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HomeMy WebLinkAbout2020-001 MNS Engineers, Inc.CITY OFATASCADERO CONTRACT NUMBER.- 0 UMBER:0 - Oo ( CITY OF ATASCADERO CONTRACT WITH MNS ENGINEERS, INC. for C2019W01 TRAFFIC WAY SANITARY SEWER IMPROVEMENTS PROJECT DESIGN SERVICES CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO MNS ENGINEERS, INC. THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and MNS Engineers, Inc. ("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. rev 5/1/06 792119.3 City of Atascadero MNS Engineers, Inc. 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. rev 5/1/06 2 792119.3 City of Atascadero MNS Engineers, Inc. 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. rev 5/1/06 792119.3 City of Atascadero MNS Engineers, Inc. 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. 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: rev 5/1/06 4 792119.3 City of Atascadero MNS Engineers, Inc. W .. 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 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. rev 5/1/06 792119.3 City of Atascadero MNS Engineers, Inc. 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 rev 5/1/06 792119.3 City of Atascadero MNS Engineers, Inc.- _ 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 agrees to indemnify and hold harmless City and any and all of its officials and employees ("Indemnified Parties') from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs 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, however, only to the extent caused by, and on a percentage basis of fault as ultimately determined by a court of competent jurisdictions. 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 agrees to indemnify, defend and hold harmless City, and any and all of its employees and officials 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 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. rev 5/1/06 % 792119.3 City of Atascadero MNS Engineers, Inc. L-4 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. 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. 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 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.), rev 5/1/06 792119.3 City of Atascadero MNS Engineers, Inc. !� 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. 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. rev 5/1/06 792119.3 City of Atascadero MNS Engineers, Inc. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. rev 5/1/06 10 792119.3 City of Atascadero MNS Engineers, Inc. 'r6. fin 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 Public Works 6500 Palma Avenue Atascadero, CA 93422 Consultant MNS Engineers, Inc. James A. Salvito 811 EI Capitan Way, Ste. 130 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 29th day of January, 2020 by the parties as follows. Approved as to form: Counsel for consultant Approved as to form: MNS ENjGINEERS, By: W - 1 ' '41F James A. Salpito, Pqdsidesf and CEO CITY OF ATASCADERO wJ� Y• C11c Brian Pierik, City Attorney Rachelle Rickard, City Manager rev 5/1/06 11 792119.3 City of Atascadero MNS Engineers, Inc. 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 James rev 5/1/06 12 792119.3 ent and CEO EXHIBIT A Scope of Services Scope of Work shall be as defined in the Consultant's revised proposal, dated January 27, 2020, and as summarized in Exhibit A. Consultant shall provide all services required to prepare a single PS&E package for replacement of approximately 3,900 linear feet of gravity sewer main, and associated improvements. DESIGN PHASE SERVICES 1. Project Management, QA/QC, and Meetings a. Project Management — including project coordination, invoicing and monitoring of project budget. b. Quality Assurance/Quality Control c. Design Meetings — Includes project kickoff meeting, and design review meetings at 30%, 60% and 95% milestones. 2. Geotechnical Testing and Recommendations Report (subconsultant) a. Initial Geotechnical Investigation— Includes desktop review and 8-10 geotechnical test borings. b. Geotechnical Report — Develop Draft and Final Geotechnical Design Reports in support of the Project. 3. Topographic Survey a. Consultant to provide topographic survey as necessary to complete design services. b. Consultant to prepared boundary survey with sufficient detail to verify proposed improvements are within City right-of-way and research of existing centerline monumentation in support of monument preservation and perpetuation. 4. Project Utility Research and Coordination a. Consultant will contact utility agencies with below -grade facilities in the project area to obtain atlas maps and other available information. b. Consultant will incorporate received information into the project base map. 5. Preliminary Engineering and Design Drawings (30% Submittal) a. Consultant will prepare a preliminary design package for City's review and comment (plans and cost estimate) A-2 City of Atascadero MNS Engineers, Inc. 6. Plans, Specifications and Estimates (P,S&E) a. Consultant will prepare 60%, 95% and 100% Plans, Specifications and Estimates for City review. b. Constructability Review — Consultant will conduct an internal constructability review prior to the 95% design submittal. 7. Bid and Award a. Consultant will support the City during bidding of the project. b. Assist with Pre-bid RFIs. c. Consultant to provide information to the City for pre-bid Addendum d. Consultant will incorporate addenda into Construction PS&E set. 8. Supplemental Services — The City may elect to include work scoped in the original proposal (dated January 10, 2020), associated with Pipe Bursting. This work includes: a. Additionally geotechnical investigation. b. Pipe bursting memorandum. c. Consultant will incorporate pipe bursting recommendations into Construction PS&E set. DELIVERABLES 1) Meeting agendas and minutes. 2) Draft and Final Soils Report (subconsultant). 3) Topographic mapping in AutoCAD format. 4) Utility base mapping on topographic map. 5) Preliminary plans and preliminary cost estimate. 6) 60%, 95% and 100% Plans, Specifications and Cost Estimate. 7) Response to contractor RFI's, contract addenda, and conformed contract documents. rev 5/1/06 2 792119.3 EXHIBIT B Compensation and Method of Payment TOTAL COST OF CONTRACT NOT TO EXCEED WITHOUT PRIOR WRITTEN AUTHORIZATION Base Contract Supplemental Scope (City Option) $231,840.00 $173,949.00 $57,891.00 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. ent and CEO ME r EN:GI\1EERS ISG 2019 STANDARD SCHEDULE OF FEES ENGINEERING Principal Engineer—_ $240 Lead Engineer --__215 ___3215 Supervising Engineer —20D SeniasrProjectEngineer— _-185 Project Engineer----- 170 Associate Engineer ___ 155 Assistant Engineer _ 140 SURVE`i ING Principal Surveyor _ _$225 Lead Surveyor ___3215 Supervising Surveyor —200 Senior Project Surveyor 180 ProjectSurveyor—__— 150 Senior Land Title Analyst___ I S5 Associate Project Simveyor_ 145 Assistant Project Surveyor_ _ 130 Parry Chief .---.--155 Stonnwater Specialist—_—._ Chainperson_ 135 One -Person Survey Crew_ —185 DIRECT EXPENSES PR&JEa_Te'FRO =RA" M 1,1ANAGEMENT Principal -In -Charge— $275 Senior Project/Program Manager—.25D Project(Program Manager—..—.210 Assistant PrajectJProgram Manager 180 Senior Project Coordinator 155 Project Coordinator—_—125 CONSTRUCTION MANAGEMENT Principal Consvtacdon Manager__$2S0 Senior Construction Manager 235 Resident Engineer--_ 210 Structisre Representative 190 Construction Manager— 185 Assistant Resident Engineer_ 1 6S Construction Inspector (PW) 152 Office Administrator—_ 105 TECHNICAL SUPPORT CADD Manager_ —$160 Supervising Technician —145 Senior Tedsnioan._ —__—_135 Engineering Technician.—.__105 ADM INISTRATI'v'E S'ISPP'Oi?T Senior MaragementAnalyst—$160 Managemen-An3Fr- [135 Administrate•.* Analyst__—_115 ITTechnician—_-- 110 Graph"kslVisual"rzathon Specialct—_ 100 Administrative Assistant ---75 GOVERNMENT SERVICES City Engineer $215 Deputy City Engineer _ 195 Assistant City Engineer—. 180 Plan Check Engineer 170 Permit Engineer 150 City Irsspector_ ____ 125 City Umpector a" 150 Principal Statmwater Specialist -155 Senior Stonnwater Speciaiis 140 Stonnwater Specialist—_—._ 125 Storrrmater Technician __ 115 Building Ofncial .—_.._175 Senior Building Inspector —150 Building Inspector __13S Planning Director— 185 Senior City Planner—. —160 Assistant Planner_ 145 Senior Grant Writer--_ 160 Grant Writer —.—___.__13S Grant Associate 105 Grant Assistant — --_--.—_85 Use of outside consultants as well as copies, blueprints, survey stakes, monuments, comp .Ker plots• telephone, travel (out of area) and all similar charges directly connected with the wort will be charged at cost plus fifteen percent (1556)_ Mileage"111 be charged at the current federal mileage reimbursement rate Expert Wimess services will be charged at three (3) times listed rate and will include all time for research deposition, court appearance and expert testimony. PREVAILING WAGE RATES Rates shown with Prevaiiinq Wage'(PV.1' annotation are used for field work on projects subje:t to federal or state prevailinq wage law and are subject to increases per DI R ANNUAL ESCALATION Standard fee rates provided for each Bassi -cation are subject to an annual escalation increase of 3.0r% starting January 1, 2020. OVERTIrr1E Overtime for non-exempt employees will be charged at 1.S x hourly rate: overtime for non-exempt employees and other classification Y411 be charged at 1 x hourly rate. N EXHIBIT C Items Provided by City Storm Drain and Sewer Atlas Maps Front -End Specifications C-1 EXHIBIT D Location Schedule Traffic Way Sanitary Sewer Improvements Atascadero, California D-1 oo Traffic Way Sanitary Sewer Improvements 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: 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, 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, 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, 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, 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 mail, 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 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. 658615.1 DRAFT 06/4/014:33 PM E-2