HomeMy WebLinkAbout2010-010 Wallace Group CITY OF ATASCADERO
1918 1979
CONTRACT FOR
r 'WALLACE GROUP
for
ATASCADERO TRANSIT CENTER DESIGN SERVICES
r �r ea; 1p
rAD�
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, Inc. ("Consultant"). City and Consultant
agree as follows:
1. 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 REVIEW: The Consultant agrees°-and hereby represents it has
satisfied itself,by its',own,reviewand 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 review:and research.
C. COMPLIANCE WITH EM
,- PLOYMENT LAWS'. The Consultant shall keepitself 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,-,ordinArlces; 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 Affect the conduct of the work.
PROHIBITED. Consultant shall not engage in
unlawful°emp oymen dis. UNLAWFUL Dc�rSm DISCRIMINATION
Such unlawful em ployment:discrimination includes, but is
not. limited to, employment discrimination based upon a person's race, religious creed, color,
nationals 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 aryprompt 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 noilater than May 10, 2015, unless extended by the mutual agreement
of both parties.
4. COMPENSATION:
A. TERMS, Compensation to the Consultant shall be as set forth in Exhibitr 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 he City Manager's:
authorized in advance `and'in writing by.the City Manager or t
des
-A Cnsultantge erhnr
shall necompensted forsnadd tonaservicesn the amounts andn°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.
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5. SUPERVISON, LABOR AGREEMENTS AND, PERSONNEL:
A. 1CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
_ responsibility for supervising ,the "services provided under,:this' Contract; hiring of personnel,
establishm d ; an
;of erfassignment of personnel, determining and. affecting
t discipline, determining requ red tra n ng, maintainingpersonnel files,,and other matters relating
to the performance of ,services ands-.control of personnel. The CityManager may use any
.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 withr 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 ther parties and it is agreed-by the parties that
the Consultant's performance shall not in any manner be subject to any bargaining
agreements) or any other agreement(s) the Consultant may have covering and/or with is
j 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 -underlhis Contract 'and' shall obtain the
approval of the City"'Manager, of a3lst of all proposed staff members who are to be assigned to
!, perform services under this Contract prior to any such performance:
6. TERMINATION:
F A. 30:'DAYS' NOTICE. The City,_upon thirty (30) days written notice,may term inate,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. OBLIGATIONSSURVIVE'--
- TERMINATION. Notwithstanding any termination-of ANS r
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 untilr 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 thisL Contractishall.survivetermination.
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7. CHANGES4
The City or,Consultant may, froml time, toAime, 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 change_sin the'schedulemust be
authorized, in , advance: by both, `'Parties in writing. Mutually agreedd, changes shall be
incorporated' ih- written amendments `to this .Contract. Any `.increase in the amount of
Consultants compensation and/or changes in Exhibit A and or Ex_hibit B must be authorized in
advance'by the,City Manager.
8. PROPERTY OF CITY:
= A. MATERIAL'S PREPAREDEXCLUSIVE PROPERTY OF CITY. It is mutually,agreed
that all materials prepared by the Consultant under this, Contract are upon creation and shall
be at aIII times the-exclusive'property, of the City, and the Consultant shall have no property
right therein whatsoever. City agrees ttiat Consultant shall bearrno;responsibility for any reuse
,of'the materials preparedty the Consu'ltarit if used for purposes other than those expressly set
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 writen,approval-of City including'without limitation information or
p q ` y g a'ge c i p its duties under,this
oreports,re uired b -government encies to enable Consultant to'.perform it
Contract and,aso - ay be;required-under the,California Public'RecordstAct excepting therefrom .
as °may bei,provided by court order.,,, Consultant will be allowed to retain copies of all
{ deliverables.
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
'1
the,. Qty', -'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
i., deliverables.to the City.
9.; CONFLICTS
OF INTEREST:
A. CONSULTANT°covenants hat neither it,nor any officer or principaly`of its,firm, has or :.
shall" acquire: any interest,L directly or indirectly, which would conflict in any manner-with Ahe
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;ensureAhat-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 conternplated'herein.
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10. CONFIDENTIAL`=aNFORMATION
A. ALL INFORMATION KEPT IN, CONFIDENCE. All materials prepared or assembled
r
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. REIMBQRSEMENT'',FQR UNAUTHORIZED RELEASE: If ;Consultant,or 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
information for any. damages -caused by the releasing party's, including the non-releasing
party's -atto-rney'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 otherparty and/or be present at any deposition, hearing or similar
=proceeding. Consultantand City agree to,cooperate fully with the other party and to provide
the other art with the opportunity.'to review an response to,discovery requests provided b
_ party PP Y ._ Y P rY 4 P Y
Consultant.or City, unless such cooperation creates a conflict of interest. However, City and
Consultant's riglt-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 al[ necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required,by this Contract,. City acknowledges that all equipment and other tangible
assets used by Consultant in,providing these services are the property of Consultant and shall
remainthe!property,of Consultant upon:te-rmination 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. A
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12. COMPLIANCE WITIKLAW:
A. COMPLIANCE REQUIRED. Consultant shalhkeep itself informed'ofhapplicable
local,state, and federal�.laws,and regulations.which may affect those employed by it or.in any
Way affect"the.performance of'itsservices,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 bythis Contract. Consultant shall at alli times hold a
valid
ltter if'perforM
nlnw h Sfunction or activity for which a license is required
pursuant to Cha p ( g. ection 7000) of Division 3 of the California Business_
and Professions Code, and Consultant shalllprovide 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.
B. PREVAILING WAGES. In the event it is determined that+the Consultant is required
to a prevailing wages for the^
pay p g g work performed under this Agreement, the Consultant'shall pay
all'penalties and wages as required'by applicable law.
13. SUBCONTRACTING:
None of the* ervices covered' by this Contract shall be subcontracted without the prior
written,consent of.the CityManager. Consultant shall be as fully responsible to the City for the
negligent acts,and omissions ssions 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 dine Consultant-from
ithe 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.
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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 and'subcontracto subcontractors. Thehe l'C toce and, the shall have no negligent
l fit of control over he manner in whi. its employees,, agents, tithe ork
_ y_ , : _ g 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 FORPROFESSIONALLIABILITY. 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 losses, liabilities,
damages, °costs and expenses,, including reasonable attorneys fees and costs to the extent
same are caused 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.
„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 #or"claims, suits, actions, arbitration
proceedings,,I-administrative proceedings, regulatory proceedings, losses; expenses or costs,
including' 9,
q,
defense costs, and expert
w tnes Tfees�wheee he sameear'
_ attorneys
an costs, court costs,�interes ,
attributable to, ,in whole or in art the ` erformance of.this Agreement y or are n ` any way -
ise out of; are a consequence
P P 9 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 eve. subconsultant or an other person or enti involved- by, for, with
ry Y P tY ior. on
behalf of Consultant in the, performance'of this agreement. In the event consultant fails ;to
obtain such indemnity:,obligatons 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 obligationAdAndemnify,and defend City as set forth here
is binding,on the successor, assigns uor heirs of.Consultant and shall survive the termination of
this agreement or,this section.
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1°7. INSURANCE:
Consultant- shall maintain prior to the 'beginning of- and; for the duration of this
Agreement insurance coverage as specified in Exhibit D �attached7 to and part of this
agreement.
18. RECORDS:
Consultant w 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'seNices 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 City, .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 related16 this Contract. Such records; together with supporting
documents, shall be maintained fora period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR." SUBSTITUTION. City has an NONDISCRIMINATION /
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, dis"ability',ethnicity, or national origin, and shall comply to1he,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,cbinply with
all of the provisions of the Fede`ral=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 unauthorizedaliens for the,performance of work
.and/or, services.' covered by this contract, and should( the Federal Government impose,
sanctions against the City, for,P uchi 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. GOVERNIN&LAW. They City andr 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`SLuis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
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°CityofAtascadero
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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 obligationsi 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,sof.City' _which consents shall not be unreasonably withheld. Any attempted
assignment-or substitution-shall be� neffective;, null, and void, and constitute a materia[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 #or written modifications cannot be waived and any _
attempted waiver-shallbe 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 hasjhad 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 iof 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.
I. SEVERABILITY.: The invalidity; illegality or unenforceability,, of any,provision of this
Contract shall notrender th6-other:provisions invalid; illegal or unenforceable.
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J. TICE11 All,invoices, payments, notices,demands, _requests,;comments, or
approvaISL that are required fo be given'by one partyjto the other under this Contract shall be
ins writing and shall' be deemed to _have 'been:given'if--delivered:personally or enclosed in a
properly addressed envelope'and deposited in a United a States Post Office for delivery by
registered or certified=rnail,addressed to the parties (deemed."to have been received'three (3)
business days,afterdeposit in°the U.S. Mail)`at the following`addresses:
City: City of Atascadero
Department of Public Works
6907 EI Camino Real
Atascadero,°CA 93422
Consultant Wallace,Group
Brad Brechwald, PE
612Clarion Court
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.
2 AGREED to this 11' day'of May, 2010. by the parties as follows,
Approved as to form: WALLACE,GROUP
2/ld
Don. dt_, : Vdechw"lae
Chief Financial'Officer � l, W oup
Approved as to�fo . : CITY OF ATASCADERO
By: By:
Brian Pierik, City-Attorney Wade McKinney, City Ma ager
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City.of Atascadero -
Wallace Group
CERTIFICATE OF COMPL'IANCE,
Q
' WITH 'LABOR CODE§ 37.00
aware .I the,provisions
fStl ` Crequire everyemployer p toyer
to-bouredagainst liabilityfor w rkers'-compe aton or undertake self-insurance .n ..
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.
§§1'860; 1861.)
CONSULTANT
Br Brecticeloup
rincipal,
r
y
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EXHIMTA -Scope°of Work
Wallace Group will provide the following services withimthe,scope of this�contract: analyses
anddatagathering; prelim-ha y"design 'refinement and final design development,construction
documents and equipr66dt-specifications,--and construction,administration,support for the
construction of a.Transit Center in downtown Atascadero.
TASK 1
1.1: Kick=offMeeting and Analyses-Wallace Group will attend one (1) project kick-off meeting with
City staff.
1.2:Topographic Survey.and Map; Wallace Group will perform a topographic survey of the area. The
opographic survey shall include`right-of-way and property lines.
1`.3 Plot,Underground Utilities
Task 1+Deliverables:
• Attendance-(Landscape"Architect andCivil Engineer) at one (1) kickoff meeting and site walk.
One (1,)'technical memorandum summarizing the action items from the kick-off meeting..
• One (1) project schedule.
One (1,) technical memorandum summarizing traffic analysis.
• Three(3) hard copies of the Topographic Map.
•
Digital.file of the Topographic Map in AutoCAD format.
TASK 2
a 2.1 Design Development prepare a refined,-scaled preliminary site plan and two (2) computer-
rendered perspective,views�of the proposed concept. 'Two (2) meetings with City staff to review the
refined design and receive comments.Anticipatedadditional discussions of construction phasing will
occur at this.time. (1)'round of site plan-revisions. Revisions after,the second meeting will be
incorporated during the construction document phase. If significant changes are required (greater than
_5%of design changes);'additional'revision rounds will be provided as an additional service once
authorized by-an approved Change Order.
Task 2Deliverables:
• Refined;scal`ed!preliminary site plans (black & white) based�onthe information`aiid,base
developed from_Task 1. This design shall be presented at-a scale that is appropriate to facilitate
discussion of items such as materials placement and quantities as Well as the relationships and
scale7oselect ons:Wallace'Group shall supply five preliminary site plan on bond and an electron'
f items such as`monuments, paths, walls, rams avetl areas and si nature tree
is copy
°on,CD.
Two (2) computer-rendered perspective views of the conceptual design (with electronic copy)
• One.(1) site plan revision-;round,,(with electronic copy)
• Two (2) meetings with City staff
• Wallace Group shall'prepare all meeting agendas and minutes
TASK3
Task 3.1: Engineering Plans,Details and`Specifications Wallace Group will provide a cover sheet,
site plan, grading plans,
ans, construction layout planswith dim,,.
h , erosion control plans, streetsc
ape
improvement,plans,,schematic compositeutility p an, andetai - s needed for each of the plans.
rovide structural reviewfor site retaining walls, stairs, andWallace Group Structural Engineers willp
footing design for,pre-fabricated,;overhead-structures.`,Wallace1-G roup will provide performance
specifications for a contractor-prepared Traffic Control Plan and'Storm Water Pollution Prevention Plan
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City:of Atascadem
Wallace Group
SSW wP)ari appist ate fees,preparing a Notice of`Intent (NOI) for the City to sign and submit to the
.2
,ask3.2 -Landscape Architecture Plans, Details and Specifications-Wallace Group will provide
sgnagp
e lans,;,planting plans, irrigation'plans, details and specifications for planting, irrigation, specialty
hardscape, and�site.appurtenances. Wallace Groupwill=work closely with engineering staff to develop
the construction layout°plans andL with Thoma Electric, Inc.,for site and landscape'lighting design. A
scaled, illustrative site plan representing the fina[designxlayoutwill be provided.
Task 3.3: Electrical°Plans-Thoma Electric, Inc. (Thoma) will prepare electrical design plans to
provide lighting. The plans will.be prepared at the same deliverabl&1milestones as the other plans in
Task 4. Wallace Group and Thoma;,will'coordinate with,the City to select.the lighting fixtures and
accoutrements. Thoma will also prepare the following:
• Title 24 lighting energy documentation forms as required for exterior lighting systems.
• Connections to site equipment specified',under sections other than,Division 16 that requires line
:x
voltage connections when information and electrical requirements are provided for coordination
(i.e. irrigatiotf controller, etc):,
• P-art ial'.power, single line diagram and distribution system as required,to show circuiting to new
loads.
• Process and obtain the PG&E"hand-out package." =
Devise'layout, circuiting and panel schedules.
'- Lighting controls
U
Task 3.4 Traffic Engineering Analysis,- Pinnacle Traffic Engineering,will reviewthe proposed signing
,
and striping plans at°thec30%stage to-provide;quality assurance to the,layouts of proposed
improvements including all appropriate general notes, legends, abbreviations and construction notes.
Task 3.5 Bid Support Wallace Group will provide support to City staff during the.project_bidding
process and attend the pre-bid job walk. This support will include clarifying questions in the contract
documents via written responses provided to the City for disbursement to the bidders.
Task 3._Deliverables:
Up toTenJl1o)sets of construction drawings at the 30%, 90%,zand7.final completion, prepared in
AutoCAD and printed on;24" x 36"sheets. Wallace will check in-with the City to determine the
, exact amount of sets that are needed,;prior to submittal.
+ One (1L),plan,view,lull-color, artistic rendering including aplant list and photographic examples
of the proposed plan types.
• Technical specifications to be added to'a City preparedfront-end document.
• °Stamped and signed Estimate of Probable Construction Cost on 81/F x 11" sheets.
Wallace Group.attendance (Civil;'Engineerand Landscape Architect) at one (1) review meeting
at the 30%deliverable and one(1) review meeting`atJ,he 90%deliverable (both meetings will be
at the City°offices.) Q
• Value..engineering memorandur m,listing�recommendations,to reduce the project scope.
• Response to Requests.for Information,(RFIs)`durir g the bidding process.
• All deliverables will be provided.0 AutoCAD and or.PDF format on CD.
A-2
a a:
a City of-Atascadero _
Wallace Group
TASK 4
r
n'
= Task 4'ConstructidwSupport-Wallace Group shalhprovide field.observation/supervision-�to verify
compliance:with,the Contract,Documents, including the following:
• Review and,respond to RFls.e
• Review ertinent shoprdrawin and material submittals, identified in the construction
. P � 9'
specifications.
• Conduct-up_to six (6) site visits during„the construction phase:.
• Provide one (1) punch,lii
• Provide one (:1)_set of-0Record,”Drawings for civil engineering improvements. These will be based
on,the,;Engineer's,obsorvations.and the records of changes to,be,provided by the Contractor
and.the Construction Contract Administrator. The record,drawings-shall be submitted in
AutoCAD and PDF file formats on CD
Following is a list'of the site observations
Civil:
• Wall'and footing forms and reinforcement
i rn
• Curb and gutter forms priorJo pour
Water system.thrust..restraint prior to'pour
Final walk through punch,list
•. Final inspection
The;trench°backfill and engineered fill"will be inspected by the geotechnical consultant provided
by the City:
Landscape:
• HardScape
• Review,material representative sample installations
0 Review'layout
t] e
Irrigation
• System operational test
Planting. .I. r
• ;.Substantial,completion inspection—punch list
• : 30-day,'maintenance inspection
60-daymaintenance inspection
• Final inspection
Task 4 Deliverables:
• Wallace Group attendance (Civil,Engineer and,Landscape Architect) at the preconstruction
meeting
• Civil,Engineer attendance at six (6) oh=site�construction meetings in conjunction with milestone
inspections ,
• Landscape Architect attendance,at five (5) on-site.construction meetings in conjunction with
milestone inspections
• Response to Contractor RFI's,in memorandum format'on'811Y x 11" sheets
A-3
city,of}Atascadero'
Wallace,Group
Additional,site visitsTrequested.beyondthe.maximum listed shall'be compensated at4rate not-to-
exceed the hourly billing rate of the Principal in charge'of the project. A'Schedule of Fees is included in
Exhibit B.
' 3
f 4
A-4
t
EXHIBIT B
Compensation-and Mdth6dj of Payment.
Wallace Group will perform,the_;services as-agreed,upon in the-,Scope of Services in
accordance with{the stated.Schedule:of Fees.,Services will be invoiced,monthly on an
accrued`cost basis,;and'total fees, including,reimbursables,,will not exceedthe fined fee of
$71,972.00: All reimbursables'Will.be covered to a maximum amount of$3,900.00 for the
duration of the contract. ThetreimbursAble:allowance of$3,900 is included in the total
contract amount of $71,972.00.
Any-additional services authonzedby the Citybf Atascadero, notincluded in the scope of
services must be"seves approved by a'City'of Atascadero Change Order prior to the commencement
of the additional r
Schedule of Fees A.
Personnel Hourly Compensation
u
Engineering Services: PreVailina Wage
Principal ... :......,......................... ..............................$168
Principal Engineer.......................................................$158 n
Director of Civil Engineering. ....................$147
Director of Mechanical Engineering...........................$147
Director of.'Water,Resources......................................$147
Wetland's Specialist-
......................................................$152
Senior Civil Engineer,) IL..........................................$137 - $142
Senior Environmental Resource Engineer I — II .........$13T- $142
Senior.,Mechanical Engineer I - II' ........................$137 - $142
Civil Engineer I = III .......,...... ...........................$116 - $126
Jy e
Senior`Civil Designer l — II.... ..................................$126 -'$131
Engineering Associate I -V.......................................$ 95 - $121
Project'Analyst I - III ..................................................$ 79 - $116
Engneerin 9" Assistant I III ..... ................ 63 - $ 79
Administrative Assistant I I I I ...... ..... ...................$ 61 - $ 66
ADM INISTRATIVE>SERVICES
Senior Financial Analyst................ .:.... ..,...,. ........$116
Financial Analyst I II ................... ..... ......... ... ..$ 79- $100
Administrative Assistant'I — III .................................... ...$ 61- $ 66
Additional Professional Services r
Fees for expert witness preparation, testimony, court appearances, or depositions will be billed
at the rate of$265 an hour.
658615.1
DRAFT 06/4/014:33 PM B-1
Invoicing:
Payment will,be made within 30,days after receipt an&approval of invoice. Any additional
services-authorizedby 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.
t Fee Revisions: a
Wallace Group reserves the right to revise the Schedule of Fee&on a semi-annualL basis, and
also to adjust hourly prevailing wage!rates (up or down) as the State establishes'rate changes.
Personnel Classifications:
Wallace GroupL may find it necessary to occasionally add new,personnel classifications to the
4 Schedule of Fees.
3f
658615.1
DRAFT 0&4/014:33 PM B-2
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bEXHIBIT"C
Items.Provided by City
• Copies of City-owned utility plans, as-built drawings,-record'drawings and/or utility atlas
plans for plotting evidence,of City-owned underground'utilities.
Geotechnical report
658615.1
DRAFT 06/4/014:33 PM C-1
EXHIBIT D
Insurance Requirements
Th`e Consultant shall procure and,maintain for the duration of the contract insurance against claims for
injuries t6persons or damages to property which mayl arise from or inr connection with the performance
of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants.
Minimum Scope of,insurance. Coverag&shall be least as broad as
1. Insurance Services'Off ice Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
1 (any,auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability,insurance as appropriate to'the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less,than:
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, y
either the general aggregate limit shall apply separately to thisVoject/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:l.The City, its officers, officials;- employees,, agents and volunteers are to be
covered as insureds as respects:� liability'arising out of activities performed by or, on behalf of the
Consultant; products and completed operations of the Consultant; premises owned, occupied or, used
by the Consultant;or-automobiles owned',,leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers, official,
employees, agents or volunteers.2. For any claims related to this project, the Consultant's insurance
coverage,shall.'be primary insurance as respects the City, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City,. its officers, officials, employees,-
agents
mployees;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
orsuit is''brought, except with respect to,the limits of the insurer's liability.4. Each insurance:pIolicy
'. 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'_
ertified'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 A:VII.
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 omits behalf. All endorsements are
to be received and approved by the City-before work commences.'
658615.1
DRAFT 0&41014:33 PM D-1