisions, special provisions, and any other contractual documents
applicable to the project.
2. After review of these documents, the Consultant will meet with the City and the
Engineer of Record to clarify any questions or concerns that may arise.
3. The consultant and their sub-consultant shall prepare a Quality Assurance Plan
(OAP) during this phase of the project which will establish a formal material and
sampling protocol to be implemented during the construction phase.
Task 1-B Pre-Construction Meeting
1. The Consultant will prepare a pre-construction agenda and conduct the pre-
construction meeting to establish the following:
a. Necessary protocols in communication
b. Project documentation
c. Quality control (including presentation and explanation of the QAP)
d. Dispute management
e. Other critical aspects of project management.
A-1
Task 1-C Critical Path Schedule Review
1. At the onset of the project, the Consultant's Resident Engineer will review the
construction schedule submitted by the Contractor and coordinate with the City and
contractor to define a schedule which satisfies project constraints.
Phase 2 CONSTRUCTION
Task A Project Management
1. The Consultant's Resident Engineer will be responsible for Construction
Management and will be the main point of contact.
2. The Assistant Resident Engineer will assist in project coordination and will visit the
site periodically.
3. A field Construction Observer will be onsite an average of four hours per
construction work day.
4. Office engineering staff will assist in coordination of special inspections, material
sampling and testing, document management, detailed review of payment requests,
and other subconsultant coordination.
Task 2-13 Construction Observation
1. The Consultant's construction observers will perform the following tasks on a daily
basis.
a. Record daily inspection reports including daily narrative, weather details, bid
items performed, site visitors, labor, equipment, materials, field concerns and
mitigations, and project correspondence.
b. Observe construction operations conducted pursuant to CAL-OSHA and the
project Traffic Control Plan.
c. Observe construction materials and operations performed pursuant to the
engineering plans and specifications as designed.
d. Oversee quality control, quality assurance, and special inspection testing.
e. Measure quantities of work completed or partially completed.
f. Photograph the construction operations and site conditions.
g. Review construction BMPs and report inadequacies.
Task 2-C Weekly Meetings
1. The Consultant's Resident Engineer will prepare and conduct weekly progress
meetings to address new action items and unresolved old action items, provide a
weekly statement of working days, review two-week look-ahead schedule and
discuss potential contractual change items.
A-2
Task 2-D RF[s and Submittals
1. The Consultant will review and respond to RFI's and Material Submittals. For items
needing specific approval from design team, consultant will coordinate routing of
submittals and responses.
Task 2-E Weekly Resident Engineer Reports
1. The Consultant's Resident Engineer will provide a weekly report to the City
summarizing the work completed during the prior week. The report will highlight
current action items, the proposed approach to resolving the action items, and
recently closed action items.
Task 2-17 Contract Change Order Processing
1. If the need arises, the Consultant will process change orders.
2. Supporting documentation for the change order will be compiled for review of
appropriateness.
3. After review and approval by Consultant, the change order documentation will be
submitted to the City for final approval.
4. Once approved, the Consultant will submit a copy of the Prime Contract Change
Order (PCCO) to the Contractor and the City detailing the schedule, cost, and any
other contractual impacts in such a manner that the change order will be easily
understood by all parties.
Task 2-G Construction Surveying
1. Construction staking and as-built surveying of the completed bridge will be provided
by the Consultant's approved subconsultant.
2. Surveying will be coordinated through contractor staking requests which will be
reviewed by the Resident Engineer and provided to the surveying subconsultant.
A-3
Task 2-H Material Testing and Special Inspections
Consultant's subconsultant(s) will provide special inspection and material sampling and testing
for the following items of work pursuant to the Quality Assurance Plan provided during project
initiation.
1. Grading, Backfill, and Pavement Observation and Material Testing — This work
will be performed during rough grading, utility trench backfill, retaining wall
backfill, abutment backfill, finish grading, aggregate base placement, and asphalt
placement. Material testing will be performed pursuant to the QAP.
2. Micro-Pile Inspection — Special visual inspections of the installation of the micro-
piles will be performed on all the piles. Load testing will be performed on one of
the six piles. Grout backfill in the piles will be sampled and tested for
compressive strength.
3. Structural Concrete -- Reinforced steel will be visually inspected in the structural
concrete. Structural concrete material will be sampled and tested for
compressive strength. Structural concrete includes shallow foundations and
columns for the entry structure, bridge abutments and wing walls, and concrete
dead-man anchors for the bridge foundation.
4. Miscellaneous Concrete — Concrete for sidewalks, ADA ramps, and other non-
structural flatwork is considered miscellaneous. Sampling and testing for
miscellaneous concrete will be performed during the first concrete pour and once
randomly during other concrete pours. If discrepancies are encountered during
construction up to two additional concrete compressive strength samples and
tests will be done.
5. Steel Welding and Bolting — Welding performed in the field and at local
fabrication shops will be inspected by a qualified welding inspector. Shop
welding not performed at a local shop is assumed to be accepted through
certification by the fabricator as is typical for similar projects. Bolting of the
bridge on site will be inspected in the field.
Task 2-1 Progress Payment Applications
1. Each month, the Consultant shall prepare a quantity calculation sheet to identify
the work completed to date and input the data into the City of Atascadero Pay
Application form to develop a payment application requisition for review by the
Contractor.
2. After the Contractor has reviewed and agreed to the quantities and monthly
billing values, Consultant shall submit the payment application to the City for
acceptance.
Phase 3 POST-CONSTRUCTION
Task 3-A Substantial Completion
1. if the City desires a portion of the work to be accessible to the public after said
portion of work is deemed substantially complete, the Consultant will perform a
punchlist review for that portion of work.
2. After the punch list items are complete, the Consultant will provide a Notice of
Substantial Completion to the City for review before providing the formal
document to the Contractor.
A-4
Task 3-B Final Completion
1. Prior to final completion, the Consultant shall perform:
a. A final punchlist review of all work
b. Coordinate any remaining necessary sampling or testing
c. Document final quantities
d. Complete necessary final inspections.
2. After the Contractor has completed all punch list items, the Consultant will provide a
Notice of Final Completion to the City for review before providing the formal
document to the Contractor.
Task 3-C As-Built Records
1. The Consultant will compile comments, revisions, and as-built markups into a single
electronic copy of as-built records in .pdf format and provide to the city upon
completion of all work.
2. A separate pile survey will be provided pursuant to the technical specifications
required for this project.
Task 3-13 Final Payment Review
1 . The Consultant will review the Contractor's final payment application and retention
release applications for completeness after all claims or disputes are resolved.
Task 3-E Final Reporting
1. Upon completion of the project, the Consultant will compile all project documentation
into a final report with a cover letter and summary of the project. This report will be
provided to the City in .pdf format.
A-5
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 263,245.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
City shall pay Consultant an amount equal to the cumulative hours charged to the project by
each class of the Consultant's employees' times standard hourly rates for all services
performed on the project, plus reimbursable expenses and subconsultant charges, if any. The
total compensation for all services and reimbursable expenses shall not exceed S263,245.00.
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 Consultant in excess of the contract amount of $263,245.00 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.
Consultant
Donald Druse, Principal
B-1
EXHIBIT B
Compensation and Method of Payment
r
ENGINEERING COMPANY
Hourly Rates-California Offices
February 25,2017-August 25,2017
Principal Consultant(Special Projects)..................................$250.00 Principal Water Resources Designer.......................................$130.00
Principal....................................................................................235.00 Associate Water Resources Designer........................................120.00
Associate Principal....................................................................220.00 Assistant Water Resources Designer.........................................110.00
Associate/Manager....................................................................205.00
ExpertWitness..........................................................................400.00 GIS Manager...........................................................................$180.00
Court Appearance per half day or part....................................1,600.00 Principal GIS Project Manager..................................................165.00
Associate GIS Project Manager.................................................150.00
Principal Project Engineer/Manager..........................................180.00 Assistant GIS Project Manager..................................................135.00
Associate Project Engineer/Manager.........................................165.00 Principal GIS Analyst................................................................120.00
Assistant Project Engineer/Manager..........................................150.00 Associate GIS Analyst...............................................................115.00
Principal Engineering Designer.................................................130.00 Assistant GIS Analyst...............................I....I...........................103.00
Associate Engineering Designer................................................120.00 Principal Graphics Designer......................................................110.00
Assistant Engineering Designer.................................................110.00 Associate Graphics Designer.....................................................105.00
Principal Engineering Drafter....................................................110.00 Assistant Graphics Designer........................................................90.00
Associate Engineering Drafter.....................................................95.00
Assistant Engineering Drafter.....................................................85.00 Field Supervisor......................................................................$180.00
One-person Survey Party...........................................................I40.00
Principal Construction Engineer/Manager...............................$180.00 One-person Survey Party with Robotics....................................190.00
Associate Construction Engineer/Manager...............................I65.00 Two-Person Survey Party..........................................................210.00
Assistant Construction Engineer/Manager................................150.00 Three-person Survey Party........................................................270.00
Principal Construction Technician............................................130.00
Associate Construction Technician...........................................120.00 3D Laser Scanning Crew(One-Person)...................................$220.00
Assistant Construction Technician............................................110.00 3D Laser Scanning Crew(Two Person)....................................260.00
Senior Transportationt Traffre Engineer...................................$205.00 Principal 3D laser Scanning Project Manager........................$I80.00
Principal Transportation/Traffic Engineer.................................180.00 Associate 31)Laser Scanning Project Manager.........................I65.00
Associate Transportation/Traffic Engineer................................165.00 Assistant 3D Laser Scanning Project Manager..........................150.00
Assistant Transportation/Traffic Engineer.................................150.00 Principal 3D Laser Scanning Specialist.....................................130.00
Principal Transportation/Traffic Designer.................................I30.00 Associate 3D Laser Scanning Specialist....................................I20.00
Associate Transportation/Traffic Designer................................120.00 Assistant 3D Laser Scanning Specialist.....................................110.00
Assistant Transportation/Traffic Designer.................................110.00 Principal 3D Laser Scanning Technician...................................110.00
Associate 3D Laser Scanning Technician....................................95.00
Principal Urban Designer........................................................$210.00 Assistant 3D Laser Scanning Technician.....................................85.00
Principal Project Planner...........................................................185.00
Senior Associate Planner...........................................................165.00 Photogtammetry Supervisor....................................................$140.00
Senior Planner.. .....155.00 Principal Photogrammetrist.......................................................115.00
......................................
Associate Planner.....................................................................130.00 Associate Photogrammetrist......................................................105.00
Assistant Planner.......................................................................110.00 Assistant Photogrammetrist.......................................................100.00
Principal Landscape Architect.................................................$210.00 Computing&Mapping Director..............................................$180.00
Principal Project Landscape Architect............................ 185.00 Principal Survey Analyst...........................................................165.00
Senior Associate Landscape Architect/Manager.......................155.00 Associate Survey Analyst..........................................................130.00
Associate Landscape Architect/Manager..................................140.00 Assistant Survey Analyst...........................................................105.00
Assistant landscape Architect/Manager...................................120.00
Principal Landscape Designer...................................................110.00 Associate Project Administrator................................................$70.00
Associate Landscape Designer..... .....105.00 Assistant Project Administrator...................................................60.00
Assistant Landscape Designer.....................................................95.00 Administrative Assistant..............................................................65.00
Principal Environmental Project Manager.................................165.00
Associate Environmental Project Manager................................150.00
Assistant Environmental Project Manager................................130.00
Principal Environmental Specialist...........................................117.00
Associate Environmental Specialist..........................................112.00
Assistant Environmental Specialist...........................................107.00
Environmental Technician._........................................................84.00
i
i
B-2
EXHIBIT C
Items Provided by City
Survey CAD files
Copies of all relevant project documents
C-1
EXHIBIT D
Location Schedule
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Atascadero California • San Luis Obispo County
D-1
EXHIBIT E
Insurance Requirements
The Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Consultant, its agents,representatives, employees, or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
I (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence, on a claims made basis.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional
insureds as respects: liability arising out of activities performed by or on behalf of the
Consultant; products and completed operations of the Consultant; premises owned, occupied or
used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to the City, its
officers, official, employees, agents or volunteers.
E-1
Insurance Requirements
2. 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.
3. The Consultant's insurance shall apply separately to each insured against whom claim 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
canceled or amended by either party, 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 rating of no
less than ANII.
Additional Insured. The City of Atascadero will to be 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 fumish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting 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.
E-2