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2015-019 Wallace Group
CITY OF ATASCADERO tl1'4 rug! Fi,� !� CONTRACT FOR WALLACE GROUP for INTERCHANGE PLANNING AND DESIGN SERVICES FOR THE DEL RIO ROAD FREEWAY INTERCHANGE PROJECT CITY PROJECT NO. C2015TOI PHASE 2 —PRIED i � m �{ru a ": R 1979 CADFR+u:� 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, 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. I City of Atascadero Wallace Group 41 _ CR .. 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, 2017 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. 1) 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. 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. 4 City of Atascadero Wallace Group t 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. It. 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. 5 City of Atascadero Wallace GroupIlk 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: Except as indicated in the Scope of Work, 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. 6 City of Atascadero Wallace Groupa l . xl' '... .,. � !JR 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. 7 City of Atascadero Wallace Group 17. INSURANCE: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit E attached to and part of this agreement. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the 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. 8 City of Atascadero Wallace Group A, J 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. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. 9 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 Director of Public Works 6500 Palma Avenue 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 22 t day of September, 2015 by the parties as follows, Approved as to form: Wallace Group By: -Z Counsel for Consultant (If applicable) Jar a Aduilar, Pfincipal Engineer FF 48'704 Approved as to form: City of Atascadero By: VB "R:ickard., '� a'I)r Brian Pierik, Agency Attorney y Manager 10 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 f have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONSULTANT �--- " Jars A ilar, Priv ipal Engineer,PE (42'704 Wallace Group 71 City of Atascadero Wallace Grouper RM 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.) Penalty of $25.00 will be waived if worker is paid according to overtime regulations as stated in California Labor Code Section 510. (a) 510. (a) Eight hours of labor constitutes a day's work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. 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/dlsr/pwd/southern.html. 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 appren eable occupations. Consultan Jorg Ag ' ar, Pri pal Engineer, ✓ 12 EXHIBIT A Scope of Work A detailed scope of work and deliverables has been prepared by Consultant and is attached herein. A-0 APPENDIX A - SCOPE OF WORK The Wallace Group Team has been working with the City on the development of the project through the Caltrans Project Development process. The key firms involved include Wallace Group as the Prime Consultant, Caltrans Coordination lead, design and consultant team leader, Kittelson Associates Inc (KAI) as the lead traffic analysis and peer review team member for roundabouts, Quincy Engineering Inc (QEI) as a structures design specialist and production support team member, First Carbon Solutions (FCS) for environmental studies and clearance documentation, Earth Systems Pacific (ESP) as the lead geotechnical and hazardous material study team member, Pacific Coast Survey and Design (PCSD) for additional survey service support and Hamner Jewell Associates (HJA) for Right of Way support. HJA services have been used in the initial phase and their additional support during Phase 2 is optional and not included in the current budgeting. The Consultant team Project Manager is Mr. Jorge Aguilar, PE. He has over 25 years of transportation expertise focused on Caltrans and local road and bridge projects with the majority of his work accomplished in the District 5 area which includes the County of San Luis Obispo. Key to delivery of this phase is continuity of key staff and positive relations with Caltrans District 5 and San Luis Obispo Council of Governments (SLOCOG) staff. Support for the project from these key stakeholders best positions the funding prospects for the project in the regional programming cycle. The following is a summary of the proposed scope of work to progress the project from the Project Study Report (PSR) phase to and through the Project Report (PR) and Environmental Document (ED) phase. A Caltrans signed PR and ED constitute Caltrans Project Approval (PA) which typically termed the PAED phase. It is the intent of this phase to produce project deliverables that overlap with the initial final design or Plans, Specifications and Estimate (PS&E) phase of the project that follows. The listed tasks and descriptions result from a customized blend of our approach and some traditional tasks for the completion of a PSR and PAED, TASK 01 —PROJECT MANAGEMENT AND QUALITY ASSURANCE This task is focused on project management and coordination of internal and external team member functions. Our Project Understanding and Approach is an integral part of our scope of work and as such the conditions stated therein are hereby incorporated into this scope. We anticipate up to an 18 month schedule for the project to deliver this phase, the management and coordination tasks are defined and budgeted with this understanding. Project budget will be monitored cumulatively as task budgets are expected to vary within the total project budget. Primary components of this task will include: 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. City and Consultant team coordination communications. This will include the preparation of a key team member contact list and ongoing consultations Quality Assurance and Control for our internal products will also be accomplished with this task and will include report and plan reviews. Overall team Quality Assurance will be performed on the deliverables produced. This QA function will include the production of the "Design Checklist" per Caltrans Design Information Bulletin (DIB) 78 requirements for the PSR and the PAED phase. Constructability reviews are often differentiated from the Quality Assurance role. We treat the construction feasibility and improvement process seriously and assign an experienced staff member to take an objective review of the design at various milestones. The overall plan is available for review in our offices and will be a part of the project files. DEL RIO INTERCHANGE PROJECT—PHASE 2(PALED) Al of 14 APPENDIX A - SCOPE OF WORK Deliverables: Status reports and invoicing, Schedule and updates Project Management/Quality Assurance/Control Plan Design Checklist TASK 02 — PDT AND CITY MEETINGS This task is primarily focused on initiating and continuing the formal coordination process with Caltrans and the with the appropriate City stakeholders, as determined by the City Project Manager (PM). A Cooperative Agreement between the City and Caltrans for the Project Initiation Development (PID) phase has been approved. Another Cooperative Agreement will be developed for the PAED phase. The Wallace Group PM will assist the City in the process of reviewing the terms of a Caltrans standard Cooperative Agreement for the review of the project through the Caltrans process. This is an indeterminate effort that is budgeted at up to 10 hours of support time. The Project Charter has been developed and a Core PDT leadership team has been established for the project. The Caltrans PM, City PM and the Consultant PM have been working together to move the project forward. The Core PDT will continue to work together through the completion of the PSR and the PAED phase of the project. Caltrans meetings will be coordinated to include notices and agendas, running of the meetings, and distribution of meeting notes that will include action items. Wallace Group staff will participate in up to 7 Caltrans meetings on behalf of the City (QEI staff anticipates 3 trips to participate in up to 3 Caltrans meetings and KAI 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 (7 Caltrans, 7 City, participation as listed), Meeting Agendas and Notes TASK 03—PSR A Draft PSR has been prepared conforming to the March 20, 2014 update of "Appendix L - Preparation Guidelines for Project Study Report" contained in the Caltrans Project Development Procedures Manual (PDPM). The PSR includes the following sections: 1. Introduction 2. Background 3. Purpose and Need 4. Deficiencies 5. Corridor and System Coordination 6. Alternatives 7. Community Involvement 8. Environmental Determination/Documentation DEL RIO INTERCHANGE PROJECT—PHASE 2 (PAIED) A2 of 14 APPENDIX A - SCOPE OF WORK 9. Funding/Programming 10. Schedule 11. Risks 12. FHWA Coordination 13. Project Reviews 14. Project Personnel 15.Attachments • Location or vicinity map ® Storm Water Data Report Signature • Alternative Preliminary Geometrics Sheet o Preliminary Environmental ® Right-of-Way Data Sheet and Analysis Report (PEAR) Conceptual Cost • Structures Advance Planning a Eleven-Page Cost Estimates Studies o Traffic Operations Analysis Report o Risk Register o Executed Cooperative Agreement • Project Programming Request o Life Cycle Cost Analysis Caltrans review of the Draft PSR is expected to result in up to two rounds of comments from Caltrans on the Draft PSR before the PSR is finalized. The following items have been incorporated into the PSR in some detail. These items will be further refined as the project progresses from the PSR to the Project Report. Alternatives The Wallace Group team completed the preparation of the Intersection Control Evaluation (ICE) and the Caltrans Project Development Team (PDT) approved the ICE. The ICE concluded that the roundabout alternatives were superior to the signalized alternative and therefore, the signalized alternative was dropped from consideration. We anticipate that as Caltrans reviews the PSR, minor refinements and additional work are anticipated in this task. Storm Water Data Report Because this project will take place within Caltrans right-of-way, 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 has been prepared and included in the Draft PSR. We anticipate that revisions will be requested by Caltrans as they complete their review of the PSR. Cost Estimates Our team has developed construction quantities and prepared Caltrans standard eleven-page cost estimates for each of the alternatives. This scope includes revisions to the eleven-page cost estimates which will be included in the Final PSR. We have prepared other supporting studies in support of the PSR such as ROW Data sheets and Life Cycle Cost Analysis. These studies may need to be revised based on Caltrans review of the PSR. Comments to the Draft PSR from the PDT for the purposes of gathering comments. A formal comment/resolution sheet will be provided from each review and accompany each subsequent DEL RIO INTERCHANGE PROJECT—PHASE 2 (PA/ED) A3 of 14 APPENDIX A -SCOPE OF WORK submittal. This will ensure proper documentation of comments and that all comments are addressed. This scope 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: Draft PSR (26 copies, 1 pdf) Signature ready Final PSR (2 copies, 1 pdo TASK 04—ENVIRONMENTAL DOCUMENT AND TECHNICAL STUDIES The Wallace Group team will coordinate with the City and the First Carbon Solutions (FCS) (formerly Michael Brandmand Associates) staff to prepare the technical studies and environmental document for the Caltrans environmental clearance process. 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. It is up to the District level level environmental reviewers to recommend that the existing draft document be forwarded to the Central Region for review. 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. The Wallace Group Project Manager will meet with City and FCS representatives in person an/or via teleconference on a regular basis to keep the coordination moving forward for the life of the environmental clearance activities. FCS has completed the Draft PEAR and has responded to one round of comments from Caltrans on the PEAR. We anticipate one additional round of comments from Caltrans on the PEAR. ENVIRONMENTAL TECHNICAL STUDIES Based on Caltrans comments on the PEAR, FCS is recommending the following technical studies be prepared to support the Initial Study/Environmental Assessment(IS/EA). Air Quality/Greenhouse Gas Emissions FCS will use the San Luis Obispo County Air Pollution Control District 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. FCS will model construction and operational criteria pollutant emissions using the applicable computer model. In addition, FCS will model and evaluate the proposed project's greenhouse gas emissions, including consistency with applicable strategies intended to reduce such emissions. FCS will summarize the results of the analysis in the MND and will include the air quality modeling data as an appendix to the MND. Hot Spot and MSAT Analysis FCS will also prepare a technical analysis providing the results of the hot spot and MSAT analysis. The report will use the Caltrans Standard Environmental Reference guidance for content and analysis procedures; specifically, Chapter 11 —Air Quality. The report will include an evaluation of regional emissions, a qualitative particulate matter (PM10 and PM2.5) hot spot DEL RIO INTERCHANGE PROJECT-PHASE 2(PA/ED) A4 of 14 APPENDIX A -SCOPE OF WORK analysis, a qualitative carbon monoxide (CO) hot spot analysis, a qualitative mobile source air toxics (MSAT) analysis, and a naturally occurring asbestos analysis. Biological Resources Natural Environment Study FCS will prepare a Natural Environment Study (NES) to evaluate the potential presence of special-status biological resources within the project vicinity. The NES will involve the following activities: • Prepare the NES by conducting a query of the California Natural Diversity Database (CNDDB), the US Fish and Wildlife Service (USFWS) species list, and other pertinent databases to determine the extent of sensitive and protected species. • Establish the Biological Study Area (BSA) and confirm this area with Caltrans staff. • Identify, in accordance with Caltrans environmental review procedures, any existing vegetation communities and sensitive plants and wildlife identified onsite (a map of vegetative communities and sensitive species will be included). • Incorporate findings from the Biological Reconnaissance that will determine the presence or potential for listed, proposed, and candidate endangered and threatened species to occur within the BSA. The identification of any sensitive and/or special-status plant or wildlife species onsite or immediately adjacent to the BSA will be noted and their locations will be recorded, for submittal with the NES/M1. • Discuss sensitive plants and wildlife in the region that were not identified onsite and document the findings of any previous biological studies prepared within the BSA. • Based on findings, discuss impact avoidance and minimization measures to be employed including but not limited to: part of project development design, work windows, exclusionary and signed fencing, pre-construction surveys and on-site construction monitoring. • If required, compensatory mitigation approved by Caltrans will be discussed. • The potential for cumulative impacts to native species and natural communities will be discussed for current, future and reasonably foreseeable actions in or near the BSA. Cumulative impacts will be addressed based on CEQA, NEPA and the Federal Endangered Species Act respective of the definition of cumulative impacts per state and federal act. • A summary section will detail desktop and field survey conclusions and will discuss consultations, determinations, and coordination with state and federal regulatory agencies based on state and federal environmental laws. FCS will summarize the NES in the Initial Study/Mitigated Negative Declaration and include the complete technical report as an appendix. Wetlands -Jurisdictional Delineation As required by Caltrans, FCS will conduct a formal jurisdictional delineation of waters of the United States, including wetlands, to determine the location and extent of federally jurisdictional features within the project site. The tasks involved in the completion of the jurisdictional delineation are defined below. It should be noted that regulatory agencies make the ultimate determination of jurisdiction and, therefore, these findings will require agency concurrence. Wetlands Delineation. An FCS qualified biologist and trained delineator will delineate the extent of any area potentially subject to agency jurisdiction within the project site. The delineation will DEL RIO INTERCHANGE PROJECT—PHASE 2(PA/ED) A5 of 14 APPENDIX A - SCOPE OF WORK be conducted in accordance with the 1987 USACE Wetland Delineation Manual (1987 Manual), the USACE Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, December 2006, as well as guidance documents and notices released by USACE. All delineated features will be recorded within sub-meter accuracy. For linear features, measurements of any jurisdiction would be taken at periodic intervals along the feature and mapped onto a 1"=200' scale topographic map. The data would be used to prepare jurisdictional maps and the delineation report. Any potential for on-site mitigation would be noted. Wetlands Delineation Report. A qualified biologist and trained delineator will prepare a delineation report detailing the methodology and results of the delineation. The report will document the extent of any potentially jurisdictional features, the quality of those features, and assess wetland related biological resources. The report will include field data sheets (as an appendix); color photographs of representative jurisdictional areas; a map (at the scale required by USACE) of the limits of jurisdictional areas, including points at which measurements were made and diagnostic soil pits examined; and, if applicable, a table showing the area of agency jurisdiction for each feature. Aquatic Habitat Field Verification. A qualified biologist will coordinate with the appropriate regulatory agencies during the course of satisfying the delineation requirement and maintain a close working relationship with the client in order to satisfy project objectives and attend a half- day field meeting to review and discuss site conditions with staff of the regulatory agencies. Cultural Resources FCS will conduct a cultural resources study in compliance with the California Environmental Quality Act (CEQA) and the Caltrans Standard Environmental Reference (SER) Volume 2: Cultural Resources. The scope of work consists of tasks required to complete the following deliverables: 1) Project Area Limits map; 2) Archaeological Survey Report; and 3) Historical Resources Compliance Report. It is FCS' understanding that compliance with Section 106 of the National Historic Preservation Act is not required at this time and that Caltrans has determined there is no potential for historic- period built environment resources to be impacted by the proposed project, negating the need for preparation of a Historical Resources Evaluation Report. Project Area Limits FCS will prepare the Project Area Limits (PAL) map for review and approval by Caltrans after receiving a suitable base map from the City of Atascadero. FCS assumes the PAL will undergo two reviews by Caltrans before the PAL is accepted as final and signed. Archaeological Survey Report FCS will prepare the Archaeological Survey Report (ASR) that documents methods and findings in regard to the effort to identify archaeological resources in the PAL. FCS assumes the pedestrian survey of the project area conducted by FCS in 2013 remains valid so a renewed survey is not necessary. The ASR will require an updated records search at the Central Coast Information Center, compliance with AB52, and a request for relevant historical information from local historical societies. FCS assumes the records search will be conducted by Information Center staff and a rapid request response will not be required. FCS also assumes that FCS will assist the City in complying with AB52 to the point of requesting a list of California Native American tribes from the Native American Heritage Commission, drafting letters to California Native American tribes, compiling responses, and providing recommendations to the City as to how to proceed. DEL RIO INTERCHANGE PROJECT—PHASE 2(PA/ED) A6 of 14 APPENDIX A - SCOPE OF WORK Historical Resources Compliance Report FCS will prepare the Historical Resources Compliance Report, which summarizes all tasks completed for the cultural resources study and supports CEQA findings. FCS assumes figures required for the HRCR and ASR will be limited to a Project Vicinity Map, Project Location Map, and a PAL. FCS will summarize the ASR and HRCR in the IS/MND and include supporting documentation in an appendix. Visual Impact Analysis (abbreviated) FCS will prepare an abbreviated Visual Impact Assessment to briefly describe project features, impacts and mitigation requirements. FCS will 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. Noise FCS will prepare a Noise Study Report (NSR) in accordance with Caltrans SER Volume 1 Chapter 12, Caltrans Traffic Noise Analysis Protocol (May 2011), FHWA's updated regulations, and NEPA guidelines to assess the potential effects of the proposed project on existing and future noise conditions. Noise measurements will be conducted along with concurrent traffic counts at representative sensitive receptor locations in the vicinity of the proposed project. The most recent version of the U.S. Federal Highway Administration approved Traffic Noise Model (currently TNM 2.5), will be used to evaluate the traffic noise levels associated with existing conditions, the future No Build conditions, and the Build condition. Noise impacts from construction sources will also be analyzed based on the sensitivity of the area and the requirements of the applicable City Noise Ordinances and in accordance with Caltrans construction noise impact guidelines. Avoidance, minimization, and mitigation measures will be identified to address potential adverse project related short-term construction noise impacts on sensitive receptors. A draft and final Noise Study Report will be prepared that discusses the findings of the field investigations, noise modeling, and barrier analysis using the latest available template provided on the Caltrans' Standard Environmental Reference website. If impacts are identified, noise abatement measures must be considered. Specifically, the feasibility of the noise abatement measures must be evaluated and a preliminary reasonableness analysis provided for each proposed measure. However, based on FCS's preliminary review of the project, it is anticipated that will not be identified due to the nature of the project site. According to Caltrans guidelines, if no impacts are identified, then only the preparation of a noise abatement decision memorandum is required. Therefore, this scope of work only includes preparation of a noise abatement decision memorandum that would outline the exemption of the project from further detailed abatement analysis. However, if a detailed noise abatement decision report (NADR) is determined to be necessary, a scope and budget augment can be provided to include the preparation of a NADR. Hazardous Materials Initial Site Assessment A Hazardous Materials Initial Site Assessment for the ramp and interchange structure area will be prepared by Earth Systems Pacific. As the geotechnical team is already needed to support the design functions as directed by the emerging details it is natural that the geotechnical team doing that work also conduct the anticipated soil (such as for Aerially Deposited Lead) and DEL RIO INTERCHANGE PROJECT--PHASE 2(PA/ED) A7 of 14 APPENDIX A - SCOPE OF WORK groundwater assessment in the interchange area. We are proposing to provide an Initial Site Assessment (ISA) for the interchange project. Our scope of work will be performed in general accordance with the guidance contained the Caltrans Preliminary Environmental Analysis Report (PEAR) handbook. Our scope 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 FCS for the Environmental Document During our site reconnaissance, we will note physical evidence of potential contamination or possible sources of contamination. 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_ Regulatory agency databases will be reviewed to ascertain whether known or suspected environmental impairments are present on or around the property_ Preparation of a report summarizing the results of the ESA will be prepared following our research. The report will 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. Traffic Analysis Traffic Impacts during the construction of the project will be analyzed during this task. This will include assessing the impacts of the expected closure of Del Rio Road during the reconstruction of the Del Rio Road/US 101 interchange. Analysis could include items such as traffic operations assessments, considering construction sequencing and traffic flows, signalization and coordination and other freeway ramp terminal intersection evaluation and assessment_ First Administrative Draft Initial Study/Environmental Assessment (City of Atascadero and Wallace Group) FCS will prepare a combined Initial Study/ Environmental Assessment using the Caltrans annotated outline for an IS/EA. FCS will submit the First Administrative Draft IS/EA for review by the City and Wallace Group. The IS/EA format will follow the annotated outline provided on the Caltrans Standard Environmental Reference (SER), and it will be adequately supported by exhibits (including color GIS mapping, as appropriate). These sections will.- 1. ill: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 Wallace Group and City to internally review the IS/EA for accuracy and completeness prior to submitting to Caltrans for review. Deliverables • Three (3) hard copies (appendices on CD) and one (1) electronic version (via email) of the Administrative Draft IS/EA to City of Atascadero and Wallace Group. DEL RIO INTERCHANGE PROJECT—PHASE 2(PALED) A8 of 14 APPENDIX A - SCOPE OF WORK Second Administrative Draft Initial Study/Mitigated Negative Declaration (City of Atascadero, Wallace Group, and Caltrans) FCS will respond to one set of City and Wallace Group comments on the Administrative Draft IS/EA, and then will complete a Second Administrative Draft IS/EA, which will be submitted to the City of Atascadero, Wallace Group, and Caltrans for review and comment. Deliverables • Three (3) hard copies (appendices on CD) and one (1) electronic version (via email) of the Administrative Draft IS/EA to Wallace Group • Three (3) hard copies (appendices on CD) and one (1) electronic version (via email) of the Administrative Draft IS/EA to City of Atascadero • Up to ten (10) hard copies (appendices on CD) and one (1) electronic version (via email) of the Administrative Draft IS/EA to Caltrans Draft Initial Study/Environmental Assessment Following receipt of comments from the Wallace Group, City of Atascadero, and Caltrans, FCS will complete revisions and prepare the Draft IS/EA. A red-line, strike-out version of the IS/EA will be provided to Wallace Group, City of Atascadero, and Caltrans prior to public release of the Draft IS/EA to document how comments on the Second Administrative Draft ISIEA were addressed; however, the intent is not to solicit new comments. Additional rounds of review can be provided subject to a scope and budget modification. FCS will prepare and distribute copies of the Draft IS/EA to responsible agencies and the public for a 30-day public review period. Technical studies will be included as appendices with the Draft ISIEA for distribution. To reduce document production and distribution costs, technical appendices will be provided in CD. FCS will provide 15 copies of the Draft IS/EA 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/EA, including but not limited to, newspaper noticing or radius mailing. Deliverables • Three (3) hard copies (appendices on CD), one (1) reproducible master copy, and one (1) CD of the Draft 1S/EA to Wallace Group • Ten (10) hard copies (appendices on CD), one (1) reproducible master copy, and one (1) CD of the Draft IS/EA 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/EA to Caltrans • Fifteen (15) CDs of the Draft IS/EA and completed Notice of Completion form to the State Clearinghouse (including appendices) Administrative Final Mitigated Negative Declaration/FONSI DEL RIO INTERCHANGE PROJECT—PHASE 2(PA/ED) A9 of 14 APPENDIX A -SCOPE OF WORK Although the CEQA Guidelines do not require lead agencies to prepare written responses to comments, 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 received on the document. As such, FCS will prepare written responses to all comments submitted concerning the adequacy of the Draft IS/EA. This task includes submittal of a draft set of responses for review and comment by Wallace Group and 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 a time-and-materials basis. An initial budget allocation has been established for this task, assuming 40 hours of combined FCS professional staff time, if additional time is required, we will approach the City to discuss how to proceed. Deliverables • One (1) electronic version (via email) of the Administrative Draft Responses to Comments to Wallace Group and City of Atascadero Final Mitigated Negative Declaration/FONSI FCS will compile the Final MND, which will include Responses to Comments and Errata. FCS will reproduce the Final MND in hard copy format and on CDs for City use and distribution. FCS will send Responses to Comments directly to public agencies that commented on the MND, This scope of work assumes that the City of Atascadero will be responsible for distribution of copies of the Final MND to private organizations and individuals who submitted comments. Deliverables • Three (3) hard copies, one (1) reproducible master copy, and one (1) CD of the Final IS/MND to Wallace Group • 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 FONSI to the Caltrans • One (1) CD containing the Final 1S/MND to each public agency that commented in the Draft IS/MND (FCS to send direct) Prepare Mitigation Monitoring and Reporting Program FCS 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. DEL RIO INTERCHANGE PROJECT—PHASE 2(PA/ED) A10 of 14 APPENDIX A -SCOPE OF WORK Deliverables • Three (3) hard copies of the MMRP to Wallace Group (an electronic version will be provided on the same CD as the Final IS/MND) • 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) Notice of Determination/Payment of Filing Fees FCS will prepare the Notice of Determination, 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 filing 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_ TASK 05—PROJECT REPORT PREPARATION Draft & Final Project Report A Project Report will be prepared in an overlapping manner with the PSR to incorporate the design findings and any necessary additional information from existing or supplemental environmental technical studies. We anticipate completing the following additional or refinement work or studies which will be included in the appropriate sections of the project report: • Preliminary construction staging and o Bridge Advanced Planning Study drawings detour requirements m Construction cost estimate for each alternative • Refined alternative drawings (2 a Schedule to complete final design and alternatives) construction • Summary of environmental studies 4 30% Plans of the preferred alternative The Project Report will conform to the April 41h 2012 update of "Appendix K - Preparation Guidelines for Project Report" contained in the Caltrans PDPM. The Project Report is anticipated to include the following sections: 1. Introduction 2. Recommendation 3. Background 4. Need and Purpose DEL RIO INTERCHANGE PROJECT—PHASE 2 (PA/ED) A11 of 14 APPENDIX A - SCOPE OF WORK a. Problem, Deficiencies, Justification b. Regional and System Planning c. Traffic 5. Alternatives a. Viable Alternatives b. Rejected Alternatives 6. Considerations Requiring Discussion a. Hazardous Waste b. Value Analysis c. Resource Conservation d. Right-of-Way Issues e. Environmental Issues f. Air Quality Conformity g. Title VI Considerations h. Noise Abatement Decision Report Section 7. Other Considerations As Appropriate 8. Programming 9. Reviews 10. Project Personnel 11. List of Attachments m Location or vicinity map o Storm Water Data Report Signature • Draft Environmental Document Sheet (DED) e Right-of-Way Data Sheet • Typical Cross Sections © Eleven-Page Cost Estimates • Structures Advance Planning © Traffic Operations Analysis Report Studies a TMP Memo & Checklist © Risk Register Preliminary Geotechnical Analysis For accuracy in estimating a preliminary geotechnical analysis is included as an optional but recommended 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-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 our budget. DEL RIO INTERCHANGE PROJECT—PHASE 2(PA/ED) Al2 of 14 APPENDIX A -SCOPE OF WORK Preliminary Drainage Study A preliminary evaluation of the hydrology and highway drainage associated with the preferred project alternative will 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 our preliminary drainage assessment. The goal will be to identify the need for roadside ditches, detention/retention basin, drainage inlets and piped systems. A preliminary drainage study will 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. Fact Sheets for Non-Standard Design Features Our team will complete the DIB 78 Checklist for the existing and proposed project features_ One checklist will be prepared that includes up to three alternatives, clearly identifying which alternatives have non-standard features. Based on the non-standard features identified in the DIB 78, we will coordinate with Caltrans to determine which non-standard items will be included in Mandatory or Advisory Fact Sheets. We will prepare draft and final Fact Sheets for Caltrans approval for each of the three alternatives. This report will be presented to and discussed with the City in draft form. The Wallace Group team will prepare and circulate the Draft Project Report to the PDT for the purposes of gathering comments. A formal comment 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. Ail comments will be addressed and incorporated as appropriate into the final report. This scope allows for addressing comments from the Administrative Draft Project Report and Draft Project Report submittals. We will also address comments from Caltrans on the Draft Final Project Report prior to the Final Project Report being submitted as a signature ready copy to Caltrans. Deliverables: Administrative Draft PR (8 copies, 1 pdf) Draft PR (26 copies, 1 pdf) Draft Final PR (26 copies, 1 pdf) Signature ready Final PR (2 copies, 1 pdf) TASK 06— PUBLIC EDUCATION & OUTREACH The Wallace Group team has an extensive array of public outreach and education experience. Kittelson Associates also has wide variety of tools and techniques proven from other outreach efforts. We have supported and compiled videos, web sites, brochures, and other special outreach including 2-D models of roundabouts and student education work books that reach out to elementary age students. Should outreach services be desired by the City, our team would work with the City to develop a customized plan that takes advantage of the wealth of prior materials completed for others over the years. Deliverables: Key education and outreach materials (ie"Roundabouts: Another Safe Intersection") Special user information brochure (ie cyclists) Web page content framework Roundabout 101 general public presentation DEL RIO INTERCHANGE PROJECT—PHASE 2(PA/ED) A13 of 14 APPENDIX A -SCOPE OF WORK TASK 07—FUNDING ASSISTANCE Wallace Group has been working with the City and SLOCOG during the first phase of the project to identify potential state and federal funding opportunities to close the shortfall in funding for the project. During this task, our team will continue to work closely with the City and SLOCOG on closing the funding gap. Given the uncertain nature of this task we have a total budget of 40 hours. We will not exceed the 40 hours without written permission from the City. TASK 08 —EL CAMINO REAL AND DEL RIO ROAD ROUNDABOUT SUPPORT Wallace Group has been working with the City and Kimley-Horn (KHA) (Wal-Mart's engineer) to review proposed modifications to the EI Camino Real and Del Rio Road roundabout. As part of this task the Wallace Group team will continue to provide support to the City in the form of participating in conference calls with the City and KHA, reviewing traffic analysis prepared by KHA, reviewing conceptual roundabout layouts, preparing exhibits on behalf of the City, and working with adjacent property owners as directed by the City. Given the uncertain nature of this task, we will not exceed the budgeted amount shown without written permission from the City. DEL RIO INTERCHANGE PROJECT—PHASE 2(PALED) A14 of 14 EXHIBIT B Compensation and Method of Payment TOTAL COST OF CONTRACT NOT TO EXCEED $ 798,500.00 WITHOUT PRIOR WRITTEN AUTHORIZATION City shall pay Consultant an amount equal to the cumulative hours charged to the project by each class of the Consultant's employees times standard hourly rates for all services performed on the project, plus reimbursable expenses and subconsultant charges, if any. The total compensation for all services and reimbursable expenses shall not exceed $798,500.00 Any additional services authorized by the City of Atascadero, not included in the scope of services as defined by this contract, must be approved in the form of a City of Atascadero Change Order prior to performing additional work. All additional work authorized by a City of Atascadero change order will be compensated at the same 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 $798,500.00 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 incipal Engineer QC ' 451 4 B-1 EXHIBIT C Items Provided by City The City will provide copies of existing documents and studies related to the project upon request of Consultant and in accordance with public records request requirements. C-1 EXHIBIT D Location Schedule w-tra n s RE 17 4 '- �w 6 t J K t 'S .t c 1 +l a. if^ si?= a ✓' '} _ �.it F, k AUX— 1:'1] Del Rio Road Area Specific Plan Figure 9 City of Atascadero Mitigation with Roundabouts Del Rio Road interchange, Atascadero, California. D-i 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 Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, 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. 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. 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 ANU. Additional Insured. The City of Atascadero will to be added to the policy as Additional Insured by endorsement, adding the City's name to the Certificate of Insurance is not sufficient and will not be accepted. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. E-2