HomeMy WebLinkAbout2021-032 Wallace GroupCITY OF ATASCADERO
CONTRACT NUMBER:
0oa 1-- o3a
CITY OF ATASCADERO
CONTRACT FOR
WALLACE GROUP
for
PROFESSIONAL ENGINEERING SERVICES
EL CAMINO REAL DOWNTOWN INFRASTRUCTURE ENHANCEMENT
PROJECT
C2017T01
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
WALLACE GROUP
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City") and Wallace Group ("Consultant'). City and Consultant agree as
follows:
SCOPE AND STANDARDS:
A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known
as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be
incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant
enters into this Contract as, and shall at all times remain as to the City, an independent contractor
and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent
with this relationship or status. Any persons employed by Consultant for the performance of
services pursuant to this Contract shall remain employees of Consultant, shall at all times be
under the direction and control of Consultant, and shall not be considered employees of City.
All persons employed by Consultant to perform services pursuant to this Contract shall be
entitled solely to the right and privileges afforded to Consultant employees and shall not be
entitled, as a result of providing services hereunder, to any additional rights or privileges that
may be afforded to City employees.
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B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby
represents it has satisfied itself by its own investigation and research regarding the conditions
affecting the work to be done and labor and materials needed, and that its decision to execute
this Contract is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Consultant are to commence upon execution of this Contract by City, and
shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope
of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract
shall terminate no later than June 30, 2023, unless extended by the mutual agreement of both
parties.
4. COMPENSATION:
A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit. B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager' shall include the City Manager's designee). Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City and Consultant at the time City's express written authorization signed by the City
Manager is given to Consultant for the performance of said services.
5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
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77M;
;
reasonable means to monitor performance and the Consultant shall comply with
the City Manager's request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Consultant may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Consultant is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Consultant's performance shall not in any manner be subject to any bargaining agreement(s)
or any other agreement(s) the Consultant may have covering and/or with is employees.
C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort
to maintain the stability and continuity of Consultant's staff assigned to perform the services
required under this Contract. Consultant shall notify City of any changes in Consultant's staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Consultant shall be
compensated for non -disputed fees under the terms of this Contract up to the date of termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Consultant, and the City may withhold any
payments due to Consultant until such time as the exact amount of damages, if any, due the
City from Consultant is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
7. CHANGES:
The City or Consultant may, from time to time, request changes in the scope of the
services of Consultant to be performed hereunder. Such changes, including any increase or
decrease in the amount of Consultant's compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated
in written amendments to this Contract. Any increase in the amount of Consultant's
compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by
the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Consultant under this Contract are upon creation and shall
be at all times the exclusive property of the City, and the Consultant shall have no property
right therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse
of the materials prepared by the Consultant if used for purposes other than those expressly set
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forth in the Intended Use of Consultant's Products and Materials section of this
Contract. Consultant shall not disseminate any information or reports gathered or created
pursuant to this Contract without the prior written approval of City including without limitation
information or reports required by government agencies to enable Consultant to perform its
duties under this Contract and as may be required under the California Public Records Act
excepting therefrom as may be provided by court order. Consultant will be allowed to retain
copies of all deliverables. Should the City re -start the project with a different Consultant, the
City agrees to hold Consultant harmless from all damages, claims, expenses, and losses
arising out of any reuse of plans, specifications, drawings, maps, models, computer files and
other documents, unless written authorization of Consultant is first obtained.
B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of the City as may have been prepared or accumulated to date by the Consultant
in performing this Contract. Consultant will be allowed to retain copies of all deliverables to the
City.
Should the City re -start the project with a different Consultant, the City agrees to hold Consultant
harmless from all damages, claims, expenses, and losses arising out of any reuse of plans,
specifications, drawings, maps, models, computer files and other documents, unless written
authorization of Consultant is first obtained.
9. CONFLICTS OF INTEREST:
A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Contract. Consultant further covenants that in the performance of this Contract, Consultant
shall take reasonable care to ensure that no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written consent of the
City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of
any conflicts of interest with the interests of City in the performance of this Contract. Consultant
agrees to include language similar to this Section 9(A) in all contracts with subcontractors and
agents for the work contemplated herein.
10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Consultant pursuant to performance of this Contract are confidential and Consultant agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant cr any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
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information for any damages caused by the releasing parties, including the non -
releasing party's attorney's fees and disbursements, including without limitation expert's fees
and disbursements.
C. COOPERATION. City and Consultant shall promptly notify the other party should
Consultant or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Consultant each retains the right, but has no obligation,
to represent the other party and/or be present at any deposition, hearing or similar proceeding.
Consultant and City agree to cooperate fully with the other party and to provide the other party
with the opportunity to review any response to discovery requests provided by Consultant or
City. However, City and Consultant's right to review any such response does not imply or mean
the right by the other party to control, direct, or rewrite said response.
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract except as set forth in Exhibit C. City acknowledges that all
equipment and other tangible assets used by Consultant in providing these services are the
property of Consultant and shall remain the property of Consultant upon termination of this
Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City's sole cost and
expense.
12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable
local, state, and federal laws and regulations which may affect those employed by it or in any
way affect the performance of its services pursuant to this Contract. Consultant shall observe
and comply with all applicable laws, ordinances, regulations and codes of federal, state and
local governments, and shall commit no trespass on any public or private property in
performing any of the work authorized by this Contract. Consultant shall at all times hold a
valid contractor's license if performing any function or activity for which a license is required
pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business
and Professions Code, and Consultant shall provide a copy of the license(s) upon the request
of the City. The City, its officials, officers, elected officials, appointed officials and employees
shall not be liable at law or in equity as a result of any failure of consultant to comply with this
section.
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B. PREVAILING WAGES. In the event it is determined that the
Consultant is required to pay prevailing wages for the work performed under this Agreement,
the Consultant shall pay all penalties and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Consultant shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either directly
or indirectly employed by them, as it is for the negligent acts and omissions of persons directly
employed by Consultant.
14. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment
or notation. However, claims for money due or to become due Consultant from the City under
this Contract may be assigned to a financial institution, but only with prior written consent of the
City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be
furnished promptly to the City. The rights and benefits under this agreement are for the sole and
exclusive benefit of the City and this Contract shall not be construed that any third party has an
interest in the Contract.
15. LIABILITY OF CONSULTANT:
Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Consultant's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors and
subcontractors. The City shall have no right of control over the manner in which the work is to
be done but only as to its outcome, and shall not be charged with the responsibility of preventing
risk to Consultant or its employees, agents, contractors or subcontractors.
16 INDEMNIFICATION
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes
a professional standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents ("Indemnified Parties') from and against any and all losses, liabilities,
damages, costs and expenses, including attorneys fees and costs to the extent same are caused
in whole or in part by any negligence or wrongful act, error or omission of Consultant, willful
misconduct, or recklessness of its officers, agents, employees or subconsultants (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. Consultant's duty to defend shall consist of reimbursement of
defense costs incurred by City in direct proportion to the Consultant's proportionate percentage
of fault. Consultant's percentage of fault shall be determined, as applicable, by a court of law,
jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or
resolution without a court, jury or arbitrator having made a determination of the Consultant's
percentage of fault, the parties agree to mediation with a third party neutral to determine the
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Consultant's proportionate percentage of fault for purposes of determining the
amount of indemnity and defense cost reimbursement owed to the City. With respect to the design
of public improvements, the Consultant shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified in Exhibit D without
the written consent of the Consultant.
The proportionate rule, limiting Consultant's duty to defend to the City as referenced above, does
not apply where: (1) one or more defendants is unable to pay its share of defense costs due to
bankruptcy or dissolution of the business; (2) a project -specific general liability policy insures all
project participants for general liability exposures on a primary basis and also covers all design
professionals for their legal liability arising out of their professional services on a primary basis;
or (3) there is a design professional who is a party to a written design -build joint venture
agreement.
If one or more defendants are unable to pay its share of defense costs due to bankruptcy or
dissolution of the business, then the other the design professionals must meet and confer with
other parties regarding unpaid defense costs and determine their proportion of responsibility.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in
the performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from
and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether
actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs,
and expert witness fees), where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by Consultant or by any
individual or entity for which consultant is legally liable, including but not limited to officers, agents,
employees or subconsultants of Consultant.
C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this section
for each and every subconsultant or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this agreement. In the event consultant fails to
obtain such indemnity obligations from others as required here, Consultant agrees to be fully
responsible according to the terms of this section. Failure of City to monitor compliance with
these requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here
is binding on the successor, assigns or heirs of Consultant and shall survive the termination of
this agreement or this section.
D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION.
Without affecting the rights of City under any provision of this agreement, Consultant shall not
be required to indemnify and hold harmless City of liability attributable to the active negligence
of City, provided such active negligence is determined by agreement between the parties or by
the findings of a court of competent jurisdiction. In instances where City is shown to have
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been actively negligent and where City's active negligence accounts for only a
percentage of the liability involved, the obligation of consultant will only be for that portion or
percentage of liability attributable to the active negligence of Consultant or anyone for whom
Consultant is legally liable
17. INSURANCE:
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit E attached to and part of this agreement.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the Cil:y, which the
City may specify and change from time to time. Consultant shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIVINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall
not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion,
sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent
allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination.
B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Consultant so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose sanctions
against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall,
reimburse City for the cost of all such sanctions imposed, together with any and all costs,
including attorneys' fees, incurred by the City in connection therewith.
C. GOVERNING LAW. The City and Consultant understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
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D. City has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant by this Contract.
In recognition of that interest, neither any complete nor partial assignment of this Contract, may
be made by Consultant nor changed, substituted for, deleted, or added to without the prior written
consent of City which consent shall not be unreasonably withheld. Any attempted assignment
or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract
entitling City to any and all remedies at law or in equity, including summary termination of this
Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among the
parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions
waived, only by a subsequent written agreement executed by each of the parties. The parties
agree that this requirement for written modifications cannot be waived and any attempted waiver
shall be void.
G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity revise the provisions of this Contract and to
have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the various
sections are merely informational and shall not be construed as a substantive portion of this
Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier with
respect to any subsequent default or other matter.
t. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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J. NOTICES. All invoices, payments, notices, demands, requests,
comments, or approvals that are required to be given by one party to the other under this
Contract shall be in writing and shall be deemed to have been given if delivered personally or
enclosed in a properly addressed envelope and deposited in a United States Post Office for
delivery by registered or certified mail addressed to the parties (deemed to have been received
three (3) business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
Public Works
6500 Palma Avenue
Atascadero, CA 93422
Consultant Wallace Group
Jorge Aguilar, PE
612 Clarion Ct.
San Luis Obispo, CA 93401
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Consultant warrant and represent that they have the authority to execute this Contract on behalf
of their agency and further warrant and represent that they have the authority to bind Consultant
to the performance of its obligations hereunder.
Effective to this 27th day of October, 2021 by the parties as follows.
Approved as to form:
By:
Counsel for consultant
Approved as to form:
WALLACE GROUP
By: 49915*�'
Joro A ilar, PE 4eO4
CITY OF ATASCADERO
"t7Y7
By: -14:7 SL&:
: )
Brian Pierik, City Attorney QRache-lee:IR�ickard, City Manager
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.1. NOTICES. All invoices, payments, notices, demands, requests,
comments, or approvals that are required to be given by one party to the other under this
Contract shall be in writing and shall be deemed to have been given if delivered personally or
enclosed in a properly addressed envelope and deposited in a United States Post Office for
delivery by registered or certified mail addressed to the parties (deemed to have been received
three (3) business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
Public Works
6500 Palma Avenue
Atascadero, CA 93422
Consultant Wallace Group
Jorge Aguilar, PE
612 Clarion Cf.
San Luis Obispo, CA 93401
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Consultant warrant and represent that they have the authority to execute this Contract on behalf
of their agency and further warrant and represent that they have the authority to bind Consultant
to the performance of its obligations hereunder.
Effective to this 27th day of October, 2021 by the parties as follows.
Approved as to form:
Counsel for consultant
Approved as to form:
By:
k
Brian Pierik, City Attorney
MV V1/06
742114..1
10
WALLACE GROUP
By: oz e Z. _.
Jorg Agui r, PE 4 04
CITY OF ATASCADERO
�y
Rache le Rickard, City Manager
City of Atascadero
Wallace Group
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CONSULTANT
�� zzz �1e_ Z.
Jorg Ag ar, PE 704
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EXHIBIT A
Scope of Work
Scope of Work shall be as defined in the Consultant's Proposal Scope of Services, dated September
3, 2021 and as summarized in the following outline.
Consultant shall provide all services required to prepare a single PS&E package for the EI Camino
Real Downtown Infrastructure Enhancement Project. Services shall include:
Land Survey Services: Services include topographic engineering and utility survey, together
with a boundary delineation.
2. Utility Coordination: Coordinate with utility purveyors to obtain atlas maps and locate
horizontally and vertically (to the extent possible) existing utility services.
3. Roadway Section Testing and Pavement Design: Includes roadway section and stormwater
infiltration testing, pavement design recommendations, and geotechnical consultation services.
4. Preliminary Engineering and Cost Estimates: Tasks associated with refining the preferred
corridor concept plan, and clarifying the design components prior to final design. Expected
work includes Concept Refinement, preparation of a Conceptual Streetscaping and
Landscaping Plan, Preliminary Post -Construction Compliance Memorandum, Preliminary Cost
Estimate, and Stakeholder Outreach.
Preparation of Plans, Specifications and Estimates (PS&E): Consultant will prepare PS&E for
the project, as well as supporting documents and plans. PS&E will be submitted to the City for
review and comment at 60%, 95% documents stages. (Includes optional Sidewalk
Replacement Design task)
6. Bidding Support: Consultant will respond to RFI's and assist the City with preparation of
addenda and revisions to the plans and specifications, as appropriate.
Project Management and Meetings: Consultant will provide general project maragement,
attend meetings as identified in Proposal, support the City in coordination with Caltrans, and
provide Quality Control and Quality Assurance (QC/QA) of work products.
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EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $598,811.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
City shall pay Consultant an amount equal to the cumulative hours charged to the project by each class
of the Consultant's employees times standard hourly rates for all services performed on the project,
plus reimbursable expenses and subconsultant charges, if any. The total compensation for all services
and reimbursable expenses shall not exceed the amount listed above.
Any additional services authorized by the City of Atascadero, not included in the scope of services as
defined by this contract, must be approved in the form of a City of Atascadero Change Order prior to
performing additional work. All additional work authorized by a City of Atascadero change order will
be compensated at the same cost basis indicated herein unless other terms are acceptable to City.
Payment will be made within 30 days after receipt and approval of invoice.
Payments to the Consultant in excess of the contract amount listed above will not be made unless
written authorization is executed prior to the date of the additional requested work. Any charges
incurred outside of these contract terms will not be authorized for payment.
Consultant
e
Jor, e Aguilar, PE 8704
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7921193
Method of Payment
Standard Billing Rates WF
M
wAl1ACE GROUP.
Engineering, Design & Support Services: Prevailing Wage'
AssistantDesigner/Technician.........................................$ 95
Designer/Technician I - IV ............................................ $100- $130
Senior Designer I - III .................................................... $143- 5157
GIS Technical Specialist ................................................. $140
Senior GIS Technical Specialist ........................................ $150
Associate Engineer I - 111 ............................................... S122- $142
Engineer I - IV............................................................. $154-$169
Senior Engineer I - III .................................................... $177 - $187
Director........................................................ ............ $192
Principal Engineer........................................................ $228
Principal................................................................... $238
Surveying Services:
Associate Survey Technician ........................................... $105
One -Person Survey Crew ................................................ $170................................ $205
Two -Person Survey Crew ................................................ $225 ................................ $297
Three -Person Survey Crew .............................................. $290 ................................ $370
Survey Technician I - IV ................................................. $120-$147
Land Surveyor I - III ...................................................... $150-$166
Senior Land Surveyor I - 111 .............................................. $169. $179
Director.................................................................... $192
Principal Surveyor........................................................ $228
Principal................................................................... $238
Planning Services:
Associate Planner I - 11 ...................................................
$ 98-$106
Planner I - IV..............................................................
$130- $160
Senior Planner I - III ......................................................
$160.$170
Director....................................................................
$175
Principal Planner.........................................................
$228
Principal...................................................................
$238
Landscape Architecture Services:
Associate Landscape Designer I - II ....................................
$ 90-$110
Designer I - IV..............................................................
$115.
$130
Landscape Architect I - IV ..............................................
$134-
$149
Senior Landscape Architect I - III ......................................
$152-$162
Director....................................................................
$175
Principal Landscape Architect .........................................
$228
Principal...................................................................
$238
Construction Management / Field Inspection Services:
Construction Office Tech 1-111 ........................................
S 95-
$115
Construction Inspector I - II .............................................
$120.$135
.............. $155-162
Senior Construction Inspector ..........................................
$147
..................... $165
Assistant Resident Engineer I - II .......................................
$147-
$152
Resident Engineer I - III .................................................
$157.
$167
Senior Resident Engineer ...............................................
$175
658615.1
DRAFT 0&4/014:33 PM B-2
Director.................................................................... $187
Principal Construction Manager ........................................ $228
Principal................................................................... $238
Public Works Administration Services:
Project Analyst 1 - IV .....................................................
$112-S142
Senior Project Analyst I - III ............................................
$147-$157
Senior Environmental Compliance Specialist I - III ..................
$163-$173
Support Services:
OfficeAssistant...........................................................$
94
Project Assistant I - III ...................................................
$ 97- $117
Additional Professional Services:
Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at
the rate of 5300 an hour. If required to meet schedule requests, overtime on a project will be billed
at 1.5 times the employee's typical hourly rate.
Direct Expenses:
Direct expenses will be invoiced to the client and a handling charge of 15% may be added. Sample
direct expenses include, but are not limited to the following:
• travel expenses • sub -consultant services • agency fees
• delivery/copy services • mileage (per IRS rates) • other direct expenses
Right to Revisions:
Wallace Group reserves the right to revise our standard billing rates on an annual basis, personnel
classifications may be added as necessary.
*Prevailing Wage:
State established prevailing wage rates will apply to some services based on state law, prevailing
wage rates are subject to change.
rev 5/1/06 B-1
792119.3
0Earth Systems
` — 4378 Oid Santa Fe Road I San Luis Obispo. CA 93401 1 Ph: 805.544.3276 1 www.earmsys ems.com
�"�� FEE SCHEDULE
(Effective January 1, 2021)
This schedule presents rates for professional and technical services in the fields of geotechnical engineering, engineering
geology, environmental consulting, construction observation and testing, and special inspection. Listed are charges for
services most frequently performed by Earth Systems. Additional services not listed are available and can be discussed upon
request; fixed -fee quotes for some services can also be provided upon request. To discuss a scope of work and fees for a
specific project, please contact our office.
PERSONNEL Hourly Rate
PrincipalProfessional............................................................................................................................................. $215.00
AssociateProfessional........................................................................................................................................... $195.00
SeniorProfessional................................................................................................................................................ $175.00
ProjectProfessional............................................................................................................................................... $160.00
StaffProfessional................................................................................................................................................... $145.00
Special Inspector, Prevailing Wage'...................................................................................................................... $135.00
Technician, Prevailing Wage'................................................................................................................................$130.00
Special Services/Caltrans Technician..................................................................................................................... $130.00
SpecialServices Technician....................................................................................................................................5110.00
SpecialInspector. .... ................ __ ........... ............. ....................... ........................... .............................................. $100.00
TechnicalAssistant.. ........ _ ...... - ................................................. ........ ...................................... ..................... ...... $95.00
Technician..... .......... ............... ............................................................................................................. ......... ........ S95.00
Clerical/Administrative............................................................................................................................................ 585.00
• Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations.
BASIS OF CHARGES, GENERAL
1. Field services for regular work days for non- Prevailing Wage projects are subject to a 2 -hour minimum charge.
2. Work performed on Saturdays, night work, and for premium hours (before 7 a.m., after 5 p.m. or more than 8 hours in
one day) for personnel are at time and one -hal. Work performed on Sundays and holidays, or when time exceeds 12
hours in one day, is at double time. Work performed on weekends. holidays, and when work starts outside of regular
business hours is subject to a 4 -hour minimum charge.
3. Charges are calculated in one-hour increments and accumulate on a portal-to-portal basis.
4. A 2 -hour cancellation charge applies if scheduled Inspection or testing is cancelled after 3 p.m. the day prior to the
scheduled work.
5. Mileage is invoiced at a rate of 50.75/mile (portal-to-portal). Nuclear density gauge charge: $10.00/test.
6. Weekly special inspection report charged at staff engineer hourly rate.
7. Subcontracted services, materials, rental equipment, out of town travel, and expenses are charged at cost plus 2096
Fixed per diem rates for specific projects can be provided upon request.
9. Rates are effective through December 31, 2021.
10. Laboratory and field materials tests are charged on a per testbasis. Fee schedules for laboratory tests are available upon
request.
PREVAILING WAGE PROJECTS
1. Field services for regular work days for Prevailing Wage projects are subject to a 4 -hour minimum charge, and after 4
hours will be billed in 1 -hour increments.
2. The prevailing wage (PW) rates presented herein are based on current rates established by the Department of Industrial
Relations (DIA). If, during the course of the project, prevailing wage rates are increased by DIR, rates are subject to
adjustment. Also, please note requirements concerning overtime, shift work, travel time, holidays, and other factors can
vary for different classifications of work under prevailing wage regulations.
3. Electronic submittal of Certified Payroll to DIR for prevailing wage projects will be assessed a fee of $85.00/week.
Additional time required to address specific requests related to DIR/labor Compliance will be charged at the
.clerical/administrative service rates.
Jaawa, 1, 2021 FEE SCnfp a
rev 5/1/06 B-1
7921193
CV-2101-001.FEF.REV1
KTUA HOURLY RATES
Senior Principal Planner
1185
Principal, Joe Punsalan.
$17S
Senior Associate 11 . ................... ..........
.................. .$165
Senior Associates ........................ ......
........... ......$155
Associate 11 .. ............................. .............
...........$135
Associate 1. Matt Wilkins ...... ......
Senior Designer/Planner 11 ...... ..............
...................... $120
Senior Designer/Planner . . . ............... .............
.. .... ...... $115
Designer/Planner ........ —.- ...........................
....... .. ... $105
Administration ............. .............. .........
— ........ — . . . $80
rev 5/1/06 B-1
792119.3
STANDARD BILLING RATES
Our standard billing rates are summarized in the table below. Annual rare increases will not exceed two percent.
Auto mileage will be billed at the IRS approved rate.
Staff
Flourlv Rate
Principal
S"(,
Designer
S181,
Enzneer
S 1'u
rev 5/1/06 B-1
MI 19.3
i< KITTELSON
& ASSOCIATES
KITTELSO\ & ASSOCIATES, INC.
BILLING RATE SCHEDULE
Effective Jauuary 1, 2021
The current billing rates for Kittelson & Associates. Inc., staff are as follows and are subject to
change:
Staff Billing Rate
Principal / Senior Principal $233-$320
Brian Rtn- S290
Associate Engineer/Planner $200-$230
Aaron Elias 5220
Senior Engineer/Planner $170 - $195
Engineer/Planner $150-$170
Transportation Anal} st $130-$145
Principal Data Scientist/Developer
S235-$320
Senior Data ScientistlDeveloper
$190-$230
Data Scientist/Developer
S160 -S190
Data Analyst/Software Developer
S]20-$155
Software Technician
S90-11115
Associate Technician
$160 - $190
Senior Technician
$145 - $160
Technician II
$125-$140
Technician I
S105 -S120
Office Support
$70 - $100
Sen ice & Other Direct Costs Billing Rate
Mileage $.56/mile
Travel & Other Direct Costs Actaal plus 10% markup
Subconsultants Actual plus 10% markup
rev 5/1/06 B-1
7921193
EXHIBIT C
Items Provided by City
None
658615.1
DRAFT 06141014:33 PM C-1
:3:11-1kr.]
Location Schedule
WftkL
659615-1
DRAF F 06.4 01 4.33 P,b1 D-1
EXHIBIT E
Insurance Requirements
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, its agents, representatives, employees, or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
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:
1. 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; p oducts 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.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance,
except for Professional Liability and Workers Compensation, 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.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
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.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than ANIL
658615.1
DRAFT 06/4/01 4:33 PM E-1
Additional Insured. The City of Atascadero will need to be added to the policy as Additional Insured by
endorsement, except for Professional Liability and Workers Compensation policies. Adding the City's name to
the Certificate of Insurance is not sufficient and will not be accepted.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance
of the required insurance coverage. Original endorsements effecting general liability and automobile liability
coverage required by this clause must also be provided. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved
by the City before work commences.
rev 5/1/06 E-2
792119.3