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HomeMy WebLinkAbout2012-017 Wallace Group Del Rio Interchange CITE' OF ATASCADER0 ff igen CONTRACT FOR WALLACE GROUP for INTERCHANGE PLANNING AND DESIGN SERVICES FOR THE DEL RIO ROAD FREEWAY INTERCHANGE PROJECT i a rt ItoCAD 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: 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 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 December 31, 2014 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. rev 5/}/06 2 792119.3 City of Atascadero Wallace Group 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 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. rev 5/1/06 3 7921 19.3 City of Atascadero Wallace Group \ 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 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. 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. 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. rev 5/1/06 4 7921 19.3 City of Atascadero Wallace Group 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 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 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. 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. rev 5/1106 5 792119.3 City of Atascadero Wallace Group 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. 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. rev 5/1/06 6 792119.3 City of Atascadero Wallace Group 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 as defined under Civil Code 2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees ("Indemnified Parties") from and against any and all 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. 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. 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 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. rev 5/1/46 7 7921 19.3 City of Atascadero Wallace Group t 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. 1.8. 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 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 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 a 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, 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 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. 1. 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 9 7921 19.3 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 Department of Public Works 6907 EI Camino Real Atascadero, CA 93422 Consultant: Wallace Group 612 Clarion 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. Effective this 28th day of November, 2012 by the parties as follows, Approved as to form: Wallace Group By: Counsel for contractor Jor A uilar, P ncipal Engineer Approved as to form: City of Atascadero BBy:-- Brian Pierik, Agency Attorney Wade McKinney, City Mana r N 14 rev 5(1!06 10 792119.3 City of Atascadero Wallace Group CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 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 r Jorg Ag lar, Pr' cipal Engineer Wallace Group rev S/1/Q6 792119.3 City of Atascadero Wallace Group z CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.) Attention is given to the fact that both Federal (Davis-Bacon)and State of California prevailing wage rate requirements apply to this project. Not less than the greater of the Federal Davis-Bacon wage rates or the general prevailing wage rate of per diem wages and the Federal prevailing rates for holiday and overtime must be paid on this project. State of California prevailing wage rates are available online at www.dir.ca.gov/disr/f)wd/southern.htmi. Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (labor code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor shall comply with all provisions of Labor Code section 1775. Under section 1775, Contractor may forfeit as a penalty to city up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under§ 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code sections 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Consultant i Joweilar, Pr' cipal Engineer rev 5/1/06 12 792119.3 EXHIBIT A Scope of Work Consultant services will include, but are not limited to, providing transportation planning, Caltrans Project Study Report, design exceptions, fact sheets, roundabout design analysis, plans, reports, preliminary construction cost estimates, drainage / storm water design and coordination with the City's environmental consultant as needed to obtain Caltrans approval. Task 01 — Project Management and Quality Assurance Primary components of this task will include: Project Administration of contractual and financial functions, schedule, invoicing and budget monitoring, status reports will be prepared on a monthly basis to accompany invoicing for services. Quality Assurance/Control & Constructability reviews will include preparation of a Project Management Plan as well as report and plan reviews. The Quality Assurance function will include the production of the "Design Checklist" per Caltrans Design Information Bulletin (DIB) 78 requirements for the PSR (PDS) and the PAED phase. Deliverables: Status reports and invoicing Schedule and updates Project Management/Quality Assurance/Control Plan CT DIB 78 Design Checklist Task 42— Project Development Team and City Meetings This task is primarily focused on initiating and continuing the formal coordination process with Caltrans and the City. The Consultant shall assist the City in the process of defining the Cooperative Agreement for the review of the project through the Caltrans process. This task is calculated at up to 40 hours of support time. Caltrans will implement the steps required by the Caltrans Project Development Procedures Manual (PDPM) and organized per their Work Breakdown Structure (WBS) functions to initiate the project and identify a Project Development Team (PDT). Consultant to call for a Project Charter that includes the formation of a Core PDT leadership team. The formation of the Core PDT is to be facilitated by the Caltrans PM, working with the City PM and the Consultant PM. Up to 2 members from the Consultant team will participate in this process that is expected to need 2 meetings with Caltrans and follow up work by the Core PDT members. 658615.1 DRArT 06!4!111 4:33 PM A-1 Caltrans meetings will be coordinated by Consultant to include notices and agendas, running of the meetings, and distribution of meeting notes that will include action items. Consultant will participate in up to 10 Caltrans meetings on behalf of the City (Consultant's civil engineer anticipates 3 trips to participate in up to 3 Caltrans meetings and Consultant's transportation planner anticipates up to 5 trips to participate at up to 5 meetings as a part of this task). City meetings will be coordinated as part of the trips to participate in the Caltrans meeting. Deliverables; Meetings (12 Caltrans, 12 City, participation as listed in task), Project Cooperative Agreement Assistance Meeting Agendas and Notes Project Charter & Core PDT Formation Task 03— Intersection Control Evaluation/Roundabout Concept Approval Report Upon Notice to Proceed, the Consultant will execute an objective Intersection Control Evaluation effort using data from the previously prepared Environmental Impact Report (EIR) and its technical studies. Upon conclusion of these efforts, Consultant will provide a full understanding of key project issues related to traffic analysis and intersection geometry and an assessment of potential risk items to manage during the subsequent design and environmental evaluations. The tasks include: 1. Request crash data from Caltrans for the Del Rio Road interchange area including US 101 ramp merge and diverge areas, Del Rio Road ramp terminal intersections, and EI Camino Real/Del Rio Road. This data will be used to inform potential benefit cost considerations of intersection control options. 2. Conduct 2035 no-build evaluations considering commercial land build out and build out of the general plan. Consultant will draw from existing published forecast traffic data from the EIR. Consultant will not model or otherwise generate new or unique traffic data. 3. Conduct 2035 Mitigation Evaluations. a. Signalized intersections (3 locations) b. Roundabout locations (3 locations) with Ramona Road at the SB ramp terminal intersection c. Roundabout locations (3 locations) with Ramona Road realigned from the SB ramp terminal intersection Traffic operations results will include summaries of estimated delay, volume to capacity ratios, queuing, and level of service. Operations analysis tools could include SIDRA, HCM 2010 methodologies, and Synchro (for non-roundabout intersections). 4. Generate Design Concepts (horizontal plans for the three intersections being studied) a. Signalized intersections (3 locations) b. Roundabout locations (3 locations) with Ramona Road at the SB ramp terminal intersection 658615.1 DRAFT 06/4/01 4:33 PM A-2 c. Roundabout locations (3 locations) with Ramona Road realigned from the SB ramp terminal intersection The design concepts will reflect conventional and roundabout intersection best practices in considering operations results and design vehicle needs (assumed to be an STAA vehicle or CA design vehicle for various movements). The concepts will be all of one traffic control form across the three intersections being studied (i.e., all roundabouts or all conventional forms). Roundabout configurations will consider fastest path, path overlap, sight distance, and pedestrian and bicycle treatments. Developing the design concepts will allow general consideration of construction implementation discussion points. Given the constrained geometry and limited cross section of the US 101 bridge, special attention will be paid to bicyclists and ADA needs with a focus on serving visually impaired users. This includes considering and not precluding the potential application of Pedestrian Hybrid Beacons (PHB) at the roundabout pedestrian crossings. Construction sequencing could influence or be influenced by traffic handling needs. The traffic handling assumptions of the EIR and separate approvals for traffic handling and adjacent interchanges will be finalized by others related to the EIR effort if needed. Handling assumes Del Rio Construction is completed in advance of the commercial development opening. Consultant will support the project team efforts to establish Caltrans acceptance of non-Del Rio Road interchange topics using published EIR traffic information. 5. Conceptual Del Rio Road Profile, Consultant will jointly develop the vertical information for the alternatives using City mapping and Caltrans record information. 6. Order of Magnitude Cost Opinions a. Planning level based on readily available Caltrans or City unit prices or for similar efforts. The costs will primarily be used to understand the potential magnitude of interchange costs and the comparative evaluation between the roundabout and signalized concepts. 7. Meetings with Caltrans, Consultant will lead the efforts to prepare for and conduct these meetings (two Consultant staff at two of the three meetings). a. Draft final analysis results meeting (workshop format) i. General findings (operations, design, focus areas) ii. Special design focus areas to be explored in next steps iii. Concurrence on subsequent review activities Consultant will coordinate with Caltrans Headquarters staff to explore opportunities to use the Del Rio Road interchange as a "pilot" of Caltrans proposed Industry Capacity Expansion (ICE) process. The ICE process is intended to eliminate the roundabout Concept Approval Report (CAR). However, for the purposes of this scope of work, Consultant shall assume a limited assessment of the roundabouts and lite version of a CAR will be needed and the input from the ICE activities will form the basis of the report. 658615.1 DRAFT 06/4/014:33 PM A-3 b. DRAFT presentation with resolutions meeting (workshop format) This meeting will be a follow up on the outcomes of the first meeting, clarify design and focus area findings, validate general findings and outcomes, and confirm intersection control recommendations, and receive concurrence on approval documentation approaches. c. Final Meeting and Approval This meeting is intended to solidify intersection control evaluation results, validate approval of documentation, and clarify next activities associated with Project Study Report-Project Development Support (PSR-PDS) activities. 8. Meetings with City of Atascadero a. Up to two meetings in conjunction with and tied to the two Caltrans meetings b. Meeting with City leadership covering "Roundabouts 101" and Del Rio interchange analysis findings. Consultant will lead the appropriate intersection control evaluation, ICE results, and approval discussions as well as roundabout fundamentals with City staff. These meetings will occur in conjunction with the three Caltrans meetings. Consultant will include some fundamental roundabout education outreach in the initial intersection control evaluation efforts in the form of "Roundabouts 101" presented to City leadership. The early focus on the intersection control evaluations should expedite the geometric approval drawings and limit the analysis required for a CAR. This early action will identify potential project risks and establish mitigations and actions to address issues early and quickly and, therefore, avoid future pitfalls and delays. Outcomes of this immediate effort will lead to the first set of horizontal and vertical geometrics that will become the basis for the 30% design. Consultant can expect one round of comments from Caltrans, and the City on the Intersection Control Evaluation Report and the Roundabout Concept Approval Report. Consultant will produce a draft version of both reports and a final version of both reports. Deliverables: Intersection Control Evaluation report, Concept Roundabout Configuration (2 alts) Concept Signalized Intersection (1 alt) Performance Checks (design vehicle, sight distance, fastest path, pedestrian & bicycle features, ADA considerations) Roundabout Concept Approval Report (if required) Refined roundabout configuration Revised performance checks Special features and focus areas Roundabouts 101 Presentation 658615.1 DRAP1'06/4/01 4:33['M A-4 Task 04— Project Study Report-Project Development Support A PSR-PDS will be prepared conforming to the June 13, 2012 update of "Appendix S - Preparation Guidelines for Project Study Report-Project Development Support Project Initiation Document" contained in the Caltrans Project Development Procedures Manual (PDPM). The PSR-PDS will include the following sections: 1. Introduction 2. Background 3. Purpose and Need 4. Traffic Engineering Performance Assessment (TEPA) 5. Deficiencies 6. Corridor and System Coordination 7. Alternatives 8. Right-of-Way 9. Stakeholder Involvement 10. Environmental Determination/Documentation 11. Funding (Capital Outlay Project Estimate and Capital Outlay Support Estimate) 12. Schedule 13. Risks 14. FHWA Coordination 15, District Contacts 16. Project Reviews 17. Attachments Location or vicinity map Z Storm Water Data Report Signature Alternative Preliminary Geometrics Sheet Alternative Typical Cross Sections v Right-of-Way Data Sheet and Preliminary Environmental Conceptual Cost Analysis Report (PEAR) so Six-Page Cost Estimates Structures Advance Planning Traffic Operations Analysis Report Studies 41� TMP Memo & Checklist Risk Register A critical component is the establishment of the correct and accurate Purpose and Need that is supportable by the Environmental Determination (ED) studies. This will come from the review of existing documents and in consultation with the City and environmental team members. The Traffic Engineering Performance Assessment will be based on Consultant's early and approved work. Right of Way data sheets are anticipated to be included in the PSR-PDS that will address the potential affects to two parcels in the SW quadrant, one in the NW quadrant, one in the SE quadrant and one in the NE quadrant. Alternatives Though contained in this study the majority of the development of these alternatives will be accomplished in the ICE and CAR Task. Minor refinements and additional work such as delineation of Typical Section where applicable are anticipated in this task. For accuracy in estimating, a preliminary geotechnical analysis is included as an optional task. Potential geologic and geotechnical hazards and impacts such as slope instability, erosion, settlement, subsidence, expansive soils, and naturally-occurring asbestos will be evaluated and discussed. Potential seismic impacts, including nearby faults and the potential for seismic- 058615.1 DRAFT 06/4/014:33 PM A-5 related hazards such as fault rupture, ground shaking, liquefaction, lateral spreading, seismically-induced landslides, and seismically-induced settlement are required to be discussed. Preliminary seismic design values for structures will be prepared in accordance with the 2009 Caltrans Seismic Design Criteria. Where potentially significant impacts are identified, potential mitigation measures will be presented and recommendations for further study will be provided. This optional geologic/geotechnical study has been estimated at approximately nine thousand dollars and is included in this contract. Preliminary Drainage Study A preliminary evaluation of the hydrology and highway drainage associated with the preferred project alternative shall be prepared. Caltrans drainage criteria established in Chapter 800 of the Highway Design Manual and regional requirements from Caltrans District 5 will be used to guide the preliminary drainage assessment. The need for roadside ditches, detention/retention basin, drainage inlets and piped systems will be identified. A preliminary drainage study shall be developed to identify the level of drainage improvements and general placement of new drainage facilities that will need to be incorporated as part of this new interchange project. A draft and revised report will be prepared to support this task. Storm Water Data Report This project will take place within Caltrans right-of-way and Caltrans requires the preparation of a Storm Water Data Report (SWDR) to document the decision making process associated with storm water best management practices (BMP) implementation and to serve as a basis for Caltrans' compliance and monitoring program. A SWDR shall be prepared in accordance with Caltrans Project Planning and Design Guide and Storm Water Management Plan. Stormwater best management practices will be required to comply with the Caltrans NPDES Permit, (Order No. 2012-0111-DWQ), but additional requirements from the Central Coast Regional Water Quality Control Board are not expected. Long term operations and maintenance plans and procedures that may be required by the NPDES permit are not covered by this contract. The document will include: A detailed discussion of the stormwater quality issues specific to this project; * A description of the proposed design pollution prevention BMPs; * A description of the proposed permanent treatment BMPs; * A description of the proposed maintenance BMPs; Supporting design calculations where appropriate; * BMP cost estimates will be included in the six-page estimate as a percentage of construction costs; * Completed SW-, DPP-, and T- checklists; and Maps and exhibits. This contract includes preparation of a Draft and Final Report (eight copies each submittal). Comments will be addressed from the Draft review and incorporated into the Final Report. The SWDR signature sheet will be included as an attachment to the PSR-PDS. Geologic/Geotechnical and Materials Assessment A preliminary of the geologic and geotechnical conditions and hazards for the project area will be conducted by Consultant. Potential geologic and geotechnical hazards will be evaluated and discussed. Preliminary seismic design values and anticipated settlements for structures will be discussed as a part of the initial review. Where potentially significant impacts are identified potential mitigation measures shall be presented and recommendations for further study identified. A written report will be prepared. 658615.1 DRAFT 0614/01 4:33 Piet A-6 Cost Estimates Consultant shall develop construction quantities and prepare Caltrans standard six-page cost estimates for each of the Initial Phase and Ultimate project alternatives (six six-page estimates total). The unit costs for construction items shall be based on current bids. This scope includes preparation of Draft and Final estimates which will be included in the Draft and Final PSR-PDS. Consultant to prepare and circulate the Draft PSR-PDS to the City for the purposes of gathering comments. A formal comment/resolution sheet will be provided from each review and accompany each subsequent submittal. This will ensure proper documentation of comments and that all comments are addressed. This contract allows for addressing comments from the Administrative Draft PSR and Draft PSR submittals. The Final PSR will be submitted as a signature ready copy for Caltrans to approve. Deliverables: Administrative Draft PSR-PDS (8 copies, 1 pdf) Draft PSR-PDS (8 copies, 1 pdf) Signature ready Final PSR-PDS (2 copies, 1 pdf) Task 05 - Survey & ROW Densification Dakos Land Surveys worked with local aerial mapping resources and the City to prepare the mapping for the early effort on the project. Caltrans District 5 staff provided record monument and right of way information to develop the existing topographic mapping to a level sufficient for initial planning work. Consultant to overlap the phases of work and proceed with survey densification efforts and a Quality Assurance (QA) process of the existing information. Consultant will provide up to three field days of a two person crew to gather additional data for conform areas and confirmation of record level Right of Way (ROW) delineation. Two days of Consultant office support work are included in this contract for the field work. Consultant will provide a peer review of the existing topographic mapping to confirm conformance to Caltrans standards. Existing information provided by Dakos will be obtained and reviewed, additional information provided by Consultant will be incorporated appropriately, and "spot checks" of survey data using Caltrans control network will be conducted. Datum and random checks of planimetry data will be reviewed to document conformance to Caltrans Survey Manual and Right of Way standards. This work will provide the mapping checks required in the PAED/PS&E delivery and for the plans to be reviewed by Caltrans. The result will be early preparation for the Caltrans review process. Consultant to prepare a photo log/inventory of the interchange site. The photo log will be used to record the existing conditions prior to construction. This log will allow electronic sharing of current site information and allow the design to proceed while minimizing the need to visit the site numerous times over the life of the project. Deliverables: Topographic survey densification ROW delineation check Topographic survey QA Caltrans conformed ACAD topo file Interchange Existing Photo Log 65861 .1 DRAFT 06(4101 4:33 1'M A-7 Task 06– Environmental Review Coordination Caltrans environmental clearance process is managed through the District 5 and Central Region review staff thus engaging with the Office Chief and the Branch Chief for environmental review along with the Consultant is recommended to discuss the existing info and recommendation forward. The environmental clearance process will be the critical path in the schedule to get Caltrans Approval for the project and District 5 Director signature on the Project Report (PR). Consultant shall meet with City and Caltrans representatives in person or via teleconference on a regular basis to keep the coordination moving forward for the life of the environmental clearance activities. Consultant shall provide support to the environmental clearance specialists with transmittal of layout linework in CADD format. Consultant to incorporate the information into the PSR-PDS and PR documents. Task 6.01 Preliminary Environmental Assessment Report (PEAR) Consultant will prepare a Caltrans Preliminary Environmental Analysis Report (PEAR) to document the purpose and need for the project, the description of work, the alternatives considered, the environmental technical reports required, permits anticipated, and likely cost range of mitigation. This contract anticipates that the PEAR will evaluate three project alternatives: • the teardrop design with the Ramona Drive frontage road remaining in place • the teardrop design with relocation of Ramona Drive frontage road to the west • the No-Build alternative, in which the existing signalized intersections remain in place. Consultant will submit the Draft PEAR to Consultant, the City, and Caltrans for review and comment. It is anticipated that Caltrans will provide one set of consolidated comments, and a second round of review by Caltrans will not be required. Consultant will make revisions based on the comments received and will submit the revised PEAR to all parties. Task 6.02 Technical Studies and Memos Consultant to prepare the following technical studies necessary to support the Initial Study with Mitigated Negative Declaration (IS/MND). Air Quality/Greenhouse Gas Emissions Consultant will use the San Luis Obispo County Air Pollution Control District California Environmental Quality Act (CEQA) Guidelines as the basis for assessing air quality and greenhouse gas emissions impacts, including the document's recommendations for analytical approaches, thresholds, and----if necessary—mitigation measures. Consultant will model construction and operational criteria pollutant emissions using the applicable computer model. In addition, Consultant will model and evaluate the proposed project's greenhouse gas emissions, including consistency with applicable strategies intended to reduce such emissions. Consultant to summarize the results of the analysis in the Mitigated Negative Declaration (MND) and will include the air quality modeling data as an appendix to the MND. 658615.1 DRAFT 06!4(01 4:33 1'.M A-$ Biological Resources Consultant shall prepare a Biological Resources Assessment to evaluate the potential presence of special-status biological resources within the project vicinity. The Biological Resources Assessment will involve the following activities: Review of any previous biological documentation prepared for properties within the project boundaries Review of biological databases including the California Natural Diversity Database. Feld reconnaissance, in which a biologist will visit the site to conduct a baseline biological resources assessment to document existing biological resources on the site, and determine the potential for sensitive resources ® The preparation of summary report that will detail the results of the database review, field reconnaissance, and any resources discovered Consultant will summarize the Biological Resources Assessment in the MND and include the complete technical report as an appendix to the MND. Cultural Resources Consultant shall prepare a Phase I Cultural Resources Assessment to evaluate the potential presence of cultural resources within the project boundaries. The Phase I Cultural Resources Assessment will involve the following activities: • Review of any previous cultural documentation prepared for properties within the project boundaries • Record searches at the Central Coast Information Center and the Native American Heritage Commission • A field survey consisting of evaluation of all structures and, where appropriate, transect intervals of 15 to 20 meters walked in a zigzag pattern to ensure complete coverage m The preparation of summary report that will detail the results of the record searches, field investigation, and any resources discovered. Consultant shall summarize the Phase I Cultural Resources Assessment in the MND and include the complete technical report as an appendix to the MND. Noise Consultant to evaluate noise impacts by taking up to six (6) baseline noise measurements, estimating project noise levels, and reconciling those noise levels with the ambient noise environment. Consultant will use computer modeling software to estimate noise levels and noise contours at surrounding land uses. The analysis will also consider the potential for construction and operational vibration to adversely affect surrounding land uses. Consultant will summarize the results of the analysis in the MND and will include the noise modeling data as an appendix to the MND. Visual Simulations Consultant shall prepare up to four (4) computer-generated visual simulations to depict the interchange improvements from publicly accessible viewpoints (northbound and southbound on US 101; eastbound and westbound on Del Rio Road). The images will present "before" and "after" conditions to allow comparison of how the proposed improvements would alter the visual setting. The visual simulations will be included in the MND, along with a summary of the results of the visual impact assessment. 6586€5.1 DRAFT 06/4/01 4:33€'M A-10 Concurrent with the CEQA process, Consultant shall initiate the PDT meeting process with Caltrans District 5 project design staff. This contract assumes that Caltrans will require certain documentation to support evaluation and clearance of the project design, but that environmental information can be provided in a "technical memo" format that summarizes the work completed for the CEQA initial study. This contract anticipates that Caltrans will request technical memos for the following topics: 8 Air quality (conformity determination) ® Visual Resources (summary of Visual Impact Assessment) Noise (confirming effects to adjacent residences relative to noise abatement criteria) ® Cultural Resources Transportation * This contract does not include preparation of an APE map, or associated HRERIHPSRIHRCR documentation. Task 6.03 Hazardous Materials, Aerially Deposited Lead, Site Assessment Consultant shall provide an Initial Site Assessment (ISA) for the interchange project. The work will be performed in general accordance with the Caltrans Preliminary Environmental Analysis Report (PEAR) handbook and will include the following tasks: ® Perform a site reconnaissance by a Certified Engineering Geologist to assess the potential for contamination in the project area ® Research of available documentation and databases related to the site and adjacent ® property uses Preparation of an ISA report intended to be used by the City in preparing the ED. Consultant to note physical evidence of potential contamination or possible sources of contamination, if present. Local government agencies or site personnel (if applicable) will be contacted regarding present and past site uses. The site will be photographed at that time for future reference. Adjacent site uses will also be observed, to evaluate their potential for impact on the project. Determination of adjacent site uses will be made from public properties or roadways. The site will be researched to identify past land use at and near the site related to the storage, production, use or disposal of hazardous materials. Interviews of persons with knowledge of past uses of the site and adjacent properties shall be performed, if feasible. Regulatory agency databases shall be reviewed to ascertain whether known or suspected environmental impairments are present on or around the property. Database research will be provided by Environmental Data Resources (EDR) of Milford, Connecticut. Preparation of a report summarizing the results of the ISA shall be prepared following Consultant research. The report shall include findings of the site reconnaissance and site use history research, identify areas within the project boundaries with a potential for soil or groundwater contamination, as well make recommendations for a Preliminary Site Investigation (PSI), if deemed appropriate. 658615.1 DRAFT'06/4/01 4:33 P.M. A-1 1 If required by Caltrans, an Aerially Deposited Lead (ADL) Sampling and Analysis task will be performed. The need for this task will largely depend upon the location of disturbance on the highway and Caltrans guidelines. Soil samples will be collected from areas of anticipated soil disturbance to evaluate concentrations of ADL in soil. The work shall be performed in general accordance with Caltrans documents for ADL testing. The intent of the testing is to evaluate whether material to be disturbed during the project will require special handling or disposal procedures, and to provide the project contractor with data regarding lead concentrations so that they may use this information to take appropriate health and safety measures. If lead concentrations are found to be relatively uniform throughout the area tested, the data gathered from the proposed scope of work should be sufficient to characterize potential ADL impacts; however, if lead is irregularly distributed, or if isolated "hot spots" are identified, additional sampling and analysis may be required. Soil samples shall be collected at 20 locations in areas where soil disturbance is anticipated. Soil disturbance is expected to be limited to the overpass abutments and wing walls on the east and west sides of the U.S. 101 freeway; ten locations on each side shall be sampled. Sample locations will be plotted on a plan of the project (to be provided by the City) and marked in the field with a pin flag or paint. The samples will be collected using a 4-inch diameter manual soil auger. Soil samples will be collected at depths of 0-6 inches, 6-12 inches and 18-24 inches, for a total of 60 samples. Each sample will be thoroughly homogenized by mixing, and then placed in a laboratory- provided container, labeled and placed on ice for transport to the testing laboratory. Augering and sampling equipment will be decontaminated between borings to reduce the possibility of cross-contamination. Soil cuttings generated from the borings will be returned to the hole after sampling. Laboratory Analysis. Soil samples shall be submitted to a state-certified laboratory for analysis. The samples will be analyzed for total lead by EPA Test Method 6010. Depending on the results of total lead analysis, analysis for soluble lead by the California Waste Extraction Test (WET) may be necessary. Twenty percent (twelve samples) will require soluble analysis. WET analyses in excess of twelve samples will be billed at the unit cost. Task 6.04 First Administrative Draft Initial Study/Mitigated Negative Declaration Consultant will prepare the First Administrative Draft IS/MND for review by the City. The IS/MND format will include separate sections for discussion of each Environmental Checklist impact category, and it will be adequately supported by exhibits (including color GIS mapping, as appropriate). These sections will: 1. Review the project in light of information, conclusions, and mitigation measures included in the current Technical Studies. 2. Identify any impacts and corresponding project-level mitigation measures to reduce such impacts to less than significant levels. The intent of the First Administrative Draft is to allow the City to internally review the IS/MND for accuracy and completeness prior to submitting to Caltrans for review. 659615.1 DRAFT 06/4101 4:33 I'M A-12 Deliverables: Three (3) hard copies (appendices on CD) and one (1) electronic version (via email) of the Administrative Draft IS/MND to City of Atascadero. Task 6.05 Second Administrative Draft Initial Study/Mitigated Negative Declaration Consultant shall respond to one set of City comments on the Administrative Draft IS/MND, and then will complete a Second Administrative Draft IS/MND, which will be submitted to the City of Atascadero, and Caltrans for review and comment. Deliverables: Sixteen (13) hard copies (appendices on CD) and one (1) electronic version (via email) of the Administrative Draft IS/MND for distribution to City (3) and Caltrans (10) Task 6.06 Draft Initial Study/Mitigated Negative Declaration Following receipt of comments from the City of Atascadero, and Caltrans, Consultant will complete revisions and prepare the Draft IS/MND. A red-line, strike-out version of the IS/MND will be provided to City of Atascadero, and Caltrans prior to public release of the Draft IS/MND to document how comments on the Second Administrative Draft IS/MND were addressed, however, the intent is not to solicit new comments. Additional rounds of review would be subject to a contract and budget modification. Consultant will prepare and distribute copies of the Draft IS/MND to responsible agencies and the public for a 30-day public review period. Technical studies will be included as appendices with the Draft IS/MND for distribution. To reduce document production and distribution costs, technical appendices will be provided in CD. Consultant will provide 15 copies of the Draft IS/MND and the Notice of Completion form to the State Clearinghouse to formally commence the 30-day review period. This scope of work assumes that the City of Atascadero will be responsible for local noticing of the availability of the Draft IS/MND, including but not limited to, newspaper noticing or radius mailing. Deliverables: Ten (10) hard copies (appendices on CD), one (1) reproducible master copy, and one (1) CD of the Draft IS/MND to the City of Atascadero Ten (10) hard copies (appendices on CD), one (1) reproducible master copy, and one (1) CD of the Draft IS/MND to Caltrans Fifteen (15) CDs of the Draft IS/MND and completed Notice of Completion form to the State Clearinghouse (including appendices) Task 6.07 Administrative Final IS/MND Although the CEQA Guidelines do not require lead agencies to prepare written responses to comments on IS/MNDs, given the level of agency and public interest in the Del Rio Road Commercial Area Specific Plan Project, it is anticipated that substantive comments will be 658615.1 DRArFT06/4/01 4:33 PM A-13 received on the document. As such, Consultant will prepare written responses to all comments submitted concerning the adequacy of the Draft IS/MND. This task includes submittal of a draft set of responses for review and comment by City of Atascadero as well as one set of revisions in response to staff comments. Given the high level of uncertainty with respect to the volume and complexity of such comments, this task will be billed on an hourly not to exceed basis. An initial budget allocation has been established for this task, calculated at 40 hours of Consultant staff time; however, this may need to be adjusted. Deliverables: One (1) electronic version (via email) of the Administrative Draft Responses to Comments to City of Atascadero Task 6.08 Final IS/MND Consultant will compile the Final IS/MND, which will include Responses to Comments and Errata. Consultant will reproduce the Final IS/MND in hard copy format and on CDs for City use and distribution. Consultant will send Responses to Comments directly to public agencies that commented on the IS/MND. This scope of work assumes that the City of Atascadero will be responsible for distribution of copies of the Final IS/MND to private organizations and individuals who submitted comments. Deliverables: -Ten (10) hard copies, one (1) reproducible master copy, and one (1) CD of the Final IS/MND to the City of Atascadero -Ten (10) hard copies, one (1) reproducible master copy, and one (1) CD of the Final IS/MND to the Caltrans -One (1) CD containing the Final IS/MND to each public agency that commented in the Draft IS/MND (Consultant to send direct) Task 6.09 Prepare Mitigation Monitoring and Reporting Program Consultant will prepare a comprehensive Mitigation Monitoring and Reporting Program (MMRP), pursuant to CEQA Guidelines Section 15097. The MMRP will contain all mitigation measures identified in the Draft IS/MND. This comprehensive MMRP will provide City of Atascadero and Caltrans staff with a single source of reference to the full range of mitigation measures to be implemented, to ensure achievement of the impact avoidance envisioned in the IS/MND. For each measure or group of similar measures, the agency responsible for ensuring proper implementation will be identified, along with the timing and method of verification. Copies of the MMRP will be included in the Final IS/MND submittal. Deliverables: -Three (3) hard copies of the MMRP to the City of Atascadero (an electronic version will be provided on the same CD as the Final IS/MND) -Three (3) hard copies of the MMRP to Caltrans (an electronic version will be provided on the same CD as the Final IS/MND) 658615.1 DRAFT 06/4/01 4:33 1'M A-14 Task 6.10 Notice of Determination Consultant will prepare the Notice of Determination (NOD), which must be filed with the San Luis Obispo County Clerk's Office within 5 business days of IS/MND certification. The purpose of the Notice of Determination filing is to limit the legal challenge period to 30 days. If a Notice of Determination is not filed within 5 business days of certification, the legal challenge period defaults to 180 days. The Notice of Determination fling requires payment of the California Department of Fish and Game CEQA filing fee (currently $2,101.50) and a County handling fee (currently $50). This scope of work assumes that the City of Atascadero staff will file the NOD with the San Luis Obispo County Clerk's Office and pay the associated fees. Exceptions This contract assumes that agency fees of any sort not specifically identified as included in any scope item will be paid by the City of Atascadero Consultant assumes that the City of Atascadero staff will prepare the Notice of Availability for the Draft IS/MND and the Notice of Public Hearing for the Planning Commission/City Council meeting(s) at which the IS/MND will be considered for certification. These notices are typically published as a legal advertisement in a local newspaper or mailed directly to surrounding property owners and interested parties. Consultant assumes that City staff will prepare the Findings of Fact necessary to allow certification of the IS/MND. The City of Atascadero will pay the Notice of Determination filing fees. It is anticipated that the interchange environmental clearance document will need to be in a form that is acceptable to the Department and it will take high level effort to streamline this to assist the City. All materials prepared by the Consultant under 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 forth in the Intended Use of Consultant's Products and Materials section of this Contract. All design plans, project specifications and other pertinent design reports/materials/files developed under the contract shall be delivered to the City on CDROM at project design completion, and prior to release of the final payment. Design pians shall be provided in AutoCAD 2007 DWG Format and pdf. Specifications and other reports shall be provided in PDR and Word 2010 format and the cost estimate shall be provided in Microsoft Excel format and pdf. 658615.1 DRAFT 06/4101 4:33 I'M A-1 5 EXHIBIT B Compensation and Method of Payment TOTAL COST OF CONTRACT NOT TO EXCEED $552,400.00 WITHOUT PRIOR WRITTEN AUTHORIZATION Services will be conducted on an hourly not to exceed basis, not to exceed the contractual amount of $562,400.00. All reimbursables will be covered to a maximum amount of `yoa for the duration of the contract. The reimbursable allowance of=$4=,7G4: -is included in the total contract amount of $562,400.00. y� 2ek Any additional services authorized by the City of Atascadero, not include in th 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 unit cost for the defined services as agreed to in this contract. Payment will be made within 30 days after receipt and approval of invoice. Payments to the contractor in excess of the contract amount of $562,400.00 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. Wallace Group J rge Aguilar, P ncipal Engineer 658015.1 DRAFT 00/4/01 4:33 PM B-1 M 9; N; E, a. 'al Al; —3i I a3 J 111 ------------------- salvPoswVr ................. ......................—-------- ,�a-ow, ttta—w .............— ki ---------------- t t E E z Wk 01 ID a x rev 5/1/06 B-2 792119.3 EXHIBIT C Items Provided by City City will provide copies of all existing environmental documentation and studies related to the Del Rio area Specific Plan (Michael Brandman Associates), 658615.1 DRAFT 06/4/01 4:33 1'M C-1 EXHIBIT D Location Schedule w-Lraris j l :. qq@ r u6'1 a Del Rio Road Area Specific Plan Figure 9 City of Atascadero Mitigation with Roundabouts Del Rio Road interchange, Atascaderro, California. 658615.1 DRAFT'06l4l01 4:33 PM D-t 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: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering AutomobileLiability, 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, 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 sell-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; 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. 658615.1 DRAFT 06/4/01 4:33€'M E-1 Insurance Requirements 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 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 A:VII. Additional Insured. The City of Atascadero will to be added to the policy as Additional Insuredby endorsement, adding the City's name to the Certificate of Insurance is not sufficient and will not be accepted. Verification of Coverage. Consultant shall famish 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. 658615.1 DRAFT 06141014:33 PM E-2