HomeMy WebLinkAbout2018-010 Wallace GroupCITY OF ATASCA _RO
CONTRACT#
CITY OF ATASCADERO
CONTRACT FOR
WALLACE GROUP
for
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2018-2019 MEASURE F-14 PAVEMENT REHABILITATION DESIGN
SERVICES
CONSULTANT SERVICES AGREEMENT
CITY OF ATASCADERO
WALLACE GROUP
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City") and Wallace Group ("Consultant'). City and Consultant agree
as follows:
SCOPE AND STANDARDS:
A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City. 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 Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this
Contract shall terminate no later than June 30, 2019, unless extended by the mutual
agreement of both parties.
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.
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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.
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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. Should the City re -start the project with a different Consultant, the City agrees to
hold Consultant harmless from all damages, claims, expenses, and losses arising out of any
reuse of plans, specifications, drawings, maps, models, computer files and other documents,
unless written authorization of Consultant is first obtained.
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. Should the City re -start the project with a different Consultant, the City
agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising
out of any reuse of plans, specifications, drawings, maps, models, computer files and other
documents, unless written authorization of Consultant is first obtained.
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
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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 parties, including the non -releasing
party's attorney's fees and disbursements, including without limitation expert's fees and
disbursements.
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 except as set forth in Exhibit C. 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.
B. 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.
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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. 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.
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
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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 attorneys fees and costs to the
extent same are caused in whole or in part by any negligence or wrongful 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. Consultant's duty to defend
shall consist of reimbursement of defense costs incurred by City in direct proportion to the
Consultant's proportionate percentage of fault. Consultant's percentage of fault shall be
determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or
damage is incurred by way of settlement or resolution without a court, jury or arbitrator having
made a determination of the Consultant's percentage of fault, the parties agree to mediation
with a third party neutral to determine the Consultant's proportionate percentage of fault for
purposes of determining the amount of indemnity and defense cost reimbursement owed to the
City. 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.
The proportionate rule, limiting Consultant's duty to defend to the City as referenced above,
does not apply where: (1) one or more defendants is unable to pay its share of defense costs
due to bankruptcy or dissolution of the business; (2) a project -specific general liability policy
insures all project participants for general liability exposures on a primary basis and also covers
all design professionals for their legal liability arising out of their professional services on a
primary basis; or (3) there is a design professional who is a party to a written design -build joint
venture agreement.
If one or more defendants are unable to pay its share of defense costs due to bankruptcy or
dissolution of the business, then the other the design professionals must meet and confer with
other parties regarding unpaid defense costs and determine their proportion of responsibility.
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 attorneys fees and costs, court costs, interest, defense
costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any
way attributable to, in whole or in part, the performance of this Agreement by 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
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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
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 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 only be for that portion or percentage of
liability attributable to the active negligence of Consultant or anyone for whom Consultant is
legally liable
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 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 an 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
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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
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.
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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.
1. 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
Go"-Memagep 0lizite-Twfu JPF P%I*.tc.w-or-IGS
6500 Palma Avenue
Atascadero, CA 93422
Consultant Wallace Group
Dace B. Morgan, PE
612 Clarion Ct.
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 to this 10th day of October, 2018 by the parties as follows.
Approved as to form: WALLACE GROUP
0
Counsel for consultant
Approved as to form:
6. '/
Brian Pierik, City Attorney
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'Thorrl0.S Z2hrxtCr, PE
CITY OF ATASCADERO
ow
By:
61" 2,
Rachelle Rickard, City Manager
City of Atascadero
Wallace Group
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I 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
'Thomas n , PE
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Scope of Work
Scope of Work shall be as defined in the Consultant's final Scope of Work Letter, dated October 1,
2018 and as summarized in the following outline.
Consultant shall provide all services required to prepare a single PS&E package that includes
roadways identified as Pavement Rehabilitation Project for the Atascadero Measure F-14 Project for
the Fiscal Year 2018-1019. Services shall include:
Land Survey Services: Consultant shall prepare topographic and right of way survey of the
project area in a manner that targets providing sufficient mapping information for the type of
pavement rehabilitation proposed along each of the roadways. The mapping information,
along with the located monuments and record right of way lines, will be compiled into the
survey base map. A survey control sheet for each of the roads to be included in the
construction documents
Pavement Analysis and Engineering (including Drainage Improvements): In close coordination
with the City of Atascadero (City), the Consultant will review the Pavement Rehabilitation
Report and identify final treatment options and specific limits. The Consultant will also review
a preliminary drainage approach and conform/edge conditions as well as any utility
considerations. Based on the final pavement treatment recommendations, Consultant will
prepare a brief memorandum documenting the final pavement treatments and a preliminary
estimate of probable construction costs broken down by segment of road. The Consultant will
also provide drainage recommendations for the 30" culvert at Del Rio Road/San Gregorio
Road, the pavement swale at Garcia Road/Santa Cruz Road and at seven existing cross
culverts.
Preparation of Plans, Specifications and Estimates (PS&E): Consultant will prepare PS&E for
the various project roadways. The level of details will be tailored to the level of rehabilitation
treatment anticipated as outlined in the RFP. PS&E will be submitted at 60%, 90% and Final
documents stages. Utility Mapping and Coordination is included as a subtask of PS&E
preparation.
4. Project Management and Meetings: Consultant will prepare for and attend a kickoff meeting
and two design meetings. General project management to be completed by the consultant
includes scheduling and coordinating resources, consulting with the City as needed, and
preparation of invoices.
Bidding and Award Assistance: Consultant will respond to RFI's and assist the City with
preparation of addenda and revisions to the plans and specifications, as appropriate (up to
total of 12 hours).
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EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $167,739.00
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 the amount listed above.
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 cost basis indicated herein unless other terms are acceptable to City.
Payment will be made within 30 days after receipt and approval of invoice.
Payments to the Consultant in excess of the contract amount listed above 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
i
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Method of Payment
Engineering, Design 8: Support Services: Prevailing Wage'
Assistant Designer/Technician......................................... $ 70
Designer/Technician 1 - IV .............................................. $ 75-$105
Senior Designer I - III ..................................................... $138.$148
GIS Technical Specialist ................................................. $130
Senior GIS Technical Specialist ......................................... $145
Associate Engineer I - II ................................................. $ 95-$105
Engineer I - IV............................................................. $140-$155
Senior Engineer I - 111 .................................................... $160-$170
Director.................................................................... $175
Principal Engineer........................................................ $190
Principal................................................................... $195
Surveying Services:
Associate Survey Technician ........................................... $ 85
One -Person Survey Crew ................................................ $160 ................................ $190
Two -Person Survey Crew ................................................ $195 ................................ $280
Three -Person Survey Crew .............................................. $272 ................................ $370
Survey Technician I - IV ................................................. $115-$139
Land Surveyor I - 111 ...................................................... $145-$155
Senior Land Surveyor I - III .............................................. $160-$170
Director.................................................................... $175
Construction Management / Field Inspection Services:
Construction Office Tech 1-111 ........................................ $ 80-$100
Construction Inspector I - II ............................................. $110-$126 .............. 5130- 140
Senior Construction Inspector .......................................... $142 ..................... $155
Assistant Resident Engineer I - II ....................................... $125-$135
Resident Engineer I - III ................................................. $140-$156
Senior Resident Engineer ................................................ $160
Director.................................................................... $170
Support Services:
Office Assistant...........................................................$ 60
Project Assistant I - III ................................................... $ 75-$ 85
Additional Professional Services:
Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at
the rate of $300 an hour. As authorized in advance by the Client, overtime on a project will be billed
at 1.5 times the employee's typical hourly rate.
Direct Expenses:
Direct expenses will be invoiced to the client and a handling charge of 15% may be added. Sample
direct expenses include, but are not limited to the following:
• travel expenses
• delivery/copy services
• sub -consultant services
• mileage (per IRS rates)
658615.1
DRAFT 0&4/014:33 PM B-2
• agency fees
• other direct expenses
EXHIBIT C
Items Provided by City
None
rev 5/1/06 C -t
792119.3
EXHIBIT D
Location Schedule
658615.1
DRAFT 06/4/01 433 PM 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 1 (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.
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 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.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance,
except for Professional Liability and Workers Compensation, 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
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 rating of no less
than ANIL
658615.1
DRAFT 0614/014 33 PM E-1
Additional Insured
The City of Atascadero will need 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 furnish 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.
rev 5/1/06 E-2
792119.3