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HomeMy WebLinkAbout07/17/2001, C2 - FOOTHILL BLVD BRIDGE AT STENNER CREEK DESIGN SERVICES, SPECIFICATION NO. 90197 councilf�_ '1uly 1/7,,200001 acjcnoa y��J^Epo�Jt Im.N..6a C I T Y OF SAN LU IS O B I S P O FROM: Michael D. McCluskey,Director of Public Wo ks � Prepared By: Barbara Lynch Civil Engineer SUBJECT: FOOTHILL BLVD BRIDGE AT STENNER CREEK DESIGN SERVICES, SPECIFICATION NO. 90197 CAO RECOMMENDATION 1. Approve the award to and authorize the Mayor to execute a contract with Martin, Rivett & Olson in the amount of$451,443 for environmental, design and right of way services for the replacement of Foothill Bridge at.Stenner Creek upon completion of the State audit. 2. Transfer $42,000 from the General Fund CIP Reserve Account and appropriate $168,000 in Highway Bridge Replacement and Rehabilitation grant funding. DISCUSSION Background: On March 5 a depression developed on Foothill Blvd at the Stenner creek crossing east of Santa Rosa Street after a heavy rain storm. This crossing consists of 2 -13 %z foot steel culverts. On March 12`h, City staff entered the culverts after water levels had gone down. The culverts were obviously distorted. Representatives of the Structures Division of the State Department of Transportation (Caltrans) reviewed the structure the following day and reported it did not appear the structure could be salvaged. Caltrans estimated the structure had about a 20 year life span at the time of construction in 1964 and highly recommended that the City replace it. On March 15"' , Caltrans completed the revised bridge review, making the structure eligible for Federal Funding assistance throur the Highway Bridge Replacement and Rehabilitation (HBRR) program. On March 20 the City Council reviewed the information available and authorized staff to advertise for consultant services to complete the environmental and design work. Federal funding for the project was authorized March 29`h. Bridge Status The Engineering Division has continued to monitor the bridge for siFs of further settlement. To date, there has been none. A load limit hearing was held on May 24 , upholding the interim load limit of 3 tons. Traffic remains restricted to the north side of the street. Consultant Services Requests for proposals were advertised at the beginning, and opened at the end of April. Two proposals were received. The proposals were reviewed by two engineering staff members and the Caltrans Local Assistance Office Engineer. Averaging the scores of the three reviewers resulted in a tie and interviews were scheduled at the earliest opportunity. The interviewers included the Project Manager and City Engineer from the City and the project's assigned Environmental Planner from Caltrans. The following ranking resulted from the interview process. ca-� Council Agenda Report—Foothill Blvd Bridge at Stenner Creek Design Services Page 2 1. Martin,Rivett& Olson(MRO) 2. Quincy Engineering Timing The contract is currently being audited by Caltrans, a requirement for any service contract over $250,000. The audit should be completed by the end of July or early in August. At that time,the City Mayor can execute the agreement and work will begin. Staff has started work with the environmental consultant, on an hourly basis, to complete some preliminary environmental work to jump start the project. FISCAL IMPACT Federal funding, through the Federal Highway Administration's HBRR Program, will reimburse the City for 80% of eligible costs for replacement. The City Council authorized $50,000 in City General Fund money and $200,000 of HBRR funds at its March 20`h meeting to support the environmental and design work. A cost proposal has been received from MRO substantially higher than the initial estimate at the time the City Council originally reviewed the project. Original Budget: $ 250,000 Original Budget- City Share of Cost: $ 50,000 MRO Cost Proposal: * $ 451,443 Contingencies $ 8,557 Total Proposed Budget: $460,000 Additional Funds Required: City Share of Cost: $ 92,000 City $ 42,000 H13RR Grant Share of Cost: $ 368,000 HBRR $ 168,000 * See page 8 of the agreement for cost breakdown Staff has reviewed the proposals to determine a) if there was an obvious oversight at the time the original estimate was made, and b) if there would be significant savings by negotiating with the second ranked consultant. Staff has identified one oversight in the original agenda report to the City Council and that was the need for Right of Way services. This accounts for about $30,000 of the costs in the proposal. The work includes establishing property lines, appraising the properties and negotiating with the owners for easements needed to complete the construction. There will be some additional costs to purchase construction easements but those costs are currently unknown: Past experience would indicate the easements will cost between $2,000 and $10,000. The consultant has also proposed to assist the City in developing some interim stabilization at the bridge to prevent collapse next winter if heavy storms come before construction of the bridge occurs. This additional cost is $15,700. There are two large cost differences between staff's original estimate and the proposed cost. Those differences are in the environmental work and hydraulic study. The high cost of the �a-a Council Agenda Report—Foothill Blvd Bridge at Stenner Creek Design Services Page 3 environmental work is primarily the result of a recent finding of significant cultural resources in the area. This means there is a high potential for artifacts around the bridge. Project design will be done to minimize excavation and may reduce the estimated environmental work required. The environmental work accounts for $110,000 over, the original estimate with an additional $20,000 in costs anticipated if actual test digging must be done to determine the extent of cultural resources. The higher than anticipated cost for hydraulic studies is a result of a need to do an in depth analysis of the impact of removing the two existing culverts. The culverts are a bottleneck on the creek, holding water back from narrow bridges downstream. Water floods out in the adjacent parking lot and eventually reaches Santa Rosa Street. Normally, bridges are designed to accommodate the 100 year storm. It is possible for the consultant to design the new bridge to pass the 100 year storm; however, a conscious decision will have to be made to do that, backed with conclusive engineering studies on the impacts down stream. This work accounts for $15,000 over, the original estimate with another $8,600 in possible services if the new bridge results in a change in flood patterns. Changing flood patterns requires the filing of a Letter of Map Revision with the Federal Emergency Management Agency(FEMA.) Once the additional cost areas were identified a consideration was made as to whether there would be significant savings by using the second ranked consultant. Estimated hours to complete the work, as submitted in the proposals, were 3655 hours for the MRO team compared to 3563 hours for Quincy Engineering's team. Of the five sub-consultants listed by each prime consultant, only two were different. Those two were the surveyor and the geotechnical consultant. The two consultants whose proposals were higher than anticipated are the same for both consultants. Based on the above information, it does not appear there will be a significant difference in cost by requesting a cost proposal from the next ranked consultant. Funding Sources. As noted above, the added cost ($210,000)will be funded as follows: $ 42,000 from the City(20%) $168,000 from HBRR(80%) We recommend funding the City's share from the CII' Reserve. As such, there will be no direct fiscal impact on the General Fund, although the CIP Reserve will be reduced from $467,000 to $405,000. ALTERNATIVES Based on discussions with the Caltrans Structural Engineers, there does not appear to be any alternative to replacing the existing culverts. The proposal costs can be reduced by $15,700 if the consultant does not research possible stabilization tactics. The possibility of finding significant cultural resources, leading to a prolonged environmental process, is dwindling hopes for an early start time for construction and increasing the possibility the bridge will have to weather another winter. If early discussions on e a -3 Council Agenda Report—Foothill Blvd Bridge at Stenner Creek Design Services Page 4 stabilization techniques do not appear hopeful, staff will abandon this effort to minimize the expenditures. ATTACHMENTS Agreement 9:1 current projects\bad9es\90197 feothlll stenner\_statf reports\90197a awe.doc ca- � ata L'- 44'1 P.x-f AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , 2001 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and , hereinafter referred to as Consultant.. WITNESSETH: WHEREAS, on April 7, 2001, City requested proposals for design services for the Foothill Bridge Replacement in the City of San Luis Obispo per Specification No. 90197A. 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. The Consultant is authorized to begin work upon receipt of the signed agreement. No payment will be made for any work performed prior to approval of this contract. The 100%submittal, ready for construction advertising is to be to the City by December 15, 2001. 2. EXTENSIONS. An appropriate extension of time will be allowed in the case of unavoidable delays. 3. 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. 4. AGREEMENT PARTIES. City: Consultant: Barbara Lynch Ronald Rivett City of San Luis Obispo Martin, Rivett& Olson 955 Morro Street 2200B Douglas Blvd. , Suite 150 San Luis Obispo, CA 93401 Roseville, CA 95661-3878 5. WORK TO BE PERFORMED. Consultant shall complete the environmental, design and right of way services necessary to bring the project to construction in a short time frame as outlined in the Request for Proposal.This includes completion and approval of hydraulic and geotechnical studies, completion and approval of all studies needed for the environmental report and permitting application as identified in the PES as"Yes" or"to be Determined," completion and approval of the environmental document, obtaining all regulatory agency permits and clearances, appraising and acquiring all necessary construction easements or rights of entry required to complete the project. Final quantities and estimates shall be reviewed by an independent third party. All federal requirements and clearances will have to be obtained as required under the HBRR program. Reports must follow Caltrans formats to expedite review. Construction Engineering work to be performed on an as needed basis to be determined by the City before the 100%submittal. The Consultant project manager shall provide monthly email updates as to the status of the project and any difficulties encountered. Foothill (0 Stenner Creek Consultant Services Ag;.aement Page 1 of8C2_� 6. STANDARDS. Plans shall be prepared using the City's standard border and cover sheets. Specifications shall use the Special Provisions boiler plate available on the Caltrans web site for Local Programs. Bridge design shall use appropriate State and Federal guidelines. Any public improvement outside the limits of the bridge shall be designed to City Standards, including waterlines. 7. CONSULTANT ENDORSEMENT. The responsible consultant shall stamp and sign all plans, specifications, estimates and engineering data furnished by the Consultant where appropriate. 8. REQUIRED DELIVERABLE PRODUCTS. The Consultant will be required to provider a. 1 hard copy of draft studies completed for the project b. 3 hard copies of final studies completed for the project c. 1 hard copy of all design and quantity calculations d. 2 hard copies of the 50%draft plan and preliminary cost estimate for review. e. 2 hard copies of the 95% plan, specification and estimate for review. f. One stamped original hard copy of the 100% plans, ink on mylar, and stamped technical specifications for each construction phase g. One electronic copy of the final plans, specifications and estimate ❖ All final products shall include a digital copy. The Consultant must provide the corresponding computer files to the City, compatible with the following programs. Word Processing Word Spreadsheets Excel Computer Aided Drafting AutoCAD ❖ Computer files must be on 3'/z", high-density,write-protected diskettes, ZIP disc or CD, formatted for use on IBM-compatible systems. Each disk must be clearly labeled. Files may be emailed to the City if they are not overly large. 9. ATTENDANCE AT MEETINGS AND HEARINGS. As part of the workscope and included in the contract price is attendance by the Consultant at up to 3 public meetings to present and discuss its findings and recommendations. Consultant shall attend as many"working" meetings with staff and site visits as are necessary to perform workscope tasks. 10. 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. 11. 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. 12. 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. 13. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefor compensation in a total sum not to exceed$451,450. The City will retain 5% of the progress payments until the completion of the construction. Progress payments shall be made on a monthly basis as invoiced by Consultant with cumulative monthly payments not to exceed: $251,100' prior to 65%submittal $367,000' prior to 95%submittal Foothill @ Stenner Creek Consultant Services Ag:?ement Page 2 of 8 C a-6 $ 386,296* prior to 100%submittal * less 5% retention The following additional work will be completed upon written authorization by the City: $ 15,760' for Culvert Stabilization Study $ 15,120* for Phase II Archeological Work $3,300* for Initial Site Assessment for Hazardous Materials $8,600* for Letter of Map Revision $22,367* for Appraisal &Acquisition Services to be completed upon approval of the environmental document * less 5% retention The 5% retention until completion of construction, shall be released upon completion of design if the City fails to authorize the advertising for construction within 3 months following the acceptance of a complete final submittal by Consultant. 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 and vehicle costs that have been identified and are attached to this agreement. Consultant's personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Department of Personnel Administration rules. Federal Acquistion Regulation 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 has been made to the Consultant, which are determined by subsequent audit to be unallowable under Title 48, CFR, Chapter 1, Part 31 are subject to repayment by the Consultant to the City of San Luis Obispo,the State and the Federal Government. 14. 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). 15. PERMIT AND FILING FEES. 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 8 day notice to issue a check. 16. PENALTIES. 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. In each case a staff comment is not responded to or a change requested is not made or responded to,the City will permanently deduct$100.00 from the payment owed the Consultant. 17. 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 in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 18. DISADVANTAGED BUSINESSES. If DBE participation is obtained, the Contractor shall maintain records of all sub-consultant agreements entered into with DBE sub-consultants and records of materials purchased from DBE suppliers. Such records shall show each sub-consultant's and vendor's name and address and the actual dollars paid to each. Upon completion of the contract, a summary of these records shall be prepared, certified correct and submitted on the form "FINAL PERORT—UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST TIER SUB-CONTRACTORS," or equivalent, by the Consultant or his authorized representative to the City of San Luis Obispo's Contract Manager showing total dollars paid to Foothill @ Stenner Creek Consultant Services Ag;jement Page 3 of 8 each DBE sub-consultant and supplier. DBE's must be certified by the California Department of Transportation. Any DBE firm working as a sub-consultant under this contract must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. The Consultant shall make every reasonable effort to replace a certified DBE firm that is unable to perform the provisions of this contract with another certified DBE firm. 19. 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. 20. SUBCONTRACT PROVISIONS. For any subcontract for services in excess of$25,000,the subcontract shall contain all required provisions of this agreement. 21. RECORD RETENTION AND AUDIT. The Consultant shall maintain all books, documents, papers, accounting records and other information pertaining to costs incurred for a period of four 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 inspection and/or auditing all records and other written material used by the consultant in preparing its invoices to the City either before or after any payment to the Consultant. 22. 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. 23. 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. 24. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that the Consultant is required to pay. 25. SAFETY PROVISIONS. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 26. 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. 27. 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. 28. 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. 29. COMPLIANCE WITH LAWS AND WAGE RATES. The Consultant is required to comply with all Federal, State, and local laws and ordinances applicable to the work. This 'includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. Foothill @ Stenner Creek Consultant Services Ag,cement Page 4 of 8 ^� 30. 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. 31. 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 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. Itis 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. 32. COVENANT AGAINST CONTINGENT FEES. 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 Local Agency shall have the right to annul this agreement without liability, or at.is 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. The Consultant is required to sign the attached certification. 33. 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 by 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 negligence or willful misconduct of the City, its agents, officers or employees. 34. 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 on 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 determination 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. 35. 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. 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. Foothill @ Stenner Creek Consultant Services Agreement Page 5 of 8raj_� I 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. 36. 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 of San Luis Obispo. 37. 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. 38. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail to the project manager. 39. 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. The agreement shall not be executed and in effect until the Consultant has submitted the necessary insurance documents and obtained a business tax certificate. 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 City Administrative Officer/Mayor APPROVED AS TO FORM: CONSULTANT By. Ci Attorn y Attachments: Certification of Consultant Certification of Local Agency Consultant Cost Proposal Foothill @ Stenner Creek Consultant Services Agi-jement Page 6 of 8 n�/L CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the Principal and duly authorized representative of the firm of Martin, Rivett &Olson whose address is 2200B Douglas Blvd., Suite 150, Roseville, CA and that, except as hereby expressly stated, neither I nor the above firm that I represent have: a. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration any firm or person (other than a bona fide employee working solely form me or the above consultant) to solicit or secure this agreement; nor b. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor c. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working for me or the above consultant) any fee, contribution, donation or consideration of any kind for, or in connection with , procuring or carrying out this agreement. I acknowledge that this certificate is to be made available to the Califomia Department of Transportation in connection with this agreement involving participation of Federal Aid Highway funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am a Principal Civil Engineer employed by the City of San Luis Obispo and that the consulting firm of Martin, Rivett& Olson or its representative, has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: a. employ, retain, agree to employ or retain, any firm or person; or b. pay or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind. I acknowledge that this certificate is to be made available to the California Department of Transportation in connection with this agreement involving participation of Federal Aid Highway funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature Foothill ® Stenner Creek Consultant Services Ag.iement Page 7 of 8�/� Task Description Task Cost 1. Start up and Data Collection $ 12,044 2. Environmental Clearance & Permitting $ 129,6 10 3. Phase II Survey' $ 15,120 4. Initial Site Assessment for Hazardous Materials ' $ 3,300 5. Topographic Survey $7,890 6. Geotechnical Investigation $21,252 7. Hydraulic Study $27,698 8. Letter of Map Revision ' $ 8,600 9. Advance Planning Study $21,0 60 10. Culvert Stabilization Study' $ 15,760 11. Conceptual Design and Utility Coordination $ 11,932 12. Preliminary Plans $58,424 13. Draft Plans, Specifications and Estimate $54,248 14. Final Plans, Specifications and Estimate $22,824 15. Right of Way Engineering $ 9,710 16. Right of Way Appraisal and Acquisition Services $ 22,367 17. Meetings and Bidding Assistance $ 9,604 Total Cost $451,443 1. Contingency costs for services which may be required depending upon findings of earlier studies. 2. Additional service to assist with interim stabilization if construction will not move forward before Winter/Spring of 2001-02. Foothill @ Stenner Creek Consultant Services Agreement Page 8 of; � ��