Loading...
HomeMy WebLinkAbout07/06/1999, C2 - ENVIRONMENTAL MONITORING - SANTA ROSA STREET BRIDGE CONSTRUCTION Dcouncil 'try 6, 1999 A ac cn ba Repom 'C2 CITY OF SAN LUIS OBISPO FROM: Michael D. McCluskey,Director of Pu -- Prepared By: Barbara Lynch, Civil Enginee SUBJECT: ENVIRONMENTAL MONITORING- SANTA ROSA STREET _ BRIDGE CONSTRUCTION CAO RECOMMENDATION 1. Approve the award to and execute the agreement with Morro Group in the amount of$43,170 for Environmental Monitoring for Santa Rosa Street Bridge Construction. 2. Appropriate 5634 from the unappropriated balance of the General Fund and $2,536 in grant revenue and move it into the Santa Rosa Street Bridge construction account for environmental monitoring. DISCUSSION On May 0 the City Council authorized staff to advertise for proposals for environmental monitoring during the construction of the new Santa Rosa Street Bridge. The environmental monitor will be present to ensure requirements of the Federal and State regulatory agencies are met. In addition, the monitors are approved by the agencies to relocate endangered species accidentally trapped in the work site. The monitor, in conjunction with the City's inspector,will also be responsible to ensure mitigation required by the environmental clearance is completed. Proposals were opened on June 2od. Three proposals were received. The proposals were ranked based on the evaluation criteria set forth in the Request for Proposals. An average ranking was taken to develop the priority list. Half of the rating weight was given to the Consultant's experience in providing such services. Most of the remaining half was given to the qualifications and availability of staff. Monitoring requirements can vary greatly during the duration of the project. Staffwished to ensure adequate monitors would be available on short notice to address any issues that arose. Morro Group showed they not only had the experience, as all the companies did, but also a large contingency of monitors for the various aspects. They were the only company to include a Native American as part of the archeological monitoring. Summary of Rankings for Consultant Services Company Name Points(100 max) Morro Group 96 Essex 86 San Marino Environmental 80 C2-1 Council Agenda Report—Environmental Monitoring Santa Rosa Bridge Construction Page 2 FISCAL IMPACT Funds for the construction of Santa Rosa Street Bridge were approved in the 1997-99 Financial Plan Supplement, during the 1998-99 budget request period. $40,000 was budgeted for environmental monitoring on May 18th when the City Council authorized advertising of the construction for bids. The cost proposal from the consultant indicates they anticipate the cost of the monitoring will be about $39,000. They are recommending a contingency finding of$4,000 to cover unanticipated issues during construction. As there are almost always such circumstances, staff agrees this is an appropriate recommendation. The contingency finding would only be used if something came up during construction. $5,200 is allotted in the contract to monitor the establishment of the revegetation and complete regular reporting to the regulatory agencies. The total estimated costs for monitoring are$43,170. ATTACB 0NTS Agreement %1a55 rtmn %W\g=pslpNmrkslergr\_turrerR pmfflCM OrWgas\S.4 sanm rosakmTf rptv\emr=nimr am.tlx `''2-2 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of July 1999 , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Morro Group, hereinafter referred to as Consultant. WITNESSETH: WHEREAS, in June 1999, City requested proposals for Environmental Monitoring of the Santa Rosa Street Bridge Replacement Project and associated work per Specification No. 93- 44H: WHEREAS, pursuant to said request, Consultant submitted a proposal which was accepted by City for said project: NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: GENERAL TERMS AND CONDITIONS 1. Contract Requirement. The bidder to whom award is made (Consultant) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 2. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages, and amounts specified in this request within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 3. Business Tax. The Consultant must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805)781-7134. 4. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services. 5. Incorporation by Reference. The attached Consultant's proposal dated June 2, 1999, is hereby incorporated in and made a part of this Agreement. 6. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to C2-3 carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 7. Laws to be Observed. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 8. Payment of Taxes. The payment to the Consultant shall include full compensation for all taxes-which the Consultant is required to pay. 9. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 10.Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 11.Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 12.Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of the Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 13.Immigration Act of 1986. The Consultant warrants on behalf of itself and all subconsultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 14.Consultant Non-Discrimination. In the performance of this work, the Consultant agrees that it will not engage in, nor permit such subconsultants as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 15.Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive. liquidated damages which may have accrued for failure to complete on time, due to any C2-4 of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 16.Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Consultant (Net 30). 17.Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished,-if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 18.Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Consultant in preparing its invoices to City as a condition precedent to any payment to Consultant. 19.1interests of Consultant. The Consultant covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants that, in the performance of this work, no subconsultant or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent contractor and not an agent or employee of the City. 20.Hold Harness and Indemnification. The Consultant agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and a#claims asserted or rabiTity established for damages or injuries to any person or property, inclucOng injury to the Consultant's employees, agents of officers which arise from of are connected with of are caused or claimed to be caused by the acts or omissions of the Consultant, and its agents, officers of employees, in performing the work or services herein, and aff expenses of mvestigatvul and defending against same; provided, however, that the Consultant's duty to indemnify and hold harmless shall not mdude any claims or GabiTity arising from the established safe negligence or wi7lfu/misconduct of the cty, its agents, officers of employees. 21.Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 22.Terni[nation. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform; which notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. C2-5 If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's_Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the . Consultant shall be based solely on the City's assessment of the value of the work-in- progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal. 23.0ty's obligations. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefor: Compensation for Pre-activity Report at hourly rates not to exceed $660. Compensation for training and environmental monitoring services during construction at hourly rates and expenses identified in the Consultants proposal for actual hours worked by Consultant not to exceed $27,760 without prior authorization. Compensation for Completion Reports at hourly rates not to exceed $5,480. Compensation for environmental monitoring services for a three year period after construction at hourly rates and expenses identified in the Consultants proposal for actual hours worked by the Consultant not to exceed $3,320 without prior authorization. Compensation for annual reporting at hourly rates not to exceed $1,950. 24.Consultant's obligations. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement. 25.Amendments. Any amendment, modification, or variation from the temps of this Agreement shall be in writing and shall be effective only upon approval by the City Engineer. 26.Complete agreement. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement,understanding,or representation not reduced to writing C2-6 and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding,or representation be binding upon the parties hereto. 27.Notice. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Barbara Lynch City of San Luis Obispo Morro Street San Luis Obispo, CA 93401 Consultant Mary Reents Morro Group 1422 Monterey St., Suite C200 San Luis Obispo, CA 93401 SPECIAL TERMS AND CONDITIONS 28.Fde Retention. The selected Consultant will be required to retain all documents relating to the project for a period of three years after the completion of the construction of the bridge. 29.Consultant Responsibilities. The Consultant shall make themselves thoroughly familiar with the requirements of the various regulating agencies. The Consultant will be given the responsibility as required in the permits to stop work in the event of adverse affects to steelhead and their habitat. Non-compliance activities observed by the Consultant, which are not brought to the attention of the Contractor hired by the City for completion of the bridge project, and to the City, shall be the responsibility of the Consultant. The Consultant will assume all efforts and costs for any remediation required by the agencies for those activities. The project completion report for the agencies shall be completed within the time frames identified in the permits. The report is to be submitted to the City for review at least 3 days prior to the submittal to the agencies. The City will complete the annual follow up reporting. 30.Ownership of Documents. All photos, drawings, reports and other documents prepared or obtained under the terms of the agreement shall become the property of the City and shall be made available to the City upon request without restriction or limitation on their use. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. C2-7 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation By: _ City Administrative Officer APPROVED AS TO FORM: Consultant By: /wom/l* C2-8