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HomeMy WebLinkAbout2016-007 Quincy Engineering/Santa Lucia Rd Bridge CITY OF ATASCADERO B,unn w 19IS fl ' l 7fl 8 \` C" 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 i 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. 2 1 City of Atascaderot Quincy Engineeringv Roo 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. 4 City of Atascadero Quincy Engineering � � ` 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. 6 City of Atascadero { 'ti Quincy Engineering 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. 8 City of Atascadero _ l I ML Quincy Engineering '„ 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 fJ� By. e2 t 2 cj Brian Pierik, City Attorney Rachelle Rickard, City Manager 10 City of Atascadero • -- __ ,t • . 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 l John S. uincy, President 12 City of Atascadero A Quincy EngineeringCA"D� ` 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. A-2 City of Atascadero Quincy Engineering ` �' 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. A-4 City of Atascadero 'tf Quincy Engineering 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 A-6 City of Atascadero Quincy Engineering '- �:� �' .21 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. A-8 City of Atascadero - � Quincy Engineering 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 A-10 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 r �. ZV .i1P�lj` .10{• _s uNel :S ^t .. k :uiuGw. 17 4 - ':Gffl:enl/AK: •5 e� - G u is - � r{ r rk r, �A Jv k: a �nU`jll 4 ,m.-�.,,n� r,„-, '-.r..a...�. .+-n.r,.,- .-.,-.:,..,,r-�.:"�,.•n�m:�c�arvm..•...-ar-ma.._... .—x..nr r.mo:.: .:.,..,.-,n.�-....a,-r.� 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 1><,rrkev Ma-t Rr•nn PF BP.LQ-5473 029) -Bridge No.49C-0158 13 hrsnr{�rJsrrrlRln:] Proierl Manape- 19.Prnpn�vd rsrr:ra i l.rrU*Jnrr Id, lkrpsrti r TElr 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, ter 2S 1 .Rld ,rrrran: flarrrlP incl 711-Wit- 42L 7It=21AQtntyttprr-rrret:1, sigrul 21Plcnr bl a!�-mt-- 1a.feral Agencydrpre n=tvrrIht Dt51fllOU11L'tl L'ruitral-1rc4yrJ r,"tit rm,dLct',A;ryT`.sita�:al pgrn-ry- ADAtladecFtrm-.:i:u.:n2-i -y::y�funp ei.v:Yluir s,i;wr..rr r:yen,:.::>e•.:�r.:rtmrr.,tl i�;�J rTrt t'�1Ta 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. G--10 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. G-12 r 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. G-14 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 G-16