HomeMy WebLinkAbout2019-012 Rick Engineering CompanyCITY OF ATASCADERO
CONTRACT NUMBER:
aoIg- o ID,
CITY OF ATASCADERO
CONTRACT FOR
RICK ENGINEERING COMPANY
for
C2019R02 2020 F-14 PAVEMENT REHABILITATION PROJECT
City of Atascadero
Rick Engineering
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
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RICK ENGINEERING COMPANY
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:
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
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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 December 31, 2020, 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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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.
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.
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.
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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's, 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. 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.
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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 attorneys' fees and costs to the
extent same are caused in whole or in part by any negligence, 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 attorney's 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.
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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
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 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 acceptable to the City, which the
City may specify and change from time to time. Consultant shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
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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
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
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various sections are merely informational and shall not be construed as a
substantive portion of this Contract.
'-� *i�Z6
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
Department of Public Works
6500 Palma Avenue
Atascadero, CA 93422
Consultant Rick Engineering Company
Thomas E. Martin
1160 March Street, Ste. 150
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 25"' day of September, 2019 by the parties as follows.
Approved as to form:
Counsel for consultant
Approved as to form:
RICK ENGINEERING COMPANY
By:2404�Q
Thomat E. Martin
Rick Engineering Company
CITY OF ATASCADERO
By: �r y: 4�
Brian Pier(k, City Attorney Rachelle Rickard, City Manager
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CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I'm
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 E. Martin
Rick Engineering Comp ny
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EXHIBIT A
Scope of Services
Scope of Work shall be as defined in the Consultant's proposal, dated September 5, 2019,
(excepting work associated with obtaining utility atlas maps), and as summarized in Exhibit A.
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 2019-2020. In addition to the roadway pavement rehabilitation work, design of multiple areas of
ADA ramp improvements, drainage improvements and slope repair is also included in the scope of
work.
DESIGN PHASE SERVICES
1. Project Initiation
a. Identify project stakeholders
b. Receive input from stakeholders
c. Initial site visit with key design team members
d. Review design approach with Earth Systems
e. Hand sketch preliminary design approach
f. Utility Coordination — The consultant will coordinate with the utility purveyors during the design
process, with assistance from the City.
2. Surveying and Field Work (to be completed by subconsultant)
a. Topographic and Boundary Survey
b. Monument Perpetuation Research
3. Analysis and Engineering
a. Review Pavement Testing Report
b. Discuss report with Earth Systems and Determine Appropriate Design Approaches
c. Prepare Preliminary Cost Estimates
d. Drainage Study (minor calculations, as necessary)
4. Plans, Specifications and Estimates (P,S&E)
A-1
5.
a. Develop detailed design approach
b. Initial design phase up to 60% and submit to City for review.
c. Continued design phase up to 95% and submit to City for review
d. Final PS&E up to 100%
6. Bid Assistance
a. Prepare bid sheet
b. Assist with Pre-bid RFls
c. Prepare Pre-bid Addendum
d. Final PS&E Set
7. Project Management
DELIVERABLES
I ) Design recommendations and preliminary cost estimates in PDF and Microsoft Excel
2) Topographic mapping and monumentation in AutoCAD
3) 60% PS&E
4) 95% PS&E
5) 100 % PS&E for bidding
6) 100% PS&E on mylar, stamped and signed
7) Final PS&E in AutoCAD 2014, Microsoft Word, and Microsoft Excel
A-2
s�
City of Atascadero
2019 F-14 Pavement Rehab Design
Task I Description I Ulm 1w.cttyl Rate I Extended Price
A-3
TOTAL $ 210,640.00
13,320.00 /
5 7,440.00
5 76.580.00 /
$ 53.180.00
$ 13,580.00 /
5 5.500,00 ✓
Kick -Off Meeting, Site Visit, and Initial Cance tual Desi n
_
Associate
HR
8
5
215.00
5
1.720.00
Principal P,gea Engineer
I HH
1 1 20
1 1 5
150.00
5
3.800.00
Princl al En Ineerin D.;
I HR
1 20
1 5
140.00
5
211mm
u
Associate Engineering Designer
IIR
20
5
130,00
.a
Utility Coordination
Associate Cn in n Desi n
Im
a
$
130.00
5
Topa aphic&Aerial,Boundarv,and Monument PerPetpation
curve
in
Subconsultnnt(T&M Coat +15%MU)
IS
1
$
49.000.00
5
44L\CXCI
yN�
Review& Collaborate with ESP
Pdndpal Project Engineer
HR
16
1 5
190.00
5
3.040.0
S c
Principal Engineering Des,goes
I HR
8
5
140.00
5
1.170.00
w
Subcunsultant (T&M Cost a15Ye MU)
t5
1
$
3,280.00
5
3,280.LC
60% Design and Cost Estimate
Associma
HR
12
$
215.001
5
2,580.00
Principal Project Engineerr
MR
80
$
190.00
$
15.200.0
Principal Eneineerin Oesl nor
HR
120
$
140.00
$
16.803.00
Assocmte Engineering Designer
HR
120
5
130.00
5
15.EW,OU
Associate En,Io eror,Desi net
HR
120
$
130.00
5
15600.00
Assistant En Ineerin Drafter
HR
120
S
90.00
5
10.800.00
95%Design and PS&E
Associate
till
12
5
215.00
5
2,580.00
Marinal Project En ineer
HR
OO
$
190.00
5
11.400.0
Pdndnal E.,ince, Des, ner
HR
BO
5
]40.00
5
11,200.00
e
Associate Engineering Designer
HR
80
$
130,001
5
10,400.90
Auociate En ineerin, Oasi n r
HR
80
5
130.00
5
W,40).00
Assistant En Ineerin Drafter
HR
80
S
90.001
S
720).00
100%Design and PS&E
Assxlate
Hfl
12
$
215.00
5
2580.00
Principal Pro'ecI bi sneer
HR
20
5
150.00
S
3,80000
Princl al En ineerin Oes1 nor
HR
20
S
140.00
5
2.800.00
Anodate Engineering Designer
HR
20
5
130.00
$
2,600.0
Associate [n ineerin Desi par
IIR
20
$
130.00
A,,I,Unl fir in ri Diaper
HR
20
$
40.00
5
1.800.00
aid Sheet
Principal Project En ineer
H0.
4
5
190.00
5
760.00
Assxiafe Engineerin Design.,
HR
8
5
130.00
1 5
1,040.00
a
Pre -Bid RFIS, Meeting, Addendum, & Bid Opening
Princl al Pra ea in
8
90.0
1i1;1.UC
or
eEn
Prncl al En inerinR Desner
HRR
16
2,240.0
Reimbursable& (Cost plus 15% Markup)
¢
Trzvel Evperees
L$
1
$
500.00
1 5
S03.00
z
Printing & Ph.t.t.py I
IS
I 3 I
$
500,001
5
500.00
O
Projeer Oversight
principal I
HR
$
15.00
$
SPJ.GC
A-3
TOTAL $ 210,640.00
13,320.00 /
5 7,440.00
5 76.580.00 /
$ 53.180.00
$ 13,580.00 /
5 5.500,00 ✓
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $210,640.00
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
Yifcl1J *a'q t
Thomas E. Martin, PE
G-il
EXHIBIT C
Items Provided by City
Utility Atlas Maps
Front -End Specifications
Analysis and/or Recommendations, and Testing Results
C-1
EXHIBIT D
Location Schedule
2020 F-14 PMP Project
Atascadero, California
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:
I. 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, 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:
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 ANIL
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 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.
E-2