HomeMy WebLinkAbout2016-007 Quincy Engineering/Santa Lucia Rd Bridge CITY OF ATASCADERO
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CONTRACT FOR
PROFESSIONAL SERVICES
WITH
QUINCY ENGINEERING
FOR
SANTA LUCIA ROAD BRIDGE REPLACEMENT PROJECT
CITY PROJECT NO. C20151303 • Phase I Design
Federal Project No. BRLO-5423(029), Bridge No. 49C-0164
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Cit of Atascadero
Quincy Engineering
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 Services. Except as provided in Sections 6 and 19 below, this Contract shall terminate no
later than June 30, 2021, unless extended by the mutual agreement of both parties.
4. COMPENSATION:
A. TERMS. Compensation and method of payment to the Consultant shall be as follows,
and as set forth in Exhibit B which is attached and made part of this Contract.
1. The method of payment for this contract will be based on actual cost plus a fixed fee. City
will reimburse Consultant for actual costs (including labor costs, employee benefits, travel,
equipment rental costs, overhead and other direct costs) incurred by Consultant in
performance of the work. Consultant will not be reimbursed for actual costs that exceed
the travel, equipment rental, and other estimated costs set forth in the approved
Consultant's Cost Proposal, unless additional reimbursement is provided for by contract
amendment. In no event, will Consultant be reimbursed for overhead costs at a rate that
exceeds City's approved overhead rate set forth in the Cost Proposal. In the event, that
City determines that a change to the work from that specified in the Cost Proposal and
contract is required, the contract time or actual costs reimbursable by City shall be
adjusted by contract amendment to accommodate the changed work. The maximum total
cost as specified in Exhibit B shall not be exceeded, unless authorized by contract
amendment.
2. In addition to the allowable incurred costs, City will pay Consultant a fixed fee of as
identified in Exhibit B. The fixed fee is nonadjustable for the term of the contract, except
in the event of a significant change in the scope of work and such adjustment is made by
contract amendment.
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5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Consultant shall comply with the City
Manager's request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Consultant may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Consultant is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Consultant's performance shall not in any manner be subject to any bargaining agreement(s)
or any other agreement(s) the Consultant may have covering and/or with is employees.
C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort
to maintain the stability and continuity of Consultant's staff assigned to perform the services
required under this Contract. Consultant shall notify City of any changes in Consultant's staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
G. 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.
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.
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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.
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.
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. 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, except as indicated in Scope of Services (Exhibit A).
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.
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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 be for that entire portion or percentage of liability
not attributable to the active negligence of City.
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 mutually acceptable to the City
and Consultant. 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.
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H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier with
respect to any subsequent default or other matter.
1. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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: Quincy Engineering
11017 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
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 27th day of April 2016 by the parties as follows,
Approved as to form: Quincy Engineering
By.
Counsel for Consultant (If applicable) John S. uincy, Presidenfi
Approved as to form: City of Atascadero
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By.
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Brian Pierik, City Attorney Rachelle Rickard, City Manager
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City of Atascadero • -- __
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Quincy Engineering
CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS
Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor
constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of$25.00 for each worker
employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during
which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours
in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)
Attention is given to the fact that both Federal (Davis-Bacon) and State of California prevailing wage rate
requirements apply to this project. Not less than the greater of the Federal Davis-Bacon wage rates or the
general prevailing wage rate of per diem wages and the Federal prevailing rates for holiday and overtime
must be paid on this project. State of California prevailing wage rates are available online at
www.dir.ca.gov/dlsr/pwd/southern.htmi.
Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the
duration of the Contract, a copy of the determination by the Director of the Department of Industrial
Relations of the specified prevailing rate of per diem wages. (Labor Code§ 1773.2.)
Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing
rate of per diem wages to all workers employed in the execution of the contract. (labor code § 1774.)
Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and
inspection of payroll records.
Contractor shall comply with all provisions of Labor Code section 1775. Under section 1775, Contractor
may forfeit as a penalty to city up to $50.00 for each worker employed in the execution of the Contract by
Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less
than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker
was paid less than the prevailing wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered
apprentices in the execution of the contract. Contractor is responsible for compliance with Labor Code
section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors
must submit contract award information to the applicable joint apprenticeship committee, must employ
apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every
five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must
contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship
Council, and that contractors and subcontractors must not discriminate among otherwise qualified
employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or
color. Only apprentices defined in Labor Code sections 3077, who are in training under apprenticeship
standards and who have written apprentice contracts, may be employed on public works in apprenticeable
occupations.
Consultant
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John S. uincy, President
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Phase 1 -Santa Lucia Scope of Work
Task 1: Design Support and Preliminary Studies Task 1.1 -Topographic Surveys
McMillan
McMillan will establish the project control, perform the topographic surveys, and survey stream
cross-sections. All surveys will be relative to state plane coordinates (NAD 83), acceptable
vertical datum (NAVD 88) and City control network if applicable. McMillan will conduct all
necessary surveying to produce a 1"=20' topographic map, including features such as existing
roadway, asphalt limits, existing bridge components, structures, fence lines, visible utility
apparatuses, utility markings on the pavement, driveways, trees six (6) inches and larger, and
any other pertinent information that will aid the project design team. The deliverables will be
topographic points and a reproducible topographic map at a scale of one inch equals twenty
feet with a contour interval of one foot. Total area assumed will be approximately 400 feet long
by 80 feet wide. It is anticipated that the total topo coverage is less than 0.8 acres. McMillan
will survey cross-sections of the waterways at various locations for a hydraulic analysis. Cross-
sections will be used as stream modeling data for determining water surface profiles in the
Hydraulic Study. The waterway cross-sections will be surveyed at ten locations, three
upstream of the proposed alignment, six downstream, and one confluence as defined by
WRECO.
Deliverables:
• Electronic topographic map, DTM surface, control points, and surveys tied to existing
monuments of record
• 10 Hydraulic Sections
Task 1.2 -Hydraulics (WRECO)
WRECO will be responsible for the Floodplain Evaluation Report and Bridge Design
Hydraulic Study Report. WRECO will attend the Project kickoff meeting and up to four (4)
conference calls, and will provide monthly invoices and progress reports.
Data Review and Field Reconnaissance
WRECO will review available data provided by the City and the Project Team. WRECO will
conduct a field reconnaissance to assess the existing conditions and identify hydraulic design
constraints in the vicinity of the Project site.
Hydrologic Analysis
WRECO's preliminary research of the FEMA's Flood Insurance study (FIS) indicated that there
is a detailed study available at the bridge site. WRECO will coordinate with FEMA for the
background information of their published design peak discharges. As an independent check,
WRECO will perform USGS Regional Regression Equations.
Hydraulic Analysis
WRECO will perform a hydraulic analysis to determine the design flow characteristics for both
the existing and proposed conditions, including water surface profiles and flow velocities
through the study reach of the Graves Creek for the Q50, Q100 (base flood), and the
overtopping flood. The hydraulic model of choice will be the U.S. Army Corps of Engineers'
HEC-RAS model. WRECO will coordinate with the City to obtain FEMA's effective hydraulic
model. WRECO will coordinate with the Project Team to obtain the surveyed channel cross
sections and incorporate the data into FEMA's effective hydraulic model.
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Literature Search and Project Initiation. Yeh will collect as-built plans, coordinate site
access, and schedule field exploration activities. This proposal assumes that site access and
permits or environmental documents or clearances required for the work will be provided to us
(except well permits needed for borings).
Field Investigation Planning/Preparation. A site specific Health and Safety Plan will be
prepared for the field investigation program. Yeh will visit the site, mark the boring locations
and contact Underground Service Alert (USA) to perform utility clearances prior to the
commencement of the subsurface investigation. Well permits will be obtained from the
County of San Luis Obispo for borings deeper than 25 feet.
Subsurface Investigation. Perform a 2-day field exploration program to drill a total of 2
borings. Traffic control consisting of a single-lane closure will be provided during drilling. One
boring will be drilled at each proposed abutment location to an approximate depth of 100 feet
below the road surface. The holes will be drilled using a truck-mounted rig equipped for 8-inch
hollow stem auger drilling, mud rotary drilling and rock coring. Rock coring will be provided if
bedrock conditions that preclude adequate drive sampling are encountered. The holes will be
backfilled with bentonite slurry or approved native fill in accordance San Luis Obispo County
permit requirements. Cuttings from the drilling will be collected and appropriately disposed of
offsite. Streambed samples will be taken from the thalweg of Graves Creek. Sieve analyses
and/or visual classification and field measurements of streambed deposits will be used to
estimate the mean particle size of the streambed material (D50).
Laboratory Testing. Review results of the field exploration program, logs of the drill holes,
soil samples and photos and assign laboratory tests to characterize the subsurface conditions
for the design of the bridge foundations, the roadway approaches, and pavements. Tests will
be performed for classification, moisture content and unit weight, R-value, corrosion, soil
strength and compressibility.
Preliminary Foundation Report. A draft of the report will be submitted in pdf letter format via
email for review by the design team, and will be finalized once any comments or input is
provided. The report will provide a brief summary of the work performed, the project
understanding, subsurface conditions encountered, preferred foundation type(s) for the
conditions encountered and preliminary opinions and recommendations.
Geotechnical Evaluation and Draft Geotechnical Report. Yeh will prepare a draft
Geotechnical Report for the design of the bridge and roadway in accordance with current
Caltrans guidelines. Foundation analyses will be performed using the latest approved
AASHTO LRFD Bridge Design Specifications with Caltrans amendments applied. The draft
report will be submitted in pdf for review by the City and design team.
Log of Test Borings Sheet. Prepare a Log of Test Borings sheet for inclusion in the
project plan set for the bridge.
Final Reporting. Prepare and issue a final Geotechnical Report and Log of Test Borings sheet
to address the comments received and incorporate them into the report. It is not anticipated
that the final report would incorporate evaluating additional alternatives or foundation types as
part of the final submittal. One pdf and three (3) hard copies of the final report will be
submitted.
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noise review as the project relates to the City's Noise Element and Ordinance; 2) background
noise research; 3) identification of sensitive land uses within close proximity of the site; 4)
calculation of noise levels at surrounding sensitive receptors (if any); and 5) development of
mitigation measures to address potential construction-related noise levels. SWCA will prepare
a memo to summarize the noise evaluations.
Phase I Initial Site Assessment
A Phase I Initial Site Assessment (ISA) will be performed by SWCA technical subconsultant,
Haro Environmental, Inc. Haro Environmental will research the past land use near the project
area through aerial photographs, oil and gas well maps, interviews, and other records. Haro
Environmental will prepare a report summarizing the results of the ISA, which will present the
findings regarding the potential for soil or groundwater contamination potentially affecting the
project area, the potential for lead-based paint, and asbestos. The collection and analysis of
any media (e.g., soil, groundwater) is not a part of this scope. Based on the findings of the ISA,
recommendations for additional assessment including a Preliminary Site Investigation (PSI)
will be provided, if warranted.
Water Quality Assessment Report
SWCA will utilize the Caltrans template to prepare a WQAR memorandum. The report will
provide data on surface water and groundwater resources within the project area and their
water quality health, describe water quality impairments and beneficial uses, identify potential
water quality impacts/benefits associated with the proposed project, and identify avoidance
and/or minimization measures recommended for potentially adverse impacts.
Natural Environmental Study
The Natural Environment Study (NES) consists of an impact analysis of the sensitive biological
resources with the potential to occur within the project impact area. Following the database
search and literature review, field surveys will be conducted to provide baseline information on
vegetation communities, habitat types, and plant and wildlife species in the study area.
Resources identified during field surveys will be mapped with Global Positioning System
(GPS)/Geographic Information System (GIS) and will be overlain on plans and/or aerials
provided by QEI. SWCA will conduct two floristic botanical surveys in order to accommodate
the range of blooming periods for the numerous special-status plant. Topics of discussion in
the NES will include a description of each project alternative currently under consideration;
regulatory overview; study methods; documentation of existing conditions; special-status plant
and animal species, sensitive habitats, and jurisdictional features (wetlands/other waters) with
potential for occurrence; evaluation of permanent, temporary, direct, indirect, and cumulative
impacts; and recommended avoidance and minimization measures. The NES will also
adequately address invasive plant species. Topic-specific reports will be included as
appendices of the NES. The NES will compile information from these individual studies and will
be prepared using the most current Caltrans template available prior to submittal of the Draft to
Caltrans.
Biological Assessment
A Biological Assessment (BA) will be restricted to a discussion of federally-listed species with
potential for occurrence within or adjacent to the project area (currently anticipated to consist
of California coast steelhead, California red-legged frog, and least Bell's vireo) and will be
prepared pursuant to the most recent Caltrans template. SWCA will address project impacts
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Archaeological Survey Report
SWCA will conduct a records search for the proposed project area at the California Historical
Resources Information System's (CHRIS) CCIC. SWCA assumes that Caltrans will require a
1-mile search radius. SWCA further assumes that the records search will be completed at the
CCIC for a maximum direct cost of$900.00. Preparation of the Archaeological Survey Report
(ASR) and Historic Property Survey Report (HPSR) will include coordination with up to 20 local
Native American individuals and groups. SWCA will initiate this task by contacting the Native
American Heritage Commission (NAHC) to request a Sacred Lands File search and to request
a list of Native American contacts. SWCA will prepare and mail letters to each of the NAHC-
listed contacts, requesting information, in writing, concerning any Native American religious or
cultural resources within or immediately adjacent to the project area. Up to two telephone calls
will be made to each of the Native American groups on the NAHC list to document good-faith
efforts at follow-up. SWCA will conduct an intensive-level archaeological survey of the area of
direct impacts. SWCA will survey the APE and prepare updates to the California Department of
Parks and Recreation (DPR) Series 523 forms for the portion of the site within the APE. No
testing or excavation will be conducted, nor will any artifacts, samples, or specimens be
collected during the survey.
SWCA will prepare an Archaeological Survey Report (ASR) according to Caltrans' current
guidance as specified in the Standard Environmental Reference (SER). SWCA assumes that
no archaeological resources will be encountered; any additional previously unrecorded or
newly recorded archaeological resources identified during the records search or survey would
require a change order for formal recordation. The survey area will be limited to the direct
APE. SWCA assumes that preparation of the ASR will not require more than one revision
based on comments from Caltrans or the City.
Historic Resources Evaluation Report
Preparation of the HPSR will include coordination with up to five individuals and organizations
who may have knowledge of, or concerns with, historic properties in the area. Coordination will
include inquiries to local governments, and local historic groups regarding their knowledge of
historic properties in the immediate vicinity of the APE. Up to two (2) telephone calls will be
made to each of the groups to document "good-faith" efforts of follow-up. A qualified
Architectural Historian will direct an intensive-level survey of the indirect APE. SWCA assumes
that the indirect APE will extend approximately one parcel away from any ground disturbances
or right-of-way acquisitions. SWCA will evaluate the bridge using California Register criteria
and reevaluate the bridge using National Register criteria. SWCA assumes that archival
research will need to be conducted and the bridge will need to be recorded on DPR forms in
order to comply with Caltrans guidance. SWCA assumes that no additional resources beyond
the bridge described above that are more than 50 years of age that would require recordation
on DPR forms will be present. Should additional resources that are older than 50 years be
identified within the indirect APE, SWCA would request a change order to conduct the
additional work: SWCA will prepare a HRER. SWCA assumes only one (1) revision to the
HRER will be required.
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Stream Diversion Plans (Phase 2 Work)
SWCA will assist the Consultant with the preparation of a Diversion/Dewatering Plan, which
will include a detailed discussion of how the plan shall be implemented and discussion of any
potential impacts to aquatic life and habitat in the area. This plan may need to be submitted at
the same time as the NES and BA, leading to consultation with USFWS and NOAA Fisheries,
and/or with the USACE Section 404 Nationwide Permit (NWP), RWQCB Section 401 Water
Quality Certification, and CDFW Section 1602 Streambed Alteration Agreement applications.
Deliverables;
• Noise Study
• Phase I Initial Site Assessment
• Water Quality Assessment Report
• Natural Environmental Study (NES)
• Biological Assessment (BA)
• Wetland Delineation and Assessment
• Visual Impact Assessment
• Archaeological Survey Report
• Historic Resources Evaluation Report
• Historic Property Survey Report
• Initial Study/ Mitigated Negative Declaration (CEQA Document)
• Categorical Exclusion (NEPA Document by Caltrans)
• Conceptual Habitat Mitigation and Monitoring Plan
• USACE Section 404 Nationwide Permit
• RWQCB Section 401 Water Quality Certification
• CDFW Section 1602 Streambed Alteration Agreement
Task 3: Right of Way
McMillian will utilize City provided record documents, title documents, and record maps to
establish existing right-of-way boundary lines. The existing right of way will be integrated into
the survey base. McMillian assumes that the existing right of way monuments will be shot
with the initial topo and a second field mobilization will not be required.
Deliverables:
• Existing right of way lines in the electronic topo file
City Tasks:
• Right-of-way information, deeds and title reports will be provided by the City prior to
initial topo survey
• City will perform appraisals and acquisitions
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EXHIBIT B
Compensation and Method of Payment
Cost Proposal
Phase 1 -Santa Lucia Bridge Replacement Project
Date: 4/7/2016
QuincV Engineering,Inc.
Direct tabor 537,978.80
Escalation for Multi-Year Project(3A0,,- $1,139.36
Subtotal S39,118.16
Overhead(1.639): 564,114.67
A. Labor Subtotal $103,232.83
Subconsultant Costs:
SWCA Environmental Consultants S86,604.87
Yeh and Associates,Inc. 555,008.58
WRECO S20,195.36
Mcmillan Landsurveys S28,240.01
0 S0,00
0 50.00
0 50.00
0 SO.00
0 50.00
B. Subconsultant Subtotal S190,448.82
Other Direct Costs-
Travel(@ active IRS mUeage rate) 280 miles @ SO.540 $151.20
Pier Diem/Hotel 1 days @ $150.00 $150.00
Delivery @ S20.00 SO.00
Vendor Reproduction
Vellum @ S0.00
8112 X 11 Reproduction @ S0.00
11 X 17 Reproduction @ S0.00
Mounting Boards for Presentations @ 50.00
Newsletters(Translation and printing) @ 50.00
._ Subtotal Vendor Reproduction 50.00
Title Report @ SO.00
Miscellaneous
Prevailing Wage Differential S0.00
C. Other Direct Cost Subtotal: $301.20
Labor Subtotal A. = 5103,232.83
Fixed Fee(10.0%): S10,323.28
Subconsultant Subtotal B. = 3190,048.82
Fixed Fee(0.0%): S0.00
Other Direct Cost Subtotal: C. = $301.20
Fixed Fee(0.0%): SO.00
TOTAL= $303,906.14
Note: Involces will be based upon actual QEI hourly rates plus overhead at 163.9%
plus prorated portion of fixed fee. Subconsultant and Direct Casts will be billed at actual cost
Santa Luda Cost Prop Ravlsod 4-7-16 mr-xdsx Phase I Budga! l Q U 1 N CY
l® ENGINEERING
B-2
Local Assistance Procedures Manual 1D=IT 10-H
Cost Proposal
L-d ibit I0-H Cost Proposal
Cost Proposal
ContractNo. Pltact_I_mid 2-Santa Lucia Bridge RenlacementPraiect
Consultant Quincy]ndneeriwE.Ine-
Data 417/2016
D=-CT LABOR
Initial
Classmeationrritie Name Initials Range Homs Hourly Tab]
Rate
Principal Eno. Brent Lemon BL $62464 0 $76.70 $
Principal Eng. Mark Reno MR $62-$84 90 $76.70 $ 6,903.00
Senior Eng. Greg Young GY $46$75 118 $61.70 $ 7,280.60
Assoc Eng. Andy Chou AC $33-$60 0 $43.20 .$ -
Assoc Eng. Robert Ferguson RF d$26-$44
0 112 $48.40 .$ 5,420.80
Senior Eng. Garrets McLaughlin GM 5 118 $57.40 $ 6,773.20
Senior Eng Tech Craig Polglase CP 212 $45.20 $ 9,582.40
Assoc Ena. Vanessa Doctolero VD 0 0 $47.30 $
Drafter Bob Maechler BM 20 $44.20 $ 884.00
Drafter Patrldi I nn PK 20 $24.D0 $ 498.00
Senior Eno, Kell Gallacher KG 5 0 $64.10 $
SeniorPM Mario Ouest MO 4 8 $70,80 $ 566:40
Assist Eng. Erin McPherson EM 0 $36.60 $ -
Admin Asst Phyllis Jordan PJ 9 2 $35.20 $ 70.40
blank0 $ - $ -
blank0 $ - $
Mo $ 37,978.80
LABOR COSTS
a)Subtotal Direct Lebor Costs $37,978.60
b)Escalation for Multl-Year Project(3.0%): $1.139,36
c) TOTAL DIRECT LABOR COSTS((a)+(b)] _ $39,118.16 $39,118.16
FRINGE BENEFITS
d) Fringe Benefits(Rate:39.0%):
e)TOTAL FRINGE BENEFITS[(c)x(d)] $15,255.08 $15,256,08
INDIRECT COSTS
f) Overhead(Rate:96.6%):
g) Overhead[(c)x(f)] $37,786.15
h) General Administration(Rate:28.3%):
I) Gen$Admin[(c)x(h)] $11,070.44
j) TOTAL INDIRECT COSTS[(g)+(i)] $48,858.59 $48,858.59
FIXED FPP(Proflt)
k) Fused Fee(10.0%):
1) TOTAL PROFIT[(c)+(e)+(()]x(q) 510;32326 $10,32328
OTHER DIRECT COSTS(00 C)
Travel(@ active IRS mileage r• 280 miles @ $0.540 5151.20
Pier Dlerrd Hotel 1 days @ $150.00 $150.00
Delivery 0 @ $20.00 $0.00
Vendor Reproduction $0.00
Title Report 0 @ $0.00 $0,00
Miscellaneous $0.00
Prevalling Wage Differential $0.00
m)Other Direct Cost Subtotal: $30120 $301.20
P)SubeonsultantCosts(attach detaikdcost proposal $1 ,048.82 $190,048.82
in same Ikumal as price mrm9ant estimate for each
satwn:vRan@
r) TOTAL COST $303,906,14
SanlaLudaCost Prop Revised4.7.16mrxLmfPhaw1LAPM10-H 4/7/2016 N ENGINEERINGNEE7
B-4
UVA Yeh and Associates, Inc.
RAM Consulting Unginccrs & Scicntists'
H0URLY BREAKDOWN OF SERVICES
Santa Lucia Road Midge Replacement
City of Atascadem,Cafdomla
Gentechnical Services for Bridge 0 mi n
FIRM HAMEYehandAssoclales,Inc. PREPAREDBY. J.Blanchard DATE:February D,2010
PROJECTI1o.:21&002
Sr,Project S6 Project Staff TOTAL
WORICACTNfTY
Principal Manager Engineer Geolog'sUSelenict Jr.Englneer HOURS
Typkal StaJ' Jan 8lanchard Mke Ffnecan Judd Kinn Slmon Boone Jarrile Gravers.
Gwlechnloal Sernlc;s:
1 InRbUon and review of ex'sUngdala 2 t 8 11
2 UllWclearance,HASP,access,sllev'it 2 4 24
3 Field 6rploralon(drilling,creekbed sarnplfng) 2 4 4 24 34
4 Labaralaty Testing Und Rales
5 PtegrnlnaryFoundalfonReport(draftffnaQ 0 4 24 4 2 �
0 EvaWaUon and Drafl Founda0on Repod B 24 40 10 8 Ga
7 Draft Log of Test Barings(1 sheen 1 4 4 12 21
8 Final r epor5ng and t"m 2 2 10 2 4 20
T.NJ Hours .23 35 IM 74 SB O 0 258
B-6
11AFF Ych and As..... ... .Inc.
ANNUAL ESCALATION WORKSHEET
Fahlb4 10•H Cast Proposal
Type:Lump Sum(firm tied price)
Consultant:Yeh and Associates,Inc. Contract No. 216-062 Date: ?19!2016
1.Calculate Average Houdy Rate for 1st year or contract(Direct Labor Subtotal divided by total hours)
Direct Labor Subtotal Total Hours per Cost Avg Hourly 4 Year rContract
per Cast Proposal Proposal Rate Duration
atEan
S 10.357.00 258 = $ '40.14 Year 1 Avg Hourly Rate
2.Calculate hourly rate,for all years(Increase the Average Hourly Rate for a year by proposed escalation%)
Avg Hourly Rate Proposed Escalation
Year l S 40.14 + 3,0% = 5 41.35 Year 2 Avg Hourly Rate
Year 2 $ 41.35 + 3.0% = 5 42.59 Year 3 Avg Hourly Rate
Year 3 $ 42.59 + 3.0% = $ 43.87 Year Avg Hourly Rate
Year 4 S 43.87 + 3.0% = S 45.18
3.Calculate estimated hours per year(Multiply estimated%each year by total hours))
Estimated% Total Hours per Cost Total Hours
CoMpieted Each Year Proposal per Year
Year 1 50% + 258 = 129.0 EsUmated Hours Year 1
Year 2 40% + 258 = 1032 Estimated Hours Year 2
Year 3 10% + 258 = 25.8 Estimated Hnurs Year 3
Year4 0% + 258 = 0.0 Estimated Hours Year 4
Total 100% Total = 25B
4,Calculate Total Costs including escalation(Multiply average hourly rate by the number of hours)
Avg Hourly Rate Estimated Hours Cost per
(calculated above) (calculated above) Year
Year 1 $ 40.14 129 = $ 5.178.50 Estimated Hours Year 1
Year2 $ 41.35 103 = $ 4,267.08 Estimated_Hours Year
Year 3 $ 42.59 26 = $ 1,098.77 Estimated Hours Year 3
Year4 S 43.67 ' 0 = S Estimated Hours Year
Total Total Direct Labor Cost with Escalations _ $10,544.35
Direct Lab Sublatal before Escalation — $10,357.00
Estimated total Direct Labor Salary Increase = $ 187.36 Transfer to page 1
NOTES;
1.Anticipate Notice to proceed:June 21116, Begin geotechnical lnvesdgation:Sum-Fall 2016.Complete PS&E:Fall 2017.
2.End of Yeh fiscal year Is December 31.
3.Construction support would likely be provided as task order amendment at hourly rates Pdth appled escalation.
B-8
Form 10H
SUBCONSULTANT COST PROPOSAL
COST PROPOSAL
CONTRACT No. Santa Lucia Bridge Replacement Project Dale 7-Apr-16
CONSULTANT MCMILLAN LAND SURVEYS
DIRECTLABOR Initial
Hourly
Classification Name Range Hours Rate Total
,14 r-101. Keith McMillan 82-0 @ $ 335.00 $ 9,430.00
@ S S
3u;rifey`.Drpftfng.`i''r: ::..' KeithMcMRlan 74.0 @ $ 75.00 $ 5,550.00
@ $ $
@ $ $
Subtotal Direct LoborCosts 5 14,980.00
Total Direct Labor Costs S 14,980.00
FRINGEBENEFITS Rate Total
Fringe Benefits 215_00% $ 3,894,80
Total Fringe Benefits $ 3,694.80
INDIRECTCOSTS
Overhead/General andAdministrative 45.3856 5 6,797.94
Total Indirect Costs $ 6,797.94
FEE @ 10% $ 2,567.27
OTHER COSTS
Travel&Per Diem 5
Office Misc.&Reproductions
Total Other Cost% $ -
TOTAL COSTS Sr28,240,01
B-10
EXHIBIT D
Location Schedule
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Santa Lucia Road Bridge (No. 49C-0164)
Federal Project No. BRLO-6423(029)
Atascadero, California • San Luis Obispo County
D-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
canceled or amended by either parry, except after thirty (30) days'prior written notice by certified
mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VIl.
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
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR,
Part 26, and the Department's DBE program developed pursuant to the regulations.
Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified
through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture
partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to
document one or a combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own
forces.
2. The proposer will meet the goal through work performed by DBE subconsultants,
suppliers or trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the
goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or
clearly defined portions thereof. Responsibility means actually performing, managing,
and supervising the work with its own forces. The DBE joint venture partner must share
in the capital contribution, control, management, risks and profits of the joint venture
commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is,
a DBE firm must be responsible for the execution of a distinct element of the work and
must carry out its responsibility by actually performing, managing and supervising the
work.
F. The proposer shall list only one subconsultant for each portion of work as defined in
their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of
subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the
Contract toward the DBE participation except that portion of the work to be performed
by non-DBE subconsultants.
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies
participating in the CUCP. If you believe a firm is certified that cannot be located on the
database, please contact the Caltrans Office of Certification toll free number 1-866-810-
6346 for assistance.
B. Access the CUCP database from the Department of Transportation, Office of Business
and Economic Opportunity Web site at: http://www.dot.ca.gov/hq/bep/.
F-2
Consultant DBE Information
Request for Proposal—Santa Lucia Road Bridge Replacement I Project No.C2015D03
EXHIBIT 10-01: Consultant Proposal DBE Commitment
Consulrtint to-rain lets this SeWrin
1. telt.;;:wrlry N:i—v, 137Y OF ATASCAVERO 2 Un'ilFact DU IJO�i B:4
3, 1"ri,r•ct Dint'n.-i•r,-v SANTA LUCIA BRIDGE REPLACEME6,TPnwECf/CITY PROJECT ND-[2015001
4. Prll.cct Wral,nn: On west side of Atascedeto Santa Lucia Road near the intersection with Llano Road.
Alasmdero CA
5, raze<la;r's ria^e: Quincy Engineering,Inc.
&
7.Oeschp an o'Work,SorW o,or Q3; r
Mammals stpp4cd Cer;l Lulcn 9.63t.Ccn;art>n.cmaarn 10.B3i s:
rltrnbcr
WRECO
Hydraul!c anc I:Ydrology Fne--Ircnrtg and Dr.Han-01n Liang,Principal
Revorls;Slorr-WalerControlPlan 30066 L'43Alp:neRoad.Swic108 S%
%va nut Cscet.Cal:frlm a 93596
(925)931.0017
let Drilling,Inc.
W1111am Hinton
Ovolec-1.11cit rest Wing Driking 31175 3636 Saim Louis Avenue 3
ygna!H-,II,Gagcin<a 90755
(562f 988-71339/(925)931-0017
Local elg6tq'to Complete this Secilon
17.l c:.al�,rn;y tsnY:�-i JJwrtrt
C2015B03
t9.rrJcrai,vd Prttrn 117 prrrsrrr,S•pn3,urr
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BP.LQ-5473 029) -Bridge No.49C-0158 13 hrsnr{�rJsrrrlRln:]
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Da"PAElil 78,7016
local Agency terlftes:hal all 031 cmrirmVens ar c valid and the r=.ua ry 73,20I G 916.368.9181
infermaurinanibstomiticpnpintcandarcrraw- 15.trsor t6 latr•��-3:11rLn,
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CY
zoo rel�UI`ER G Professional Engineering Services A P P E N D I M- f Q R M S
F-4
ARTICLE II STATEMENT OF WORK
See Scope of Services Exhibit A, pages A-2 through A-7.
ARTICLE III CONSULTANT'S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be
sufficiently detailed for the Contract Administrator to determine, if CONSULTANT is
performing to expectations, or is on schedule; to provide communication of interim findings,
and to sufficiently address any difficulties or special problems encountered, so remedies
can be developed.
B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract
Administrator, as needed, to discuss progress on the contract.
ARTICLE IV PERFORMANCE PERIOD
A. This contract shall go into effect on 4127116 contingent upon approval by LOCAL AGENCY,
and CONSULTANT shall commence work after notification to proceed by LOCAL
AGENCY'S Contract Administrator. The contract shall end on 6130121, unless extended by
contract amendment.
B. CONSULTANT is advised that any recommendation for contract award is not binding on
LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this contract will be based on actual cost plus a fixed fee.
LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs,
employee benefits, travel, equipment rental costs, overhead and other direct costs)
incurred by CONSULTANT in performance of the work. CONSULTANT will not be
reimbursed for actual costs that exceed the estimated wage rates, employee benefits,
travel, equipment rental, overhead, and other estimated costs set forth in the approved
CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by
contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at
a rate that exceeds LOCAL AGENCY's approved overhead rate set forth in the Cost
Proposal. In the event, that LOCAL AGENCY determines that a change to the work from
that specified in the Cost Proposal and contract is required, the contract time or actual
costs reimbursable by LOCAL AGENCY shall be adjusted by contract amendment to
accommodate the changed work. The maximum total cost as specified in Paragraph "H"
shall not be exceeded, unless authorized by contract amendment.
B. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a
fixed fee of$10,323.28. The fixed fee is nonadjustable for the term of the contract, except
in the event of a significant change in the scope of work and such adjustment is made by
contract amendment.
G-2
A. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT
fail to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, LOCAL AGENCY may proceed with the work in
any manner deemed proper by LOCAL AGENCY. If LOCAL AGENCY terminates this
contract with CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due to
CONSULTANT under this contract prior to termination, unless the cost of completion to
LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage
shall be deducted from any sum due CONSULTANT under this contract and the balance, if
any, shall be paid to CONSULTANT upon demand.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine
the cost allowability of individual items.
B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR,
Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.
C. Any costs for which payment has been made to CONSULTANT that are determined by
subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal
Acquisition Regulations System, Chapter 1,
Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY.
D. All subcontracts in excess of$25,000 shall contain the above provisions.
ARTICLE VIII RETENTION OF RECORDSIAUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title
21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and
other matters connected with the performance of the contract pursuant to Government Code
8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make
available for inspection all books, documents, papers, accounting records, and other evidence
pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract. All parties shall make such materials available at their respective
offices at all reasonable times during the contract period and for three years from the date of
final payment under the contract. The state, State Auditor, LOCAL AGENCY, FHWA, or any
duly authorized representative of the Federal Government shall have access to any books,
records, and documents of CONSULTANT and it's certified public accountants (CPA) work
papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations,
excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in
excess of$25,000 shall contain this provision.
G-4
D. Any subcontract in excess of$25,000 entered into as a result of this contract shall contain
all the provisions stipulated in this contract to be applicable to subconsultants.
E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY's
Contract Administrator prior to the start of work by the subconsultant(s).
ARTICLE XI EQUIPMENT PURCHASE
A. Prior authorization in writing, by LOCAL AGENCY's Contract Administrator shall be
required before CONSULTANT enters into any unbudgeted purchase order, or subcontract
exceeding $5,000 for supplies, equipment, or CONSULTANT services. CONSULTANT
shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in CONSULTANT's Cost
Proposal and exceeding $5,000 prior authorization by LOCAL AGENCY's Contract
Administrator; three competitive quotations must be submitted with the request, or the
absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following:
"CONSULTANT shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an
acquisition cost of$5,000 or more. If the purchased equipment needs replacement and is
sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion
of the contract, or if the contract is terminated, CONSULTANT may either keep the
equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell
such equipment at the best price obtainable at a public or private sale, in accordance with
established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal
to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall
be determined at CONSULTANT's expense, on the basis of a competent independent
appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually
agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the
equipment, the terms and conditions of such sale must be approved in advance by LOCAL
AGENCY." 49 CFR, Part 18 requires a credit to Federal funds when participating
equipment with a fair market value greater than $5,000 is credited to the project.
D. All subcontracts in excess $25,000 shall contain the above provisions.
ARTICLE XII STATE PREVAILING WAGE RATES
A. CONSULTANT shall comply with the State of California's General Prevailing Wage Rate
requirements in accordance with California Labor Code, Section 1770, and all Federal,
State, and local laws and ordinances applicable to the work.
B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public
works construction or more than $15,000 for the alteration, demolition, repair, or
maintenance of public works, shall contain all of the provisions of this Article.
C. When prevailing wages apply to the services described in the scope of work, transportation
and subsistence costs shall be reimbursed at the minimum rates set by the Department of
Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See
htp://www.dir.ca.gov.
G-6
2. If any funds other than federal appropriated funds have been paid, or will be paid to
any person for influencing or attempting to influence an officer or employee of any
federal agency; a Member of Congress; an officer or employee of Congress, or an
employee of a Member of Congress; in connection with this federal contract, grant,
loan, or cooperative agreement; CONSULTANT shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
C. CONSULTANT also agrees by signing this document that he or she shall require that the
language of this certification be included in all lower-tier subcontracts, which exceed
$100,000 and that all such sub recipients shall certify and disclose accordingly.
ARTICLE XVI STATEMENT OF COMPLIANCE
A. CONSULTANT's signature affixed herein, and dated, shall constitute a certification under
penalty of perjury under the laws of the State of California that CONSULTANT has, unless
exempt, complied with, the nondiscrimination program requirements of Government Code
Section 12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Contract, Consultant and its subconsultants shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age
(over 40), marital status, and denial of family care leave. Consultant and subconsultants
shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Consultant and
subconsultants shall comply with the provisions of the Fair Employment and Housing Act
(Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under
(California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations
of the Fair Employment and Housing Commission implementing Government Code Section
12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations, are incorporated into this Contract by reference and made a part hereof as if
set forth in full. Consultant and its subconsultants shall give written notice of their
obligations under this clause to labor organizations with which they have a collective
bargaining or other Agreement.
C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in
federally-assisted programs of the Department of Transportation —Title 49 Code of Federal
Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides
that the recipients of federal assistance will implement and maintain a policy of
nondiscrimination in which no person in the state of California shall, on the basis of race,
color, national origin, religion, sex, age, disability, be excluded from participation in, denied
the benefits of or subject to discrimination under any program or activity by the recipients of
federal assistance or their assignees and successors in interest.
G-8
ARTICLE XIX CHANGE IN TERMS
A. This contract may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment
is executed and notification to proceed has been provided by LOCAL AGENCY's Contract
Administrator.
C. There shall be no change in CONSULTANT's Project Manager or members of the project
team, as listed in the approved Cost Proposal, which is a part of this contract without prior
written approval by LOCAL AGENCY's Contract Administrator.
ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs".
Consultants who obtain DBE participation on this contract will assist Caltrans in meeting
its federally mandated statewide overall DBE goal.
B. The goal for DBE participation for this contract is 8%. Participation by DBE consultant or
subconsultants shall be in accordance with information contained in the Consultant
Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DBE
Information (Exhibit 10-02) attached hereto and incorporated as part of the Contract. If
a DBE subconsultant is unable to perform, CONSULTANT must make a good faith
effort to replace him/her with another DBE subconsultant, if the goal is not otherwise
met.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to
participate in the performance of contracts financed in whole or in part with federal
funds. CONSULTANT or subconsultant shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. CONSULTANT shall
carry out applicable requirements of 49 CFR, Part 26 in the award and administration of
US DOT-assisted agreements. Failure by CONSULTANT to carry out these
requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as LOCAL AGENCY deems appropriate.
D. Any subcontract entered into as a result of this contract shall contain all of the
provisions of this section.
E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY
and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL
AGENCY consent for the termination, CONSULTANT must meet the procedural
requirements specified in 49 CFR 26.53(f).
F. F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for
execution of the work of the contract and is carrying out its responsibilities by actually
performing, managing, and supervising the work involved. To perform a CUF, the DBE
must also be responsible with respect to materials and supplies used on the contract,
for negotiating price, determining quality and quantity, ordering the material, and
installing (where applicable) and paying for the material itself. To determine whether a
DBE is performing a CUF, evaluate the amount of work subcontracted, industry
practices, whether the amount the firm is to be paid under the, contract is
commensurate with the work it is actually performing, and other relevant factors.
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ARTICLE XXII DISPUTES
A. Any dispute, other than audit, concerning a question of fact arising under this contract that
is not disposed of by agreement shall be decided by a committee consisting of LOCAL
AGENCY's Contract Administrator and City Manager representative, who may consider
written or verbal information submitted by CONSULTANT.
B. Not later than 30 days after completion of all deliverables necessary to complete the plans,
specifications and estimate, CONSULTANT may request review by LOCAL AGENCY
Governing Board of unresolved claims or disputes, other than audit. The request for review
will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse
CONSULTANT from full and timely performance in accordance with the terms of this
contract.
ARTICLE XXIII INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, and the
FHWA if federal participating funds are used in this contract; to review and inspect the project
activities and files at all reasonable times during the performance period of this contract
including review and inspection on a daily basis.
ARTICLE XXIV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding
necessary safety equipment or procedures. CONSULTANT shall comply with safety
instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY
representatives. CONSULTANT personnel shall wear hard hats and safety vests at all
times while working on the construction project site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY
has determined that such areas are within the limits of the project and are open to public
traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11,
12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary
precautions for safe operation of its vehicles and the protection of the traveling public from
injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of
this Article.
ARTICLE XXV INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL
AGENCY a Certificate of Insurance stating that there is general comprehensive liability
insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not
less than one million dollars ($1,000,000) per occurrence.
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F. Any subcontract in excess of$25,000 entered into as a result of this contract, shall contain
all of the provisions of this Article.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR
A. If claims are filed by LOCAL AGENCY's construction contractor relating to work performed
by CONSULTANT's personnel, and additional information or assistance from
CONSULTANT's personnel is required in order to evaluate or defend against such claims;
CONSULTANT agrees to make its personnel available for consultation with LOCAL
AGENCY'S construction contract administration and legal staff and for testimony, if
necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT's personnel that LOCAL AGENCY considers essential to assist in
defending against construction contractor claims will be made available on reasonable
notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same
rates, including travel costs that are being paid for CONSULTANT's personnel services
under this contract.
C. Services of CONSULTANT's personnel in connection with LOCAL AGENCY's construction
contractor claims will be performed pursuant to a written contract amendment, if necessary,
extending the termination date of this contract in order to resolve the construction claims.
D. Any subcontract in excess of$25,000 entered into as a result of this contract, shall contain
all of the provisions of this Article.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL
AGENCY's operations, which are designated confidential by LOCAL AGENCY and made
available to CONSULTANT in order to carry out this contract, shall be protected by
CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL
AGENCY relating to the contract, shall not authorize CONSULTANT to further disclose
such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the
contract or LOCAL AGENCY's actions on the same, except to LOCAL AGENCY's staff,
CONSULTANT's own personnel involved in the performance of this contract, at public
hearings or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY'S
written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of
this Article.
F. All information related to the construction estimate is confidential, and shall not be
disclosed by CONSULTANT to any entity other than LOCAL AGENCY.
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ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this contract
and changes thereto, shall be effected by the mailing thereof by registered or certified mail,
return receipt requested, postage prepaid, and addressed as follows:
CONSULTANT:
Quincy Engineering
Mark L. Reno , Project Manager
11017 Cobblerock Drive, Suite 100
Rancho Cordova, Ca 95670
LOCAL AGENCY:
City of Atascadero
Nicholas D. DeBar , Contract Administrator
6500 Palma Avenue
Atascadero, CA 93422
ARTICLE XXXIII CONTRACT
The two parties to this contract, who are the before named CONSULTANT and the before
named LOCAL AGENCY, hereby agree that this contract constitutes the entire agreement
which is made and concluded in duplicate between the two parties. Both of these parties for
and in consideration of the payments to be made, conditions mentioned, and work to be
performed; each agree to diligently perform in accordance with the terms and conditions of this
contract as evidenced by the signatures below.
ARTICLE XXXIV SIGNATURES
QUINCZEN , ERINGTY OF ATASCADERO
ca:L�
Join S. Quincy Rachelle Rickard
DATE: y
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