HomeMy WebLinkAbout2016-006 Quincy Engineering/Via Ave Bridge iy'.i 66, it
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CITY OF ATASCADERO
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CONTRACT FOR
PROFESSIONAL SERVICES
WITH
QUINCY ENGINEERING
FOR
VIA AVENUE BRIDGE REPLACEMENT PROJECT
CITY PROJECT NO. C20151302 • Phase I Design
Federal Project No. BHLS-5423(030), Bridge No. 49C-0158
City of Atascadero t
Quincy Engineering .• r
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 36, 2621, 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. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Consultant shall comply with the City
Manager's request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Consultant may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Consultant is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Consultant's performance shall not in any manner be subject to any bargaining agreement(s)
or any other agreement(s) the Consultant may have covering and/or with is employees.
C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort
to maintain the stability and continuity of Consultant's staff assigned to perform the services
required under this Contract. Consultant shall notify City of any changes in Consultant's staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Consultant shall be
compensated for non-disputed fees under the terms of this Contract up to the date of termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Consultant, and the City may withhold any
payments due to Consultant until such time as the exact amount of damages, if any, due the
City from Consultant is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
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 /
NON PREFERENTIAL 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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I. 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. Quincy, Presid nt
Approved as to form: City of Atascadero
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By:
Brian Pierik, tity Attorney Rachelle Rickard, Ciit Manager
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CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS
Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor
constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of$25.00 for each worker
employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during
which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours
in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)
Attention is given to the fact that both Federal(Davis-Bacon) and State of California prevailing wage rate
requirements apply to this project. Not less than the greater of the Federal Davis-Bacon wage rates or the
general prevailing wage rate of per diem wages and the Federal prevailing rates for holiday and overtime
must be paid on this project. State of California prevailing wage rates are available online at
www.dir.ca.ciov/d[sr/owd/southarn.htm[.
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 1778 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. Quincy, President
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Phase 1 -Via Avenue 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 800 feet long
by 80 feet wide. It is anticipated that the total topo coverage is less than 1.4 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 eight locations, three
upstream of the proposed alignment and five downstream as defined by WRECO.
Deliverables:
Electronic topographic map, DTM surface, control points, and surveys tied to existing
monuments of record
• 8 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.
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Deliverables:
• Draft Floodplain Evaluation Report (PDF)
• Final Floodplain Evaluation Report (PDF)
• Draft Bridge Design Hydraulic Study Report (PDF)
• Final Bridge Design Hydraulic Study Report (PDF)
• Draft Storm Water Control Plan (PDF)
• Final Storm Water Control Plan (PDF)
Task 1.3 -Geotechnical Studies (Yeh & Associates)
Yeh will perform field exploration, laboratory testing, and geotechnical analyses as a basis for
preparation of a Preliminary Foundation Report, Geotechnical Report and the Log of Test
Borings sheet for the design of this project.
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 4
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 75 feet
below the road surface. One boring will be drilled near each of the project termini to a depth of
approximately 5 feet for pavement design. 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 thaiweg of
Atascadero 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).
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Type Selection Report-Based on the topographic site information, preliminary foundation
report, draft hydraulics report and the preliminary environmental findings, the Team will
recommend one (1) preferred alignment and one (1) bridge type. Upon City approval of the
recommend alternative, and establishment of design criteria such as design speed and typical
section, the Consultant will prepare a Type Selection Report. Establishing an approved Type
Selection Report also facilitates a solid project description necessary for environmental
studies. The approved report will become the basis for the project's final design. The Type
selection report will include:
• General Plan of preferred bridge type (single span configuration)
• 30% Roadway approval drawings that include plan, profile, and typical section
• Design Criteria Memorandum
• An "Engineer's Opinion of Probable Construction Cost'
• The Consultant's basis for recommendation of the preferred alternative
• Design Considerations to be incorporated during final design
• Documentation of recommendations made by Consultant
• Documentations of decisions made by the City and Project Team
• Design Hydraulic Study
• Preliminary Geotechnical Report
• Updated project schedule
Deliverables:
• Proposed bridge Design Survey Limits, and Environmental Limits Map
• Design and 30% Plans
• Draft Type Selection Report (pdf copy)
• Final Type Selection Report (pdf copy)
Task 2: Environmental Review, Coordination, Design and Permitting
SWCA has provided a preliminary scope of work for the various technical studies anticipated to
be required. The following list of studies is required by the PES form.
Noise Study
The Via Avenue Bridge is not considered a Type 1 project by the FHWA and would not require
a detailed noise analysis. Predicted construction noise levels will be compared to City
thresholds to identify potential impacts and develop feasible noise reduction mitigation
measures. The noise study will include: 1) a preliminary 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.
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require additional field surveys and the Programmatic Biological Opinion for Projects Funded
or Approved underthe Federal Highway Administration's Federal Aid Program would be
utilized for concurrence with the LISFWS. LBVI has been documented within the Salinas River
riparian zone. Although there is connectivity between Atascadero Creek and the Salinas River,
SWCA anticipates that no habitat assessments or protocol field surveys will be required for this
species as the project site does not include suitable habitat for this species. Although unlikely,
should the USFWS disagree and require additional studies, SWCA may require a contract
amendment.
Wetland Delineation and Assessment (Jurisdictional Waters Determination)
SWCA will prepare a formal wetland delineation of the project site. The soil, vegetative, and
hydrological characteristics of all identified wetland areas will be examined and categorized
according to the 1987 USA CE Wetland Delineation Manual.Arid West Region and the Final
Regional Supplement to the Manual (2008). Identified jurisdictional boundaries and biological
habitats will be mapped with Trimble® GPS 7X, capable of determining positional accuracy to
t 0.5 meter and the resulting acreages quantified using ArcGIS or AutoCAD. The jurisdictional
waters determination will be conducted to satisfy USACE three-parameter wetland
requirements, RWQCB state wetlands/waters, and delineation of CDFW jurisdictional limits.
SWCA will incorporate the latest AutoCAD topographic and project plans as a base map for
the report. The jurisdictional wetlands/other waters maps will be overlaid on these plans and
may be used for planning and permitting purposes. The Jurisdictional Waters Determination
will be included with the NES as an appendix, but will also function as a "stand-alone"
document suitable for submittal to regulatory agencies during the permit application process.
Visual Impact Assessment
SWCA would utilize the Caltrans Visual Impact Assessment Guide (VIA Guide) to determine
the level and type of visual impact assessment that would be required for the project. Itemized
responses to the checklist set forth in the VIA Guide would be provided, including project-
specific details supporting each response. After completion of the VIA checklist, the final
project score will be compared to established thresholds to determine whether additional visual
analysis, scoping, photo simulations, public review, or impact and mitigation discussion would
be necessary. Included in this scope of work are a field analysis including photographic
documentation of existing conditions, completion of the VIA checklist including itemized
responses to each question, consultation with the City and Caltrans regarding the need for any
additional visual assessment (if any), and preparation of a brief Visual Assessment in memo
form, setting forth the basis for the level of visual analysis performed and the determination of
impacts. Should review of the project indicate that a more fully developed visual impact
assessment is required, SWCA could complete the analysis using Caltrans accepted
methodology once a project description and design have been completed.
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Historic Property Survey Report
Upon completion of the ASR and HRER, SWCA will prepare a short-format Caltrans HPSR
according to Caltrans current guidance as specified in the SER. The HPSR is the overarching
document that summarizes the results of the cultural resources investigation; it will include a
project description, a description of the APE, details of coordination with Native American
groups/individuals as well as and local government and historic groups, a summary of
identification efforts, information regarding any properties identified within the APE, a list of
attached documentation, and the findings of the study. SWCA assumes that only one revision
to the HPSR will be required. If the project APE is found to contain historic properties, as
described under Section 106 of the NHPA, additional cultural studies would become
necessary, SWCA can prepare the analysis and consultation with the State Historic
Preservation Officer (SHPO) and interested parties under a separate contract and budget.
CEQA Documentation
SWCA will prepare the Initial Study/Mitigated Negative Declaration using the City's preferred
format. This task also includes publishing of the environmental documents, appropriate
noticing, document revisions after public review, preparation of the final MND, and attendance
at any public hearings for approval of the MND. SWCA assumes an EIR will not be required.
NEPA Categorical Exclusion .
Caltrans, acting as FHWA, typically uses the information within the technical reports prepared
for the project to prepare the NEPA CE. No budget or scope has been provided for this task.
Conceptual Habitat Mitigation and Monitoring Plan (Phase 2 Work)
SWCA will prepare the CHMMP and submit it to the agencies for approval with the permit
request packages. Once the CHMMP is approved by the state and federal agencies during the
permitting phase, SWCA will revise (if necessary) and produce a final HMMP for the Plans,
Specifications, and Estimates (PS&E) phase of the project. Per the City's RFP, the CHMMP
will also include mitigation for any tree removals that may occur. It is assumed that the
CHMMP will allow for on-site mitigation in or near the project site without the need for
significant additional field work. if a CHMMP must be prepared for an off-site location, addition
field work, mapping, and data collection may be required, and this must be prepared under an
amended scope of work.
Environmental Permits (Phase 2 Work)
SWCA will prepare permit packages for USACE, CDFW and RWQCB that would include
completed permit applications, project location maps, site photo, construction plans, and
background reports. SWCA will prepare signature-ready application packages following
completion of the technical studies. It is assumed.that the City will facilitate the submittal of the
packages after environmental clearance to the agencies and be responsible for the
negotiations with the agency staff. SWCA would only provide support during this time.
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EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 297,455,82
WITHOUT PRIOR WRITTEN AUTHORIZATION
City shall pay Consultant on an actual cost plus fixed-fee basis, in accordance with section 4 of
this agreement. Payment amount shall be equal to the cumulative hours charged to the project
by each class of the Consultant's employees times the employee hourly rate and overhead
(fringe benefits & indirect costs) at the rate shown on sheet B-2, plus a fixed fee of $9,454.88,
for all services performed on the project, plus reimbursable expenses and subconsultant
charges. The total compensation for all services and reimbursable (direct cost) expenses shall
not exceed the amount listed above.
Any additional services authorized by the City of Atascadero, not included in the scope of
services as defined by this contract, must be approved in the form of a City of.Atascadero
Change Order prior to performing additional work. All additional work authorized by a City
of Atascadero change order will be compensated at the same unit cost basis indicated herein
unless other terms are acceptable to City.
Payment will be made within 30 days after receipt and approval of invoice.
Payments to the Consultant in excess of the contract amount listed above will not be made
unless written authorization is executed prior to the date of the additional requested work. Any
charges incurred outside of these contract terms will not be authorized for payment.
Consultant
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John S. Quincy, President
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SWC`
9"MMI.M.imnw.7.11 County of San Luis Obispo
-dSa r .Wmi_- Via Avenue Bridge Replacement
SWCA, Incorporated
CONTRACT No. COSTPROPOSAL
April 7,2016
DIRECT LABOR
Claxtan.Jon Project Manager 146 $ 41.34 S 6,035,64
Ruggerone,Gary NEPA Speclallst 22 $ 41.34 $ 909.48
McCrary.Jacqueline Environmental Planner B4 $ 36.00 $ 3,024.110
Creel,Emily Envlmnmantal Planner 20 S 34.00 $ 690.00
Bdt,Travis Senior Biologist 162 S 38.50 S 6,237.00
Holland,Batrett Biologist 36 S 27.60 $ 1,000.80
Laurie,Leroy Arrhaeologlst 54 $ 33.00 S 1,792.00
Gibson,Heather Pnnclpd investigator 9 S 45.87 S 412.83
Traffers,Steyen ArchbecturalHlstorlan 75 S 35.10 S 2;632.22
Hewen,Kevin Graphics Speclallst 106 S 27.00 S 2,052.00
Jones,Jalmle TeChnlcalEdilor 51 S 27.80 S 1,417.00
Total Hours 765
Subtotal Direct Labor Costs $ 26,99337
0% Anticipated Salary Increases $ -
TOTAL-Directlabor 5 26,993.77
INDIRECT COSTS
1111111 m Rate
Overhead 173.27% S 46,77211
Fringe Beneftonc$uded In OH) 49.04%
General BAdmlnistrabve(Included In OH) MotAVallable
TOTAL-lndlrectCosts $ 46,772.11
FEE (10.00%j TOTAL-Fee $ 7,37659
LaborTotal $ 91,142.47
OTHER DIRECT COSTS
Car Rental per day Q $7500 $
Lod In ernl4tt @ $150.00 $Mileage federal rate 560 (')a $0.54 $ 302.40
Per Olem perMy $4600 $ -
Reeords Search lump sum 1 $900.00 $ 900.00
Photocopies B&W Perpaae 2900 $0.10 S 290.00_
Photocopies Color perpsoe 370 AD $1.00 $ 370.00
Overnight Service perpaclaoe 5 (aa $20.00 $ 100.00
Graphic Presentation Boards perpresentation r 3100.00 $ -
Paula Carr,Architectural HlstWal S 1,000.00
Haro Ernironmental $ 2,500.00
Subtotal Direct Costs $ 5,462.40
Doe Mu(go% 0.00
BA62.40
TOTAL COST $ 86,604.67
B-5
Yeh and Associates, Inc. COSTPROPOSAL
Cansulting Engineers S Scientists'
Type:Lump Sum(firm fixed price)
Consultant:Yoh and Associates,Inc. Contract No. 216-061 Date: 2192016
DIRECT LABOR:
Classificatlonhitle Name Hours Actual Hourly Rate Total
Principal Jon Blanchard 23 $ 60.00 1,360
Sr,Project Manager Mike Finegan 35 $ 59.00 $ 2,065
Sr.Project Engineer Judd rdng 100 $ 44.00 $ 4,400
Staff Geologist/Sclentist Simon Boone 74 $ 28.50 $ 2,109
Jr-Engineer Jamie Cravens 26 $ 15.50 $ 403
LABOR COSTS
a)Subtotal Drect Labor Costs $ 10,357.00
b)Anticipated Salary Increases $ 248.50
c)TOTAL DIRECT LABOR COSTS[(a)+(b)) $ 10,606.50
FINGE BENEFITS
d)Fringe Benefits (Rate: %) e)TOTAL FRINGE BENEFITS
[(c)x(d)] $
INDIRECT COSTS
f)Overhead (Rats: 139.78 %) g)Overhead[(c)x(f)] $ 14 825.77
h)General and Administrative (Rate: 0 %) 7 Gen 8 Admin[(c)x(h)I $ -
J)TOTAL INDIRECT COSTS[(e)+(9)+(1)] $ 14.825-77
FEE(Profit)
q) (Rate: 10 %) It)TOTAL FIXED PROFIT[(c)+0))x(q)) $ 2,543.23
OTHER DIRECT COSTS(ODC)
Description Unit(s) Unit Cost Total
>)Meals and incidental expenses 0 $ 64.00 $ -
m)Lodging per dem(cgs rate) 0 $ 133.00 $ -
n)Vehicle(per day) 3 $ 80.00 $ 240.00
o)Geotechnical sampling Idt(per day) 2 $ 50.00 $ 100.00
P)3"CD California brass liners and tube(each) 15 $ 5.00 $ 75.00
0 Laboratory tests(per 2016 standard rates) $ 5,985.00
s)Subcontractors(2 days drilling,mob,incidentals) $ 15,932.00
Q Traffic Control(per day) 2 $ 1,600.00 $ 3,200.00
u)Drum dsposal 8 $ 150.00 $ 1,200.00
v)Chemical testing of drums 1 $ 500.00 $ 500.00
p)TOTAL OTHER DIRECT COSTS[sump-v)) $ 27,232.00
TOTAL CO ST[(c)+91+(k)+(p)] S 65,207.49
B-7
9:ann iDH
Sl1BCO70ATAHTC.0517PROPOSAL
COST P RO POSAL
COURA4TNa. Via A-znnueBrida"eRepl;z¢ment ectplaxl D2te 7-Apr-If
CONSLETArTf WRECO
DIRECT MOR Call
Hooray
{la�iimtmo Nmr Range Hous Rate Totes
Pnndp-.l In-m--r H2rr8in lint $85.83-97.54 UD Q $ 9160 $ 7M.=
5uper,Jir.r Er�.ireer Chi--Sewell $67.14-65.83 7.0 @ $ 5730 $ 134.60
SeniorEnemmr TED $41-66-67.24 30-1 @ $ 44.60 $ i,4SB.00
A—n+=rEaan.nr TED SM-11-45.31 MA @ $ 43.61 $ 7-79295
ShrcEn�ime-1 TBD SZ3AI-35.?1 58A @ 5 3'3.72 $ X9075
SeniorTc&..niour TBD —tn32-35.11 20 @ $ 2056 $ 5712
ClerioUTeorEditor TBD 52417-4292 4.0 @ $ Z417 $ 9686
SubtotnrDareet[abu[Co $ 775056
Slate Total
FseLztanfnrlvlrv�'ie�rPrajcG 3-DT4 $ 217_75
Toted DirertleborCntt; $ 7AMM
FRINGFBENEFM Rete Total
Frir.oeBene�t 717ZU $ 5.36LBI
ToprTFrbrpeISerteirts $ 5,3fi2.D1
USDIRELTCDSTS
bTrFr-=dXener--landAdrrnnL-hvtive 6S.i2.S $ 4.79311
Total hurn-rtCmts $ 4793.8i
1.783.21
t33HE$CO57S
Travel&Per Wein $ 300.13D
VfKm Mr-2,Reprodoxtiorss 5 30D.DD
Total Other Cm= ? 8D000
SUBUIFLWEIANTS
$
5
Total Other Crrs S
TOTAJ a IM $ 24„19536
B-9
EXHIBIT C
Items Provided by City
City shall perform appraisals and acquisitions and will provide right-of-way information,
deeds and title reports.
C-9
EXHIBIT E
Insurance Requirements
The Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Consultant, its agents,representatives, employees, or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence, on a claims made basis.
Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City,its officers,officials,employees and volunteers;
or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional
insureds as respects: liability arising out of activities performed by or on behalf of the Consultant;
products and completed operations of the Consultant; premises owned, occupied or used by the
Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
E-1
EXHIBIT F
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
1. TERMS AS USED IN THIS DOCUMENT
A_ The term "Disadvantaged Business Enterprise" or"DBE" means a for-profit small
business concern owned and controlled by a socially and economically
disadvantaged person(s) as defined in Title 49, Code of Federal Regulations
(CFR), Part 26.5.
B. The term "Agreement" also means "Contract."
C. Agency also means the local entity entering into this contract with the Contractor
or Consultant.
D. The term "Small Business" or "SB" is as defined in 49 CFR 26.65.
1. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the
performance of Contracts financed in whole or in part with federal funds (See 49
CFR 26, "Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs"). The Consultant must ensure that
DBEs and other small businesses have the opportunity to participate in the
performance of the work that is the subject of this solicitation and should take all
necessary and reasonable steps for this assurance. The proposer must not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned
and controlled by DBEs.
2. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE
Commitment must be included in the Request for Proposal. In order for a proposer to be
considered responsible and responsive, the proposer must make good faith efforts to meet
the goal established for the contract. If the goal is not met, the proposer must document
adequate good faith efforts. All DBE participation will be counted towards the contract goal;
therefore, all DBE participation shall be collected and reported.
Exhibit 10-02 Consultant Contract DBE Information must be included with the Request for
Proposal. Even if no DBE participation will be reported, the successful proposer must
execute and return the form.
F-1
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE
FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of
the cost of the materials or supplies. A DBE manufacturer is a firm that operates or
maintains a factory, or establishment that produces on the premises the materials,
supplies, articles, or equipment required under the Contract and of the general
character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of
the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates
or maintains a store, warehouse, or other establishment in which the materials,
supplies, articles or equipment of the general character described by the specifications
and required under the Contract are bought, kept in stock, and regularly sold or leased
to the public in the usual course of business. To be a DBE regular dealer, the firm must
be an established, regular business that engages, as its principal business and under its
own name, in the purchase and sale or [ease of the products in question. A person may
be a DBE regular dealer in such bulk items as petroleum products, steel, cement,
gravel, stone or asphalt without owning, operating or maintaining a place of business
provided in this section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers' own distribution equipment shall be, by a long-term
[ease agreement and not an ad hoc or Agreement-by--Agreement basis. Packagers,
brokers, manufacturers' representatives, or other persons who arrange or expedite
transactions are not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a
regular dealer, will be limited to the entire amount of fees or commissions charged for
assistance in the procurement of the materials and supplies, or fees or transportation
charges for the delivery of materials or supplies required on the job site, provided the
fees are reasonable and not excessive as compared with fees charged for similar
service
F-3
EXHIBIT G
Federal Requirements
ARTICLE 1 INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT
and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the "CONSULTANT" is as follows:
QUINCY ENGINEERING
Incorporated in the State of California
The Project Manager for the "CONSULTANT" will be MARK L. RENO
The name of the "LOCAL AGENCY" is as follows:
CITY OF ATASCADERO
The Contract Administrator for LOCAL AGENCY will be NICHOLAS D. DEBAR
B. The work to be performed under this contract is described in Article 11 entitled Statement of
Work and the approved CONSULTANT's Cost Proposal dated 2/25116. The approved
CONSULTANT's Cost Proposal is attached hereto (EXHIBIT B) and incorporated by
reference. If there is any conflict between the approved Cost Proposal and this contract,
this contract shall take precedence.
C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers,
agents, and employees from any and all claims, demands, costs, or liability arising from or
connected with the services provided hereunder due to negligent acts, errors, or omissions
of CONSULTANT. CONSULTANT will reimburse LOCAL AGENCY for any expenditure,
including reasonable attorney fees, incurred by LOCAL AGENCY in defending against
claims ultimately determined to be due to negligent acts, errors, or omissions of
CONSULTANT.
D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of
this contract, shall act in an independent capacity and not as officers or employees or
agents of LOCAL AGENCY.
E. Without the written consent of LOCAL AGENCY, this contract is not assignable by
CONSULTANT either in whole or in part.
F. No alteration or variation of the terms of this contract shall be valid, unless made in writing
and signed by the parties hereto; and no oral understanding or agreement not incorporated
herein, shall be binding on any of the parties hereto.
G, The consideration to be paid to CONSULTANT as provided herein, shall be in
compensation for all of CONSULTANT's expenses incurred in the performance hereof,
including travel and per diem, unless otherwise expressly so provided.
G-1
C. Reimbursement for transportation and subsistence costs shall not exceed the rates
specified in the approved Cost Proposal.
D. When milestone cost estimates are included in the approved Cost Proposal,
CONSULTANT shall obtain prior written approval for a revised milestone cost estimate
from the Contract Administrator before exceeding such cost estimate.
E. Progress payments will be made monthly in arrears based on services provided and
allowable incurred costs. A pro rata portion of CONSULTANT's fixed fee will be included in
the monthly progress payments. If CONSULTANT fails to submit the required deliverable
items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall
have the right to delay payment or terminate this Contract in accordance with the provisions
of Article VI Termination.
F. No payment will be made prior to approval of any work, nor for any work performed prior to
approval of this contract.
G. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon
receipt by LOCAL AGENCY's Contract Administrator of itemized invoices in triplicate.
Invoices shall be submitted no later than 45 calendar days after the performance of work
for which CONSULTANT is billing. Invoices shall detail the work performed on each
milestone and each project as applicable. Invoices shall follow the format stipulated for the
approved Cost Proposal and shall reference this contract number and project title. Final
invoice must contain the final cost and all credits due LOCAL AGENCY including any
equipment purchased under the provisions of Article XI Equipment Purchase of this
contract. The final invoice should be submitted within 60 calendar days after completion of
CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract
Administrator at the following address:
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed
$297,455.82.
I. Salary increases will be reimbursable if the new salary is within the salary range identified
in the approved Cost Proposal and is approved by LOCAL AGENCY's Contract
Administrator.
For personnel subject to prevailing wage rates as described in the California Labor Code,
all salary increases, which are the direct result of changes in the prevailing wage rates are
reimbursable.
J. All subcontracts in excess of $25,000 shall contain the above provisions.
ARTICLE VI TERMINATION
LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar
days written notice to CONSULTANT with the reasons for termination stated in the
notice.
G-3
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this
contract that is not disposed of by agreement, shall be reviewed by LOCAL AGENCY'S
Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a
review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The
request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse
CONSULTANT from full and timely performance, in accordance with the terms of this
contract.
D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject
to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an
ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the
contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to
verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the
instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to
ensure federal, state, or local government officials are allowed full access to the CPA's
work papers including making copies as necessary. The contract, cost proposal, and ICR
shall be adjusted by CONSULTANT and approved by LOCAL AGENCY contract manager
to conform to the audit or review recommendations. CONSULTANT agrees that individual
terms of costs identified in the audit report shall be incorporated into the contract by this
reference if directed by LOCAL AGENCY at its sale discretion. Refusal by CONSULTANT
to incorporate audit or review recommendations, or to ensure that the federal, state or local
governments have access to CPA work papers, will be considered a breach of contract
terms and cause for termination of the contract and disallowance of prior reimbursed costs.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this contract or otherwise, shall create any contractual relation
between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve
CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to
be as fully responsible to LOCAL AGENCY for the acts and omissions of its
subconsultant(s) and of persons either directly or indirectly employed by any of them as it is
for the acts and omissions of persons directly employed by CONSULTANT.
CONSULTANT's obligation to pay its subconsultant(s) is an independent obligation from
LOCAL AGENCY'S obligation to make payments to the CONSULTANT.
B. CONSULTANT shall perform the work contemplated with resources available within its own
organization and no portion of the work pertinent to this contract shall be subcontracted
without written authorization by LOCAL AGENCY's Contract Administrator, except that,
which is expressly identified in the approved Cost Proposal.
C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of
each payment made to CONSULTANT by LOCAL AGENCY.
G-5
ARTICLE XIII CONFLICT OF INTEREST
A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL
AGENCY that may have an impact upon the outcome of this contract, or any ensuing
LOCAL AGENCY construction project. CONSULTANT shall also list current clients who
may have a financial interest in the outcome of this contract, or any ensuing LOCAL
AGENCY construction project, which will follow.
B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial
or business interest that would conflict with the performance of services under this contract.
C. Any subcontract in excess of$25,000 entered into as a result of this contract, shall contain
all of the provisions of this Article.
D. CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with
CONSULTANT will bid on any construction contract, or on any contract to provide
construction inspection for any construction project resulting from this contract. An
affiliated firm is one, which is subject to the control of the same persons through joint-
ownership, or otherwise.
E. Except for subconsultants whose services are limited to providing surveying or materials
testing information, no subconsultant who has provided design services in connection with
this contract shall be eligible to bid on any construction contract, or on any contract to
provide construction inspection for any construction project resulting from this contract.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
CONSULTANT warrants that this contract was not obtained or secured through rebates
kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY
employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its
discretion; to terminate the contract without liability; to pay only for the value of the work
actually performed; or to deduct from the contract price; or otherwise recover the full amount of
such rebate, kickback or other unlawful consideration.
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL
FUNDS FOR LOBBYING
A. CONSULTANT certifies to the best of his or her knowledge and belief that:
1. No state, federal or local agency appropriated funds have been paid, or will be paid by-
or-on behalf of CONSULTANT to any person for influencing or attempting to influence
an officer or employee of any state or federal agency; a Member of the State Legislature
or United States Congress; an officer or employee of the Legislature or Congress; or
any employee of a Member of the Legislature or Congress, in connection with the
awarding of any state or federal contract; the making of any state or federal grant; the
making of any state or federal loan; the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any state or federal
contract, grant, loan, or cooperative agreement.
G-7
D. The Consultant, with regard to the work performed by it during the Agreement shall act in
accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of
race, color, national origin, religion, sex, age, or disability in the selection and retention of
Subconsultants, including procurement of materials and leases of equipment. The
Consultant shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the U.S. DOT's Regulations, including employment practices when the
Agreement covers a program whose goal is employment.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT's signature affixed herein, shall constitute a certification under penalty of
perjury under the laws of the State of California, that CONSULTANT has complied with
Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and
Suspension (nonprocurement)", which certifies that he/she or any person associated
therewith in the capacity of owner, partner, director, officer, or manager, is not currently
under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
federal agency; has not been suspended, debarred, voluntarily excluded, or determined
ineligible by any federal agency within the past three (3) years; does not have a proposed
debarment pending; and has not been indicted, convicted, or had a civil judgment rendered
against it by a court of competent jurisdiction in any matter involving fraud or official
misconduct within the past three (3) years. Any exceptions to this certification must be
disclosed to LOCAL AGENCY.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be
considered in determining CONSULTANT responsibility. Disclosures must indicate to
whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the
General Services Administration are to be determined by the Federal highway
Administration.
ARTICLE XVIII FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this contract may have been written
before ascertaining the availability of funds or appropriation of funds, for the mutual benefit
of both parties, in order to avoid program and fiscal delays that would occur if the contract
were executed after that determination was made.
B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL
AGENCY for the purpose of this contract. In addition, this contract is subject to any
additional restrictions, limitations, conditions, or any statute enacted by the Congress, State
Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or
funding of this contract in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be
amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause
pursuant to Article Vl, or by mutual agreement to amend the contract to reflect any
reduction of funds.
G-9
G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a
transaction, contract, or project through which funds are passed in order to obtain the
appearance of DBE participation. In determining whether a DBE is such an extra
participant, examine similar transactions, particularly those in which DBEs do not
participate.
H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of
the total cost of its contract with its own work force, or the DBE subcontracts a greater
portion of the work of the contract than would be expected on the basis of normal
industry practice for the type of work involved, it will be presumed that it is not
performing a CUF.
I. CONSULTANT shall maintain records of materials purchased or supplied from all
subcontracts entered into with certified DBEs. The records shall show the name and
business address of each DBE or vendor and the total dollar amount actually paid each
DBE or vendor, regardless of tier. The records shall show the date of payment and the
total dollar figure paid to all firms. DBE prime consultants shall also show the date of
work performed by their own forces along with the corresponding dollar value of the
work.
J. Upon completion of the Contract, a summary of these records shall be prepared and
submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business
Enterprise (DBE), First-Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the LAPM],
certified correct by CONSULTANT or CONSULTANT's authorized representative and
shall be furnished to the Contract Administrator with the final invoice. Failure to provide
the summary of DBE payments with the final invoice will result in twenty-five percent
(25%) of the dollar value of the invoice being withheld from payment until the form is
submitted. The amount will be returned to CONSULTANT when a satisfactory "Final
Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier
Subconsultants" is submitted to the Contract Administrator.
K. If a DBE subconsultant is decertified during the life of the contract, the decertified
subconsultant shall notify CONSULTANT in writing with the date of decertification. If a
subconsultant becomes a certified DBE during the life of the Contract, the subconsultant
shall notify CONSULTANT in writing with the date of certification. Any changes should
be reported to LOCAL AGENCY's Contract Administrator within 30 days.
ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this contract that no person or selling agency has
been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees, or bona fide established commercial or selling agencies maintained by
CONSULTANT for the purpose of securing business. For breach or violation of this warranty,
LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of
the work actually performed, or in its discretion to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
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B. The Certificate of Insurance will provide:
1. That the insurer will not cancel the insured's coverage without 30 days prior written
notice to LOCAL AGENCY.
2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as
additional insureds, but only insofar as the operations under this contract are
concerned.
3. That LOCAL AGENCY will not be responsible for any premiums or assessments on
the policy.
C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be
in effect at all times during the term of this contract. In the event said insurance coverage
expires at any time or times during the term of this contract, CONSULTANT ag rees to
provide at least thirty (30) days prior notice to said expiration date; and a new Certificate of
Insurance evidencing insurance coverage as provided for herein, for not less than either
the remainder of the term of the contract, or for a period of not less than one (1) year. New
Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event
CONSULTANT fails to keep in effect at all times insurance coverage as herein provided,
LOCAL AGENCY may, in addition to any other remedies it may have, terminate this
contract upon occurrence of such event.
ARTICLE XXVI OWNERSHIP OF DATA
A. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produce as part of this contract will
automatically be vested in LOCAL AGENCY; and no further agreement will be necessary to
transfer ownership to LOCAL AGENCY. CONSULTANT shall furnish LOCAL AGENCY all
necessary copies of data needed to complete the review and approval process.
B. It is understood and agreed that all calculations, drawings and specifications, whether in
hard copy or machine-readable form, are intended for one-time use in the construction of
the project for which this contract has been entered into.
C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with
the modification, or misuse by LOCAL AGENCY of the machine-readable information and
data provided by CONSULTANT under this contract; further, CONSULTANT is not liable for
claims, liabilities, or losses arising out of, or connected with any use by LOCAL AGENCY of
the project documentation on other projects for additions to this project, or for the
completion of this project by others, except only such use as many be authorized in writing
by CONSULTANT.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the
contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government
Contracts for federal-aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If
copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty-
free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to
authorize others to use, the work for government purposes.
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ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 19296, CONSULTANT hereby states under
penalty of perjury that no more than one final unappealable finding of contempt of court by a
federal court has been issued against CONSULTANT within the immediately preceding two-
year period, because of CONSULTANT's failure to comply with an order of a federal court that
orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation
will be sent to CONSULTANT for comments. The evaluation together with the comments shall
be retained as part of the contract record.
ARTICLE XXXI RETENTION OF FUNDS
A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of
this section.
B. No retainage will be withheld by the Agency from progress payments due the prime
consultant. Retainage by the prime consultant or subconsultants is prohibited, and no
retainage will be held by the prime consultant from progress due subconsultants. Any
violation of this provision shall subject the violating prime consultant or subconsultants to
the penalties, sanctions, and other remedies specified in Section 7198.5 of the California
Business and Professions Code. This requirement shall not be construed to limit or impair
any contractual, administrative, or judicial remedies, otherwise available to the prime
consultant or subconsultant in the event of a dispute involving late payment or nonpayment
by the prime consultant or deficient subconsultant performance, or noncompliance by a
subconsultant. This provision applies to both DBE and non-DBE prime consultants and
subconsultants.
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