Loading...
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. rev 5/1/06 792119.3 City of Atascadero Wallace Group 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 rev 5/1/06 2 792119.3 City of Atascadero Wallace Group 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 rev 51'06 3 792119.3 City of Atascadero Wallace Group 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 rev 5/1/06 4 792119.3 City of Atascadero Wallace Group 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. rev 5/1/06 5 792119.3 City of Atascadero Wallace Group 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 rev 5/ 1 /06 6 792119.3 City of Atascadero Wallace Group 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 rev 5/1/06 7 792119.3 City of Atascadero Wallace Group 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. rev 5/1/06 8 792119.3 City of Atascadero Wallace Group 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. rev 5;1'06 792119.3 City of Atascadero Wallace Group 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 rev 5/1106 10 792111).3 City of Atascadero Wallace Group .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 rev 5/1/06 792119.3 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. 658615.1 DRAFT 06/4/014:33 PM A-1 EXHIBIT B Compensation and Method of Payment TOTAL COST OF CONTRACT NOT TO EXCEED $598,811.00 WITHOUT PRIOR WRITTEN AUTHORIZATION City shall pay Consultant an amount equal to the cumulative hours charged to the project by each class of the Consultant's employees times standard hourly rates for all services performed on the project, plus reimbursable expenses and subconsultant charges, if any. The total compensation for all services and reimbursable expenses shall not exceed the amount listed above. Any additional services authorized by the City of Atascadero, not included in the scope of services as defined by this contract, must be approved in the form of a City of Atascadero Change Order prior to performing additional work. All additional work authorized by a City of Atascadero change order will be compensated at the same cost basis indicated herein unless other terms are acceptable to City. Payment will be made within 30 days after receipt and approval of invoice. Payments to the Consultant in excess of the contract amount listed above will not be made unless written authorization is executed prior to the date of the additional requested work. Any charges incurred outside of these contract terms will not be authorized for payment. Consultant e Jor, e Aguilar, PE 8704 rev 5/1!06 B-1 7921193 Method of Payment Standard Billing Rates WF M wAl1ACE GROUP. Engineering, Design & Support Services: Prevailing Wage' AssistantDesigner/Technician.........................................$ 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