HomeMy WebLinkAbout2012-017 Wallace Group Del Rio Interchange (2) CITE' OF ATASCADER0
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CONTRACT FOR
WALLACE GROUP
for
INTERCHANGE PLANNING AND DESIGN SERVICES FOR THE
DEL RIO ROAD FREEWAY INTERCHANGE PROJECT
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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.
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B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Consultant are to commence upon execution of this Contract by City,
and shall be undertaken and completed in a prompt and timely manner, in accordance with the
Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this
Contract shall terminate no later than 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.
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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.
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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.
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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.
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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.
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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.
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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.
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D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Consultant by this Contract. In
recognition of that interest, neither any complete nor partial assignment of this Contract, may
be made by Consultant nor changed, substituted for, deleted, or added to without the prior
written consent of City which consent shall not be unreasonably withheld. Any attempted
assignment or substitution shall be ineffective, null, and void, and constitute a material breach
of this Contract entitling City to any and all remedies at law or in equity, including summary
termination of this Contract. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among
the parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its
provisions waived, only by a subsequent written agreement executed by each of the parties.
The parties agree that this requirement for written modifications cannot be waived and any
attempted waiver shall be void.
G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity revise the provisions of this Contract and to
have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the
various sections are merely informational and shall not be construed as a substantive portion
of this Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier
with respect to any subsequent default or other matter.
1. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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J. NOTICES. All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be
in writing and shall be deemed to have been given if delivered personally or enclosed in a
properly addressed envelope and deposited in a United States Post Office for delivery by
registered or certified mail addressed to the parties (deemed to have been received three (3)
business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
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
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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
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Jorg Ag lar, Pr' cipal Engineer
Wallace Group
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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
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Joweilar, Pr' cipal Engineer
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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.
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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
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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.
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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
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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-
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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.
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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
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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.
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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.
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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.
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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.
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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
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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)
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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.
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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
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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),
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EXHIBIT D
Location Schedule
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Del Rio Road Area Specific Plan Figure 9
City of Atascadero Mitigation with Roundabouts
Del Rio Road interchange, Atascaderro, California.
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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.
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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.
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