HomeMy WebLinkAbout2018-003 PlaceWorks, IncF ITYOFAT A ERO QIVTRACT#
CITY OF ATASCADERO
CONTRACT FOR
PlaceWorks, Inc.
For Consultant Services for the
El Camino Real On The Go! — Corridor Study
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
PlaceWorks, Inc.
For Consultant Services for the El Camino Real On The Go! — Corridor Study
THIS CONTRACT is made and entered into between City of Atascadero, a Municipal
Corporation ( "City ") and PlaceWorks Inc. ( "Consultant'). City and Consultant agree as follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known
as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to
be incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant
enters into this Contract as, and shall at all times remain as to the City, an independent
contractor and not as an employee of the City. Nothing in this Contract shall be construed to
be inconsistent with this relationship or status. Any persons employed by Consultant for the
performance of services pursuant to this Contract shall remain employees of Consultant, shall
at all times be under the direction and control of Consultant, and shall not be considered
employees of City. All persons employed by Consultant to perform services pursuant to this
Contract shall be entitled solely to the right and privileges afforded to Consultant employees
and shall not be entitled, as a result of providing services hereunder, to any additional rights or
privileges that may be afforded to City employees.
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B. INDEPENDENT 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.
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, 2019, 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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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:
i \•
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.
10. CONFIDENTIAL INFORMATION:
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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.
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15. LIABILITY OF CONSULTANT:
Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Consultant's profession and shall
be 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.
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,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ( "Indemnified Parties ") from and against any and all losses,
liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same
are caused in whole or in part 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 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.
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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.
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 an NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
religion, sexual orientation, 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.
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
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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.
11. 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.
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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
Community Development Department
6500 Palma Avenue
Atascadero, CA 93422
Consultant PlaceWorks, Inc.
Karen Gulley, Principal
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
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 to this 13 day of June, 2018 by the parties as follows.
Approved as to form:
M
6 Pi
Brian Pierik, City Attorney
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PLACEWORKS, INC.
By:
Karen Gulley, Principal
CITY OF ATASCADERO
R helle Rickard, City Manager
City of Atascadero
PlaceWorks
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I 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
Karen Gulley, Principal, Place orks Inc.
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EXHIBIT A
Scope of Work
Consultant, PlaceWorks, Inc., has been awarded the contract for the El Camino Real on the
Go! Corridor Study for multi -modal strategies to reduce greenhouse gas emissions (GHG) and
vehicle miles travelled (VMT.) All tasks shall be completed to the satisfaction of the City.
The consultant shall complete a Corridor Plan that provides a conceptual vision for both
transportation and land use planning for the El Camino Real. The focus area of this plan shall
generally include El Camino Real and adjacent properties from the intersection with Santa
Rosa Road to the south to the intersection of San Anselmo Road to the north. Attention shall
be focused on the land use and transportation issues that are associated with the intersections
of Santa Rosa and El Camino Real, Curbaril and El Camino Real, Morro Road (Hwy 41) and El
Camino Real, San Anselmo and El Camino Real, as well as locations where there are
opportunities for redevelopment and investment between these nodes. Precise areas of study
shall be further refined during the kick -off meeting in Task 1.
The consultant, in concert with City staff, is expected to evaluate the existing transportation
and land use conditions of the corridor, and through a comprehensive public outreach effort,
develop concepts for both land use and transportation strategies. Existing land uses and
zoning along the corridor shall be analyzed and recommendations provided to enhance key
commercial areas and complimentary adjacent uses. The land use and transportation
concepts for each of these commercial nodes and the adjacent corridors between them shall
include the addition of transportation alternatives, pedestrian and bicycle linkages and
cohesive land use concepts. The concepts shall include strategies that reduce VMT & GHG.
Services primarily consist of the following:
Task 1: Project Team Coordination
Ongoing coordination between the consultant, City Staff, and Caltrans will be required.
Tasks include any proposed meetings, phone conferences, email exchanges, and other
communications to ensure timely delivery and adoption of the corridor plan. The
following are deliverables included in this task:
0 Attendance in- person at one (1) kick -off meeting
0 Attendance, either in- person, or via phone / video conference of four additional
project consultant/City staff team meetings
0 One (1) hard Copy and one (1) electronic copy of monthly reports /
reimbursements submitted with billing
0 One (1) hard copy and one (1) electronic PDF copy of meeting notes
Task 2: Information Gathering
Preliminary information gathering shall be completed which will be the base of the
Corridor Plan. There are three (3) sub -tasks that are involved.
Task 2.1 Base Mapping & Traffic Data
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The Consultant shall gather existing conditions and background information by
identifying opportunities, challenges, constraints, etc. This task includes compilation of
existing and planned land uses, population characteristics, travel projections, and other
transportation related background information. The consultant shall perform, either in-
house or through sub - consultant, traffic counts, pedestrian counts, and transit counts at
the following intersections with El Camino Real:
• Santa Rosa Road, Curbaril Road, Pueblo Avenue, San Anselmo Road, and
Morro Road (Hwy 41)
The following deliverables are included as a part of this sub -task:
13 Two (2) hard copy and PDF copies of collected transportation data
13 Electronic copies in PDF format of land use base maps and urban form
Task 2.2 Opportunities & Challenges Mapping
Utilizing compilation of data collected in the base mapping and information gathering
task, the consultant with input from City Staff, will produce an annotated and illustrative
map graphically depicting opportunities and challenges that the corridor contains. This
map will be integral part of the public engagement session and will form the basis of
corridor enhancement concepts. The following deliverables are included as a part of this
sub -task:
0 Two (2) hard copies, Two (2) reduce size 11x17 copies, and one (1) electronic
PDF copy of Opportunities & Challenges Mapping
Task 2.3 Existing Conditions Report
Based on the mapping and data collected, the consultant will produce a brief report
outlining the existing conditions, opportunities, and challenges of the corridor. This
framework will serve as a basis for the draft corridor plan. Consultant is to produce an
administrative draft existing conditions report and distribute this draft to City Staff and
Caltrans officials for review. Administrative Draft should be submitted in a Microsoft
Word Format, for ease of editing electronically. After comments are received, consultant
shall produce a final draft conditions report for delivery to City Staff and Caltrans. The
following deliverables are included as a part of this sub -task:
E3 Two (2) hard copies and one (1) electronic copy of Administrative Draft Existing
Conditions Report
0 Two (2) hard copies and one (1) electronic copy of Final Existing Conditions
Report
Task 3: Corridor Open House
In conjunction with City Staff, the consultant will prepare for and conduct a community
open house meeting to introduce the project to the community, solicit input on issues
and opportunities, and have a conversation with the community on needs and priorities
and how to achieve the goals and objectives of the project. The consultant will work with
the City to provide appropriate noticing and publicity, including content for social media
platforms and recommendations for maximizing interactions with residents, business
owners, and users of the corridor. For coordination purposes, conference calls may
suffice for open house planning. Two (2) to three (3) members of the consultant team
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will attend the workshop. Following the conclusion of the open house, the consultant
will prepare a meeting summary highlighting meeting statistics and emerging themes
based on community input.
The following deliverables are included as part of this task:
D Large size maps printed on heavy weight paper to be utilized over a series of
workshops
D Large format paper pad or other medium to solicit feedback
D Two (2) hard copies and one (1) digital PDF copy of meeting notes from the
Public Workshop
D Two (2) reduced 11x17 copies of all workshop materials utilized and one (1)
digital copy
Task 4: El Camino Real Corridor Concepts
Consultant Project Team will produce two (2) concept plans for the El Camino Real
corridor taking in account information gathered from the public open house and the
existing conditions report. Conceptual design should incorporate multi -modal street
concepts and include plans, sketches, and photos for at least two sample sections of
the corridor and for each of the four prime commercial nodes.
In addition to the multi -modal streetscape concepts, consultant will produce two (2) land
use plan alternatives that maximize reduction of VMT and GHG within the City. Land
use plan concepts shall take into consideration the sustainable communities strategies
that were produced in the 2014 Regional Transportation Plan adopted by the San Luis
Obispo Council of Governments. The proposed land use alternatives should focus on
enhancing economic vibrancy, further the City's balance of jobs vs housing, and
utilization of multi -modal opportunities produced by the streetscape concepts. Prior to
commencement of this task, the consultant and City Staff shall meet through conference
call to discuss direction of potential land use issues, as well as any potential long range
plans for properties adjacent to the corridor.
Based on comments received from City Staff and Caltrans, the consultant team will
revise concept plans and prepare final public review draft corridor concept plans to be
presented at the public engagement session. The following deliverables are included as
part of this task:
D Five (5) full sized copies, five (5) reduced sized (11x17) copies, and one (1)
electronic copy of administrative draft corridor concept plans
D Two (2) full size copies, one (1) reduced sized (11 x17) copy, and one (1)
electronic copy of public review draft corridor concept plans
Task 5: Corridor Concepts Open House
City Staff and the consultant will present the draft corridor concepts with a brief
presentation on the goals and vision of the design concepts. Project team will break out
with the public and solicit feedback on the proposed draft concept plans, as well as,
goals and vision and other project information.
Tcv 5/1/06 A -3
792119.3
This open house is anticipated to be a sticker exercise type of open house format where
the project team will perform a sticker exercise to select a "preferred" corridor plan that
will be utilized to formulate a draft corridor plan and implementation plan. This meeting
will also be utilized to solicit feedback on proposed land use alternatives that work hand
in hand with proposed multi -modal draft corridor concepts. The following deliverables
are included as part of this task:
17 Two (2) hard copies and one (1) digital copy of meeting notes from the Public
Open House #2
Task 6: Draft Corridor Plan
Based on the preferred design alternative chosen in Public Engagement Session #2,
the consultant team will prepare a draft report. This report should focus on preferred
design concepts, land use study, etc. The Admin Draft Corridor Plan should include
illustrative "vision" plan showing enhancements, callouts, and other items needed to
transform the existing corridor into a multi - modal, economic hub. The draft plan should
focus on the "vision" and include policies and implementation measures. The
implementation measures should include time frames that can be reasonably
accomplished by City Staff and that can be incorporated into a future action plan for
approval by the City Council.
Based on the preferred design alternative, the consultant team shall identify potential
funding sources for implementation of the preferred alternative plan. This
implementation and funding source shall be folded into the administrative draft plan and
include timing from proposed improvements.
Based on comments received from City Staff and Caltrans, the consultant team will
revise the draft corridor plan to be presented at the final public engagement session.
The following are deliverable tasks expected from the consultant as a part of this task:
13 Five (5) copies and one (1) digital copy of admin draft corridor plan
13 Five (5) copies and one (1) digital copy of draft corridor concept plan
Task 7: City Council / Planning Commission Study Session
City Staff will present the draft corridor plan in a study session with the City Council and
Planning Commission. The consultant's project manager shall attend the Study Session
to answer questions. City Staff will prepare the presentation.
Task 8: Final Corridor Plan
Based on the input from the study session, the consultant team will prepare a final
corridor plan. This plan is to be adopted by the City Council. It is expected that minor
changes will be required based on the Study Session. The following are deliverable
tasks expected from the consultant:
17 Five (5) copies and one (1) PDF copy of final corridor plan
rev 5/1/06 A-4
7921 19.3
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 174,905
WITHOUT PRIOR WRITTEN AUTHORIZATION
Services will be conducted on a time and material basis not to exceed the contractual amount
of $174,905. All reimbursables will be covered to a maximum amount of $12,391 for the
duration of the contract. The reimbursable allowance of $12,391 is included in the total
contract amount of $174,905.
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 the attached contract. Payment will be made within 30 days after receipt and
approval of invoice.
Payments to the consultant in excess of the contract amount of $174,905 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.
PlaceWorks Inc.
K ren Gulley, Principal
rev 5/1/06 B_1
792119.3
EXHIBIT B
Compensation and Method of Payment
FEE SCHEDULE
PlaceWorks - 2018 Standard Fee Schedule
STAFF LEVEL
HOURLY SILL RACE
Princiaal
S2':0 -5335
Associate Principal
$190 -5230
Senior Associate /Senior Scientist
$160 -$210
Associate /Scientist.
$120 -5180
Project Planner /Project Scientist
$95 -$135
Planner /Assistant Scientist
$85 -$110
Graphics Specialist
$65•$160
Clerical/Word Processing
545 -$180
Intern
$65 -595
Subconsultants are billed at cost plus 10%.
Mileage reimbursement rate is the standard IRS- approved rate
Assistant Engineer /Planner
Fee Schedule kW-Trans
2018 Staff Billing Rates
2018 Expense Charges
Position
Billing Rate (per hour)
$205- 5290
Item Charge
Mileage $0.60 /mile"
Principal
Associate Principal
$185-S205
Services and Expenses 10% surcharge
Senior Engineer /Planner
$175-$200
Engineer /Planner
$150-$175
Associate Engineer /Planner
5130-$150
These rates are valid for work initiated prior to December 31,
2018. Work initiated after January 1, 2019, and any subsequent
Assistant Engineer /Planner
S100-S130
year may be billed at the revised rates established for that year.
Technician /Administrative
S85-S100
Intern
530-$80
' Mileage charge will be based on the IRS Standard Mileage Rate
(set at $0.545 effective January 1, 2018; subject to change) plus
Field Technician
S20-S40
10 percent.
rcv 5/1/06 B_2
792119.3
The following is a breakdown of fees based on tasks consistent with Exhibit A (Scope of Work)
of this contract.
T+rA
Placeftds
Hors
Placew brks
labor Total
Subcon5 Labor
Total
Total Task
Budget
-- --
•. •• 1 1
1.1
Project Kick -Off meetinc
28
55,000
51.738
56.738
1 2
Day-to-Day Project Management
64
511,520
SI,439
S12.959
1.3
Client/Project Team Meetings
58
510,370
SO
510.370
Task 1. Subtotall
150
526.890
$3,177
$30,067
2.1
Ease Mapping and Traffic Data
44
$6,990
S4.7991
$11.789
2 2
10pporiunrues & Challenges Mappmg
54
$8.2201
52,1941
$10.404
2.4 lExisting Conditions Report
641
S9.5901
S3,9691
$13,559
Task 2. Subtotall
1621
524,8001
$10.952
535.752
TASK 3. CORRIDOR OPEN HOUSE MEETING
3.1 10pen House Meeting No_ 1 - Project Introductior
681
510,410
51,764
512.174
Task 3. Subtotal
681
S10.4101
S1,7641
$12.174
4.i Development of Altematl,;es
138
524.060
58.384
$32.444
Task 4. Subtotal
138
$24,0601
$8,3941
$32,444
TASK S. CORRIDOR OPEN HOUSE
5.1 10pen House Meeting No. 2 - Presentation of Draft Cence
661
511,390
51.764
$13.154
Task 5. Subtotall
66
$11.3901
1,764
$13,154
1 1 - 1 . •
E• .I
Admimstratrre Draft Corridor Plar
126
519.780
S3.423
523.203
6.2
jDraft Corridor Nan
60
S9•780
$830
$10,610
Task 6. Subtotal•
186
529.560
54,253
$33.813
TASK 7. CITY COUNCRIPLANNING, COMMISSION 1 SESSION
City Council /P!annmo Ccmmisston STudy Session
4
5860
SO
I
5860
Task 7. Subtotal
4
S8601
Sol
S860
TASK 8. FINAL CORRIDOR
Final Corridor Plan
22
$3.420
"8301
54.250
Task S. Subtotal
21
$3.4201
S8301
$4,250
Labor Hours Total
796
$131,3901 $31,124
$162,514
REIMBURSABLE EXPENSES: SUBCONSULTANTS
53.371
REIMBURSABLE EXPENSES: PLACEWORKS
59,020
REIMBURSABLE EXPENSES TOTAL
$12,391
GRAND TOTAL
I
rev 5/1/06
B_3
792119.3
EXHIBIT C
Items Provided by City
The following data will be provided by City Staff:
• Building footprint data;
• SWITRS data for pedestrian / bicyclists collisions and other accident data from
2013-2 nd Quarter of 2017;
• Caltrans TASAS (Traffic Accident Surveillance and Analysis System) data for
collisions occurring on /near the state highway system;
• Underlying Zoning Data;
• Traffic Counts and Data from the Del Rio Commercial Area Specific Plan;
• Any available data from the Downtown Traffic Calming Plan.
• City Staff will be responsible for any CEQA required on the draft corridor plan. It
is anticipated that the proposed corridor plan will require a mitigated negative
declaration.
rev 5/1/06
C -1
792119.3
EXHIBIT D
Location Schedule
None
rev 5/1/06
792119.3 D-
EXHIBIT E
Insurance Requirements
INSURANCE REQUIREMENTS: CONSULTANT SERVICES
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. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self - insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
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.
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.
rev 5/1/06
792119.3 E -1
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
ANIL
Additional Insured
The City of Atascadero will need 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.
rev 5/1/06
792119.3 E -2