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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. rev 5/1/06 1 792119.3 Cityof6t Atascadero a _ Wallace Group 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. rev 5/1/06 2 7129913 City of Atascadero Wallace Group 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. rev 5/1/06 3 7129913 + A City of Atascadero _ WAllace Group y 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. rev 5/1/06 4 7129913 City of Atascadero Wallace Groupe 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 t rev 5/1/06 5 -7129913 City of Atascadero Wallace Group 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. v rev 5/1/06 6 7129913 City,of Atascadero Wallace Group 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. rev 5/1/06 7 7129913 s' wx _ -City of Atascadero Wallace,Group 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. rev sl1/06 8 7129913 G °CityofAtascadero Wallace Group 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. t rev 5/1/06 9 7129913 City of,Atascader_o Wallace Group 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 rev 5/1/06 10 7129913 x r 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 rev 5/1/06 11 7129913 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 658615.1 DRAFT 06/4/014:33 PM A-1 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$265 an hour. 658615.1 DRAFT 06/4/014:33 PM B-1 Invoicing: Payment will,be made within 30,days after receipt an&approval of invoice. Any additional services-authorizedby the City of Atascadero,=not included in the scope.of services as,defined by this contract; must;be approved in the form of a City of Atascadero Change Order prior to performing additional work. t Fee Revisions: a Wallace Group reserves the right to revise the Schedule of Fee&on a semi-annualL basis, and also to adjust hourly prevailing wage!rates (up or down) as the State establishes'rate changes. Personnel Classifications: Wallace GroupL may find it necessary to occasionally add new,personnel classifications to the 4 Schedule of Fees. 3f 658615.1 DRAFT 0&4/014:33 PM B-2 0 £=$ Wd££:b 10/17/90 JAVjJ4 1.519899 ' Rte. � In a W F.� �• � W Y+ }•� � 80 v a �i a �i N f- 5� N a W N N o' In a.W N = � � 999 wl CL rD rD IA r) r s N -0 C A A A p N W W W W N N O A -' p• W O ® W .. > yr W W A N Lf; pi t 'L v A S4 d W W N M a AJ C� C• C, P �. ` - '� c o • ��v� .�`Cr � �` p '� N � ur �..�� sf.,W� l b �a ��l.r Lo'r iQ ���+' lN. � T.r�• �'— - . • �" ""' v .6r �' Q°o - 1^i cr c 1r �L "' x t•r N 'f Stu +u w !919 � e o �t `� � pu- g; m cR+' L+ �nmw �i'i IS t9 m w � nr m 46 R .Ly- tL 1n hi bo ca 40 4A U i•• W N WN NyWy}��j AJ Wj V4�N J r N�j U 1_A VS w yqW InA u'U N pNp r� D , H 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