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HomeMy WebLinkAbout11/04/1997, C-6 - HIGUERA STREET BRIDGE, ENVIRONMENTAL AND DESIGN SERVICES, SPECIFICATION NO. 93-67B. council Nov 4, 1997 j acEnaa Repot 2-6 CITY OF SAN LUIS OBISPO FROM: Michael D. McCluskey,Public Works Direct Prepared by: Barbara Lynch, Civil Engine SUBJECT: Higuera Street Bridge, Environmental and Design Services, Specification No. 93-67B. CAO RECONEEWENNDATION: 1) Approve the award to and execute a contract with Martin&Kane,Inc. in the amount of $ 527,767.00 for Environmental and Design Services for the I iguera Street Bridge, Specification No. 93-67B. 2) Appropriate$10,000 from the unappropriated balance of the General Fund and$40,000 in grant revenue and move it to 400.9504.520.552 for the Higuera Street Bridge environmental and design services. DISCUSSION: The Higuera Street bridge has been inspected by the State Department of Transportation and determined to be in need of rehabilitation or reconstruction. It is eligible for 80% funding under a federal program for bridges as long as all areas of structural concern are addressed- Due ddressedDue to the extent of this project and its location in the downtown, staff has worked with the BIA and community members on the project. Three public meetings were held to discuss community concerns with business owners, property owners and other interested parties. On March 19, 1996 the City Council discussed the project and took testimony at a public meeting. The public's main concerns relate to the disruption to businesses in the area proposed for construction. The business community would like the City to do most, if not all the work from the inside of the structure. These concerns were relayed to staff during the public meetings as well as to the Council. At the Council meeting, staff was directed to proceed with the application for Federal funding, and to prepare a Request For Proposals (RFP) to do the environmental study, including a review of the impacts of opening the creek through a portion of the City owned Court Street parking lot. Council gave general direction to rehabilitate the bridge, review previous options for rehabilitation and specifically to include design options which would allow as much work as possible to be completed from the inside. In January of 1997, staff issued an RFP for environmental and design services. The RFP incorporated the concerns of the business community and Council. The work plan will be, in reality,two separate programs with Council involvement and decision making in the middle. First, the consultant will complete the environmental work,present a discussion of alternatives and make a recommendation to the City Council for construction. The consultant will also present updated cost estimates. The Council will then decide "the project" for implementation. Once Council gives direction, actual construction plans will be prepared. The Consultant's contract includes public workshops during the environmental and design phases to ensure input of public ideas and Council Agenda Report- I iguera Street Bridge Page 2 concerns and to keep interested parties up to date. A public tour of the bridge with the Consultants is also planned prior to a Council decision on the ultimate design. Construction work is be expected to start in 1999 or 2000 depending upon the extent of the environmental findings and the length of time needed to get permits for any work impacting the creek. Proposal Evaluttion and Selection Two proposals were received for the project. The proposals were ranked based on the key areas set forth in the.RFP. The RFP outlined the basic workscope to be accomplished and presented some of the community and environmental concerns. About half of the rating weight was given to the Consultant's understanding of what was involved in the project and how they proposed to involve staff and the community. The remaining points went to the qualifications of the company and the staff assigned The company of Martin & Kane appeared to anticipate many City concerns in their proposal and presented a much more thorough proposal. They will be providing a variety of specialists to address such areas as public input and concerns about adjacent buildings. Their experience and staging indicated they would need less assistance from City staff. The interview questions regarding hydraulics and historical issues were more completely answered than by the second firm. They clearly understood that hydraulic issues will be critical to the solution. Also, the environmental sub-consultant was very vocal at the interviews. The interview team felt this indicated the environmental issues would be properly considered and not driven by design alternatives. Summary of Rankings for Consultant Services Company Name Points 000 max) Martin and Kane 92.5 PRA Group 58.5 FISCAL IMPACT: The 1997-99 Financial Plan,Appendix B (pg 115) identifies a total of $500,000 for design with an additional$3,000,000 for construction estimated for 1999/00. General Fund Grant Funding Total with Contingencies Original Design Budget $100,000 $400,000 : $ 500,000 Additional Appropriation $109000 $40,000 Proposed Design Budget $110,000 ' $440,000 : $ 550,000 Construction Budget(estimated) $600,000 $2,400,000 $ 3,000,000 The additional appropriation from the General Fund Balance will not significantly impact the City's policy goal of a 20% fund balance. Staff has applied for additional Federal finding for this portion of the project Staff has received a verbal confirmation from Caltrans in Sacramento that the funding will be approved. Staff will review the Consultant's work scope in depth after the environmental work is complete Council Agenda Report- Higuera Street Bridge Page 3 and the Council has given additional direction for design. If significant historical finds or large amounts of hazardous materials are found, the cost of services will rise. Each of the construction alteratives presented to the Council will include the costs associated with final design and construction. ALTERNATIVES: The City does have the right to reject the submitted cost proposal and begin negotiations with the next ranked consultant to negotiate a cost. The second ranked consultants estimated hours were similar to those of the first ranked consultant. Staff does not feel rejecting this proposal and going to the next consultant to negotiate would result m a better product or a decreased cost. ATTACHMENT: Agreement The RFP and the Consultants scope of work and cost proposal are available in the Council office for review. ��3 THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this _ day of by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Martin & Kane, hereinafter referred to as Consultant. WITNESSETH: WHEREAS, on January 11, 1997, City requested proposals for the environmental study and design services for the Higuera Street Bridge and associated work per Specification No. 93-676; 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: 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. DESCRIPTION OF WORK. The work includes performance of environmental, design and right of way services to complete the rehabilitation or reconstruction of the Higuera Street bridge through the construction and bidding stage, and provide engineering and inspection support during construction. All work is to be done in accordance with Federal guidelines for HBRR funding under the new Local Assistance Guidelines and in the metric system of measurements. Design shall be completed under the most current Caltrans standards for design. The plans and specifications shall conform to the standard formats used by the City of San Luis Obispo including use of City Standard Specifications, Engineering Standards, and drafting standards. Any documents or materials provided by the Consultant will be reviewed by City staff and, where necessary, the Consultant will be required to respond to staff comments and make such changes as deemed appropriate. The Consultant to remain in regular communication with the Project Manager as to the status of the project. City staff will carry the project through the City Council and bidding process. The City will furnish a copy of the City Standard Specifications based on the Caltrans Standard Specifications, July 1995, a set of City Engineering Standard Details, example specifications, City plan and profile sheets and drafting standards. Plan and profile shall be furnished on diskette. Written documents are to be submitted on standard English letter size (8.5 x 11) paper. One project manager for the Consultant is to be assigned as the contact point for all of the various work items. 3. SCOPE OF WORK. A. Environmental (1) Meet with City staff and local business representatives to understand the community concerns, access needs, local environmental document requirements, design parameters affecting the environmental work and limitations on night work. (2) Make site visits as needed to understand the condition of the bridge. (3) Complete investigation of the existing burden over the deck. (4) Research adjacent building supports and determine the impacts of construction on the structure, corrective measures, access issues and potential solutions including remodeling. (5) Study and report design alternatives for purposes of the environmental evaluation. a. Alternatives for construction from within the creek b. Alternatives for construction from outside the creek c. Relocating/opening the creek Higuera Street Bridge Agreement Page 1 of 10 (6) Complete necessary studies of the bridge and area to determine the effect of various design alternatives. Studies shall include, AS A MINIMUM, the following areas. The Consultant should discuss any other areas they feel will be necessary for completion. a. Hydraulic b. Biological -Wetland c. Historical - Archeological d. Geological - Hazardous materials e. Social - business, traffic and circulation, private property (7) Estimate the purchase cost from the Parking Fund of the area of the City parking lot which would be disturbed for creek opening, and any expected construction easements. (8) Complete rendering of creek opening option. (9) Complete an environmental initial study and make an environmental determination recommendation to be approved by the Community Development Director in accordance with CEQA, NEPA, FHWA and local guidelines. (10) Develop and summarize pros and cons, costs and environmental impacts of alternatives including: a. Length of construction b. Identification of any work which could be done at night, the extent of the noise and any effects that has on construction time and costs c. Affects on pedestrian access to businesses and along the street. d. Potentials for staging the work and any effects that has on construction time and costs e. Number of travel lanes which could be kept open and any effects that has on construction time and costs f. Costs g. Expected life of new/ rehabilitated structure h. Any detrimental effects to fish and wildlife (11) Make a recommendation for proceeding. (12) Present environmental findings and recommendation to the business community at a public meeting. (13) Present environmental findings and recommendation to the City Council at a public meeting. (14) Take the Council on a tour of the bridge. (15) Process the environmental study through the DLAE to the FHWA for environmental clearance. B. Acquisition (1) Complete descriptions for the necessary construction easements/ rights of entry to be prepared, the lots appraised and purchase coordinated with the City. (2) Complete original Caltrans approved property appraisal. (3) Complete original right of way or right of entry agreements. C. Design (1) Complete work for creek opening - as directed by Council a. Meet with City staff and local business representatives to review preliminary design. b. Attend two Architectural Review Commission (ARC) meetings. c. Revise design and rendering as directed by the ARC. (2) Complete any necessary surveying. (3) Obtain any additional geotechnical information needed for design beyond that completed for the environmental study. (4) For any work under their jurisdiction, prepare and file the necessary Army Corps of Engineer, Fish and Game and California Regional Water Quality permits and provide Higuera Street Bridge Agreement Page 2 of 10 a copy of all permit applications to the City. Upon application approval, provide original permits, agreements, or waivers. (5) Coordinate work with the various utilities on the existing bridge to accommodate their facilities. (6) Prepare the necessary design exception for encroachment in the 100 year flood plain. (7) Prepare any other necessary design exceptions for approval by the City. (8) Complete and submit preliminary and final plans, specifications, and Engineer's estimate. Two copies of the PS&E shall be submitted for each percentage review. a. 50% submittal b. 95% submittal c. 100% submittal d. Rnal Submittal: Includes ORIGINAL stamped plans (ink on mylar), specifications and engineer's estimate - hard copy and diskette (9) Prepare the Detailed Estimate necessary for federal authorization to proceed with construction. D. Construction Engineering (1) Issue any addendums, or clarifications which arise during bidding - at no additional cost. (2) Provide clarifications and drawings during construction - at no additional cost where the Consultant failed to cover information at a level of detail necessary for the construction contractor and the City's inspector to interpret the plans and specifications. (3) All communication with bidders and the construction contractor shall be handled through the City and the City will be the sole contact with the Consultant. (4) Consultation with City staff during construction. 4. CONTRACT AWARD AND EXECUTION A. Contract Requirement. The Consultant to whom award is made 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 this agreement. The contract shall be made in the form adopted by the City. If the Consultant to whom the award is made fails to enter into the contract, the award will be annulled and an award may be made to the next qualified, responsive Consultant who shall fulfill every stipulation as if it were the party to whom the first award was made. The Consultant shall not commence performance of work or services until the contract is approved by the City and notification to proceed has been issued by the City. No payment will be made for any work performed prior to approval of this contract. B. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages, and amounts specified in this agreement within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 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 Scone 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). Higuera Street Bridge Agreement Page 3 of 10 n (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: (5) 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. (6) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (7) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (8) Errors and Omissions Liability: $1,000,000 per occurrence. If Commercial Errors and Omissions 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. 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: (9) The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. (10) 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. (11) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. (12) 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. (13) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (14) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL Higuera Street Bridge Agreement Page 4 of 10 n 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. C. Business Tax. The Consultant must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. S. CONTRACT PERFORMANCE A. Ability to Perforin. 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 in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. B. Requirement to Meet All Provisions. The Consultant shall meet all of the terms, and conditions of the Agreement. All contracts with sub-consultants exceeding $25,000 in cost shall contain all required provisions of the prime contract. C. Covenant Against Contingent Fees. In submitting a proposal, the Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the consultant, to solicit or secure this agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement with out liability or at its discretion to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. D. General Compliance with Laws and Wage Rates. 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. E. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Consultant is required to pay. F. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary as they pertain to the completion of the consultants work. The City will pay all application fees for permits required for the construction of the bridge and any recording fees for right of way. The City requires an eight day notice to issue a check. G. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. H. 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. Higuera Street Bridge Agreement Page 5 of 10 d-e, 1. 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. J. 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. K. 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. L 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. M. Changes in Work. Changes in the scope, character or complexity of the work may be deemed necessary or desirable as the work progresses. Any change which is considered by either one or both parties shall be subject to renegotiation of compensation. In this case, the City will issue a supplemental agreement to cover the work. If at any time the Consultant feels work requested by the City is outside of the original agreement, they are to notify the City immediately. Any such work completed by the Consultant without such notification shall be at the sole cost of the Consultant. N. Agreement Extension. The term of the agreement may be extended by mutual consent. During this extended period, lump sum prices may not be increased. During this extended period, hourly billing rates may not increase by more than the percentage change in the consumer price index for All Urban Consumers (CPI-U), Los Angeles-Long Beach-Anaheim area. O. Payment Terms, Invoices and Retention. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by the Consultant (Net 30). The Consultant shall submit a monthly invoice to the City for work completed, itemized by task. The City will retain 5% of the total contract amount until the completion of construction. P. 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. Q. Ownership of Materials. All 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. Copies of supporting documents, such as survey notes, sketches, computations, etcetera, shall be made available upon request without restriction or limitation Higuera Street Bridge Agreement Page.6 of 10 d-t/o 9 on their use. The responsible consultant shall sign all plans, specifications, estimates and engineering data furnished by them. R. 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. S. 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. T. Electronic Compatibility. All documents furnished on diskette shall be compatible with the following programs: Word Processing Word (Microsoft Office 95) Spreadsheets Excel (Microsoft Office 95) Drawings AutoCAD r13 or r14 Documents which are converted from and alternate program to one listed above, which lose formatting or other significant characteristic as a result shall be returned to the Counsultant as unacceptable. Computer files must be on 90 mm, high-density, write-protected diskettes, formatted for use on IBM-compatible systems. Each diskette must be clearly labeled with the file names and job or have a printed copy of the directory attached. U. Audit. The Consultant shall maintain all books, documents, papers, accounting records, and other information pertaining to costs incurred for a period of three years after the final payment of the contract. Documents may be microfilmed. Authorized representatives of the City, State or federal agency shall have the option of inspecting and/or auditing all records and other written materials used by Consultant in preparing its invoices to City either before or after any payment to the Consultant. V. Interests 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 Consultant and not an agent or employee of the City. W. 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 which arise from or are connected with or are caused or claimed to be caused by the willful misconduct or negligent acts, errors 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 active negligence or willful misconduct of the City, its agents, officers or employees. Higuera Street Bridge Agreement Page 7 of 10 L/1 mo ld X. Contract Assignment. The Consultant shall not subcontract, 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. Y. 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 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. 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. Z. Resolution of Disputes. It is the intention of this contract that differences between the parties arising under and by virtue of the contract be brought to the attention of the City at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Consultant hereby agrees that he shall have no right to additional compensation for any claim that may be based non any such act, failure to act, event, thing or occurrence for which no written final claim is filed. In the event that claims arise under this contract that have not been resolved at the time of the Consultant's Final Submittal, the Consultant shall submit a final written claim with the Final Submittal. The final written claim shall be in sufficient detail to enable the City to ascertain the basis and amount of said claims. The City shall issue a final written deterrnination of the claim within 30 days of receipt of the claim. These Contract Claims procedures prescribed herein shall be separate from and in addition to the claim procedure under the California Tort Claim Act (Government Code Section 900, et seq.). The Consultant's receipt of the City's Final Determination shall constitute the accrual of the cause of action under the California Tort Claims Act. Before filing any claim pursuant to these contract provisions, the Consultant should review the California False Claims Act (Government Code Sections 12650-12655) Neither the pendency of a dispute nor its consideration by the City will excuse the Consultant from full and timely performance in accordance with this agreement. 6. SPECIAL TERMS AND CONDITIONS A. DBE Requirements. The Consultant is responsible to meet the City's DBE goal of 11% when feasible or make a good faith effort to do so. Higuera Street Bridge Agreement Page 8 of 100 nJ�� The provisions of Title 49, Part 23, Code of Federal Regulations (49 CFR 23) and the City of San Luis Obispo's adopted Disadvantaged Business Enterprises (DBE) Program require that DBEs have the opportunity to participate in federally funded transportation projects. These documents are incorporated by reference. B. 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. All parties involved in the project shall make such materials available at their respective offices at all reasonable times during the duration of the contract and for a period of three years from the date of final payment under the contract. The materials shall be made available to representatives of the City, the State and the FHWA. Copies of materials shall be furnished if requested. 7. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, Consultant will be reimbursed for: A. Environmental, design and right of way services - Hours worked at the hourly rates specified in Consultant's proposal. The specified hourly rates shall include direct salary costs, employee benefits, overhead and fee. In addition, Consultant will be reimbursed for direct costs, other than salary and vehicle costs, that are identified in the cost proposal. Consultant shall be reimbursed in an amount not to exceed $ 528,000. B. Construction engineering - Hours worked at the hourly rates specified in Consultant's proposal. The specified hourly rates shall include direct salary costs, employee benefits, overhead and fee. In addition, Consultant will be reimbursed for direct costs, other than salary and vehicle costs, that are identified in the cost proposal. Consultant shall be reimbursed in an amount not to exceed $ 10,000. Federal Acquisition Regulations in Title 48, CFR, Chapter 1, Part 31 shall be used to determine the allowability of the individual items of cost. The Consultant agrees to comply with federal procedures in accordance with CFR 49, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which payment have been made to the Consultant, which are determined by subsequent audit to be unallowable under CFR 48, Chapter 1, Part 31 are subject to repayment by the Consultant to the City of San Luis Obispo the State and the Federal Government. 8. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement and the said specification incorporated by reference into this Agreement. The revised scope of work and cost proposal dated July 18, 1997 and October 23, 1997 from Consultant are hereby attached and incorporated in and made a part of this Agreement. 9. 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. 10. 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. Higuers Street Bridge Agreement Page 9 of 10 n / 11. 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 955 Morro Street San Luis Obispo, CA 93401 Consultant Ronald Rivett Martin & Kane Melody Lane, Suite 100 Roseville, CA 95678-5189 12. 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, A Municipal Corporation By: City Clerk Mayor APPROVED AS TO FORM: Consultant By: City Attorney flgrwpslpworksle�MrWgeslhiguere�eudimr aremwmdoc Higuers Street Bridge Agreement Page 10 of 10 c�-/3