HomeMy WebLinkAbout11/18/2003, C7 - DOWNTOWN UTILITY PIPELINE REPLACEMENT PROJECT ARCHEOLOGICAL SERVICES, SPECIFICATION NO. 90245A ( � j I
council 'Kov`18,
2003
j agenda REpoRt �N (!
CITY OF SAN LUIS OBISPO
FROM: Michael D. McCluskey, Director of Public Worl �
Prepared By: Barbara Lynch, Civil Engineer
SUBJECT: DOWNTOWN UTILITY PIPELINE REPLACEMENT PROJECT
ARCHEOLOGICAL SERVICES,SPECIFICATION NO. 90245A
CAO RECOMMENDATION
Approve the award to,and authorize the Mayor to execute a contract with Applied Earthworks in
the amount of $80,000 for archeological services on the Downtown Utility Pipeline Replacement
project—January 2004, Specification No. 90245A
DISCUSSION
On October 7h, the City Council authorized staff to advertise for proposals to perform
Archeological monitoring for the upcoming downtown pipeline project anticipated to start in early._
January 2004. The pipeline work is being undertaken at this time at the request of the Downtown
Association in the hopes of completing the majority of the work needed for the existing
infrastructure downtown by the time the Copeland projects are complete.
Staff advertised the Request for Proposals and received four proposals. The proposals were
reviewed by staff from Engineering; Utilities and Community Development.. Staff looked for
consultants with proper qualifications, similar experience, familiarity with the City and its history
and for a proposal that presented a reasonable and cost effective approach to the work. After the
review, the ranking of the consultants was as follows:
I. Applied Earthworks
Z.TRC
J.CRMS
4.LSA
FISCAL IMPACT
Funding for the archeological work will come from the Collection System Improvement Account
and Water Distribution System Improvement Account, which currently have balances of
$674,000 and $879,000 respectively, to support this project.
Sewer Fund Water Fund Total
Monitoring: $ 71,400 $ 8,600 $ 80,000
Contingencies: $ 17,900 $ 2,100 $ 20,000
Total Monitoring Budget: $89,300 $10,700 $ 100,000
Downtown Utility Pipeline Replacement Archeological Services,Specification No. 90245A
Page 2
Staff is recommending a larger than normal contingency due to the large number of variables
inherent in this type of project. Costs are dependant upon the operation of the Contractor, the
number of artifacts discovered and whether or not new features are found.
ATTACHMENTS
Attachment I -Agreement
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AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this
day of November, 2003, by and between the CITY OF SAN LUIS OBISPO, a
municipal corporation, hereinafter referred to as City, and Applied Earthworks hereinafter referred
to as Consultant.
WITNESSETH:
WHEREAS, on October 8, 2003, City requested proposals for Archeological Monitoring
Services for the 2004 Downtown Pipeline project per Specification No. 90245A.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted
by City for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. 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..
2. Incorporation By Reference. City Specification No. 90245A and Consultant's proposal
dated October 30, 2003, are hereby incorporated in and made a part of this Agreement.
3. Start and Completion of Work. Work on this project shall begin within 5 working days
after contract execution and shall be completed within 45 working days after the
completion of the construction work.
Any special site excavation and documentation work undertaken during the duration of the
construction shall be conducted in the most expeditious manner to minimize delays to the
construction operations.
4. Liquidated Damages. In the event that the Consultant does not meet the work
completion date specified in this agreement, payment to the Consultant shall be reduced in
the amount of$100.00 dollars per working day for each day that exceeds the completion
date indicated in this agreement. As the delay in the completion of work will effect the
efficient operation of the City to an extent incapable of precise calculation, said reduction is
established as the nearest measure of damages for such delay that can be fixed at this
time, and is not established as a penalty or forfeiture for the breach of agreement to
complete the work. Said reductions may be invoked if completion of work exceeds the
specified time for any reason unless previously agreed to in writing under the conditions of
this agreement.
5. Accuracy of Specifications In the event that any dispute arises as a result of any actual
or alleged ambiguity or defect in the plans and/or specifications, or any other matter
whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and
all sub-consultants shall continue to perform, irrespective of whether or not the ambiguity
or defect is major, material, minor or trivial, and irrespective of whether or not a change
Archeological Monitoring Services Agreement, Specification No. 90245A
Page 1
C-3
order, time extension, or additional compensation has been granted by City. Failure to
provide the hereinbefore described written notice within one working day of Consultant's
becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right
to assert the causative role of the defect or ambiguity in the plans or specifications
concerning the dispute.
6. 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 that may have
accrued for failure to complete on time, due to any of the above, after hearing evidence as
to the reasons for such delay, and making a finding as to the causes of same.
7. 't` City's Obligations. For providing services as specified in this Agreement, City will pay
and Consultant shall receive therefore a total compensation not to exceed $ 80,000.
Progress payments shall be made on a monthly basis as invoiced by Consultant with
cumulative monthly payments not to exceed individual task totals identified in the
Consultants proposal without prior written authorization by the City.
Consultant shall be reimbursed for hours worked at the hourly rates attached to this
agreement: Hourly rates include direct salary costs, employee benefits, overhead and fee.
In addition, Consultant shall be reimbursed for direct costs other than salary, per diem
and vehicle costs that have been identified and are attached to this agreement.
8. Consultant's Obligations. For and in consideration of the payments hereinbefore
mentioned to be made by City, Consultant agrees with City to do everything required by
this Agreement and the said specification, as outlined in Consultants proposal and
summarized as described in Exhibit A.attached hereto and incorporated into this
Agreement.
The Consultant's Project Manager shall provide written updates every month covering the
status of the project, any difficulties or set backs encountered and identification of any
budgetary inadequacies anticipated.
The Consultant shall deliver a monthly invoice to the City, itemized by work items, with
detailed support documentation attached. Field monitoring work, cleaning/cataloging/
research, and administration shall be identified separately on the billing.
9. Staffing Qualifications. All employees at the level of crew chief or higher must be
Registered Professional Archeologists. Proof of registration shall be provided to the City
prior to employing that individual on the project. Technician staff may be used under the
direction of a registered person.
10. Amendments. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City
Engineer of the City.
Archeological Monitoring Services Agreement, Specification No. 90245A
Page 2
C7'7
11. 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
carry out and complete the work hereunder incompliance with any and all federal, state,
county, city, and special district laws, ordinances, and regulations.
12. 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.
13. Payment of Taxes. Payment to Consultant shall include full compensation for all taxes
that the Consultant is required to pay.
14. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary.
15. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
16. 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
6ity, 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.
17. 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 resulting from 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.
18. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-
consultants 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.
19. Consultant Non-Discrimination. In the performance of this work, the Consultant agrees
that it will not engage in, nor permit such sub-consultants 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.
20. 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).
21, 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.
Archeological Monitoring Services Agreement, Specification No. 90245A
Page 3
22. 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.
23. Interests of Consultant. The Consultant covenants that.it presently has no interest, and
shall not acquire any interest, direct, indirect or otherwise, that 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 sub-consultant 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 Consultant and not an agent or employee of
the City.
24. Hold Harmless 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 all claims asserted or liability established for damages or injuries to
any person or property, including injury to the Consultant's employees, agents or
officers that arise from or are connected with or are caused or claimed to be caused
Py the acts or omissions of the Consultant, and its agents, officers or employees, in
performing the work or services herein, and all expenses of investigating and
defending against same;provided, however, that the Consultant's duty to indemnify
and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the City, its agents, officers or
employees.
25. 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.
26. Termination. 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 defector failure to perform. This notice must give the
Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work
or cure the deficiency.
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
Archeological Monitoring Services Agreement, Specification No. 90245A
Page 4
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.
27. Ownership of Materials. All collected artifacts, original drawings, plan documents and
other materials prepared by or in possession of the Consultant as part of the work or
services under these specifications shall become the permanent property of the City, and
shall be delivered to the City upon demand.
Artifacts shall remain in San Luis Obispo County at all times.
28. Release of Reports and Information. Any reports, information, data, or other material
given to, prepared by or assembled by the Consultant as part of the work or services under
these specifications shall be the property of City and shall not be made available to any
individual or organization by the Consultant without the prior written approval of the City.
29. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is
required to furnish in limited quantities as part of the work or services under these
specifications, the Consultant shall provide such additional copies as are requested, and
City shall compensate the Consultant for the costs of duplicating of such copies at the
Consultant's direct expense.
30. Required Deliverable Products. The Consultant will be required to provide:
2 hard copies of the draft and the final monitoring plan addressing all elements of the
workscope and requirements of CEQA and the City's Archeological Guidelines by
December 18, 2003.
3 hard copies of the draft and final project report, and 1 electronic copy, Acrobat Adobe
format of the final report. Required number of copies to the Central Coast Historical
Resources Information Center.
City staff will review any documents or materials provided by the Consultant and, where
necessary, the Consultant will be required to respond to staff comments and make such
changes as deemed appropriate.
Computer files must be on 31/z", high-density, write=protected diskettes or CD's formatted
for use on IBM-compatible systems. Each diskette must be clearly labeled and have a
printed copy of the directory. Alternatively, files may be emailed to the City.
31. Attendance At Meetings And Hearings. As part of the workscope and included in the
contract price is attendance by the Consultant at up to 2 public meetings to present and
discuss its findings and recommendations. Consultant shall attend as many"working"
meetings with staff as necessary in performing workscope tasks. The Consultant shall
also provide for and staff a presentation at Farmer's Market at least once during the
second half of the construction effort, explaining the work and displaying some of the
materials found.
Archeological Monitoring Services Agreement, Specification No. 90245A
Page 5
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32. 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
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.
33. 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: Consultant:
Barbara Lynch Barry Price
City of San Luis Obispo Applied Earthworks
955 Morro Street 5090 North Fruit Ave, Suite 101
San Luis Obispo, CA 93401 Fresno, CA 93711-3064
34. 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.
'IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO
Lee Price,City Clerk By: David Romero; Mayor
APPROVED AS TO FORM: CONSULTANT
By:
wellCJona ey
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Archeological Monitoring Services Agreement,Specification No. 90245A
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Exhibit A
Work Scope
-- -- .._.....----......_.............. - _-- -
I Task Description Cost Total
Prepare monitoring plan $ 4,800
I 1 Complete site monitoring, cleaning and cataloging" $ 64,0001
Complete final report"" ; $ 9,6001
I Prepare items for curation"" _......_._............__.._.-.._ ...-.__-_.__..-._..j.._._._._....._$ 1,6001
j
- - 1-- — ( �— $ 80 000" I
" Final cost-breakdown being generated by Consultant at this time
Costs may vary depending on what is found and the contractor's operations
Archeological Monitoring Services Agreement, Specification No. 90245A
Page 7