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HomeMy WebLinkAboutAGMT - Stantec Consulting Services, Inc. (Professional Engineering Services Project No. ATPSB1L-5229(017)AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT for Local Assistance Federal Aid Project Project No. ATPSB1 L-5229(017) LAMPSON AVENUE BIKE LANE GAP CLOSURE DESIGN between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 E:tl l Stantec Consulting Services, Inc. 38 Technology Drive Irvine, CA 92618 (949) 923-6000 This Amendment No. 1, dated March 28, 2022, amends that certain agreement ("Agreement") dated April 27, 2020, by and between the City of Seal Beach ("City"), a California charter city, and Stantec Consulting Services, Inc. ("Consultant"), a New York corporation. 1 RECITALS A. City and Consultant are parties to the Agreement pursuant to which Consultant provides professional design engineering services to City for the Lampson Avenue Bike Lane Gap Closure design, a local assistance federal aid project (Project No. ATPSB1 L-5229(017) ('Project"). B. City and Consultant wish to amend the Agreement, by this Amendment No. 1, for Consultant to provide additional utility coordination and right of -way certification services and to increase Consultant's compensation for such additional services including an increase of $18,500.00 for contract Task 202.3, Utility Coordination per Caltrans Local Assistance Manual Chapter 13 and 14, right of way certification and utility relocation and an increase from $5,045.00 to $23,545.00 for Task 202.3, for a revised total contract not -to -exceed amount of 163,426.00, and to extend the term of the Agreement to and including December 30, 2023, as provided herein. AMENDMENT NO. 1 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section A of Article II (Statement of Work) of this Agreement is hereby amended in its entirety to read as follows: "A. CONSULTANT shall provide the work and other services (collectively "Scope of Services") set forth in the Request for Proposal ("RFP") attached hereto as Exhibit A, CONSULTANT's Proposal, Exhibit B, and CONSULTANT's Additional Services, Exhibit B-1, incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, Exhibit B-1 and this Agreement, this Agreement shall control." Section 2. Section (A) of Article IV (Performance Period) of this Agreement is hereby amended in its entirety to read as follows: "A. This Agreement shall go into effect on April 27, 2020, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by the CITY Contract Administrator. The Agreement shall end on December 30, 2023, unless extended by amendment to this Agreement." Section 3. Section (C) of Article V (Allowable Costs and Payments) of this Agreement is hereby amended in its entirety to read as follows: "C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $163,426.00. The fixed fee is nonadjustable for the term of the 2 Agreement except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment." Section 4. All references to the term "Agreement" throughout Articles I through XXXV, inclusive, of the Agreement are hereby modified to include the Agreement dated April 27, 2020, and this Amendment No. 1 dated March 28, 2022, as if all those terms are fully set forth therein. Section 5. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. Section 6. The persons executing this Amendment No. 1 on behalf of Consultant each warrant that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: CITY OF SEAL BE H CONSULTANT: Stantec Consulting Services, Inc., a New York corporation Il [DfgltaGy slgnad 6y DougIa, J. Johnson ON: C=US, E=doog.johnson aQslanlec.cwn, Douglas J. Johnson -D=4- J. Johnson By. By: L`DaN.D.: 2072.03.04 07:42:30-08'00 Jill R. Ingram, City Ma " V \4lf0 4 same: Douglas J. Johnson Attest: * 9 : Vice President Approved asto For By:. raig A. Steele, City Attorney 3 rU 'i z Seat ` Name: Jeffrey P. Stone Its: Assistant Secretary (Please note, two signatures required for corporations under Corp. Code §393, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) �t EXHIBIT B-1 FOR AMENDMENT NO. 1 — CONSULTANT's Additional Services 0 March 2, 2022 File: 204288500 Stantec Consulting Services Inc. 38 Technology Drive Suite 200, Irvine CA 92618-5312 Attention: Ms. Iris Lee Deputy Public Works Director/City Engineer City of Seal Beach Public Works Department 211 Eighth Street Seal Beach, California 90740 Reference: Lampson Avenue Bike Lane Gap Closure (ST1811 /ATPSBI L-5229(017)) Amendment No. 1 Dear Ms. Lee, This letter is a request for additional professional services related for the Lampson Avenue Bike Lane Gap Closure Project (Project) in the City of Seal Beach (City), California. These services include addition right of way certification preparation and utility relocation coordination. We will provide our services for a fixed fee of $18,500, in accordance with the approved Professional Service Agreement for the Project, dated April 27, 2020. If you have any questions, please feel free to contact Jeff Wilkerson at (949) 929-1449. Regards, STANTEC CONSULTING SERVICES INC. Mohammad Heiat, P.E. Principal Phone: (949) 322-8083 Mohammad.Heiat@Stantec.com Design with community in mind �11 =",It Jeff Wilkerson, P.E. Senior Associate Phone (949) 929-1449 Jeff.Wilkerson@Stantec.com �'►`� �® CERTIFICATE OF LIABILITY INSURANCE 10/1/2022 DATE(MMIDDNYYY) 1 9/16/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONACT NAME: 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 PHONE FAX AIC No (AIC. No ExtI: (AIC' E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Berkshire Hathaway Specialty Insurance Company 22276 NOT APPLICABLE INSURED STANTEC CONSULTING SERVICES INC. 1414100 370 INTERLOCKEN BOULEVARD, SUITE 300 INSURER B: AIG Specialty Insurance Company 26883 INSURER C: INSURER D: BROOMFIELD CO 80021-8012 INSURER E : INSURER F: COVFRAGFR CERTIFICATE NUMBER: lA7I(1R?IS REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE I jNSD IswvD I POLICY NUMBER MMIDDY EFF tPOM/LDICp EXP LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE S XXXXXXX DAMAGE TO PREMISES Ea oNccurrenceI S XXXXXXX CLAIMS -MADE F] OCCUR MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY S XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S XXXXXXX POLICY ❑X JECOT- FX LOC PRODUCTS - COMP/OP AGG S XXXXXXX $ OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE Ea acct,deDtSINGLE LIMIT $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) S XXXXXXX PROPERTY DAMAGE $ XXXXXXX Per accident $XXXXXXX UMBRELLA LIAR HCLAIMS-MADE OCCUR NOT APPLICABLE EACH OCCURRENCE S XXXXXXX AGGREGATE S XXXXXXX EXCESS LIAB DED I RETENTIONS S XXXXXXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Ya OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A NOT APPLICABLE STATUTE ER E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE S XXXXXXX E.L. DISEASE - POLICY LIMIT S XXXXXXX DEes, describe under SCRIPTION OF OPERATIONS below A A Professional Liab N N 47-EPP-308810 NO RETROACTIVE DATE 10/1/2021 10/1/2022 53,000,000 PER CLAIM/AGG INCLUSIVE OF COSTS B Contractors Pollution Liab CP08085428 10/1/2021 10/1/2023 $3,000,000 PER LOSS/AGG DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: STANTEC PROJECT #2042588500; LAMPSON AVENUE BIKE LANE GAP CLOSURE DESIGN. L;t:K I IrDA I t 16730825 CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED n 19880n15 ACORD CORPORATION. All riahts reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ACORt)r CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDNYYY) 5/1/2023 4/22/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 CONTACT PHONE pAX NA.Ex AIC No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # Y INSURER A: Berkshire Hathaway Specialty Insurance Company 22276 47 - GLO-307584 INSURED STANTEC CONSULTING SERVICES INC. 1415077 INSURER B: Travelers Property Casualty Co of America 25674 INSURER C: 370 INTERLOCKEN BOULEVARD, SUITE 300 BROOMFIELD CO 80021-8012 INSURER D: INSURER E: INSURER F: 1+UvrRAGES GtKIIHGATENUMBER' IA7,inR77 RPVICIr1A1IUIIMR2FR- 'vvvvvvv THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INDD ISUBRWVD E POLICY NUMBER POLICYEFF POLICY Y EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FRIOCCUR Y N 47 - GLO-307584 5/1/2022 5/1/2023 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTEDPREMISES Ea occurrence S 1 000 000 MED EXP (Any one person) $ 25,000 X CONTRACTUAL/CROSS X XCU COVERED PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [R] JET FRI LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMPIOPAGG S 21000.000 S OTHER: B B AUTOMOBILE X LIABILITY ANYAUTO y N TC2J-CAP-8E086819 (AOS) TJ -BAP -8E086820 5/1/2022 5/1/2022 5/1/2023 5/1/2023 ECOMBINED tSINGLE LIMIT S 11000.000 BODILY INJURY (Per person) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS ( ) accident Per BODILY INJURY $ XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per acc dent $ XXXXXXX $ XXXXX3 x A X UMBRELLA UAB IX I OCCUR N N 47 - UM0-307585 5/1/2022 5/1/2023 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DED RETENTIONS S XXXXXXX B BANY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED?NIA N UB -31`635310 (AOS) UB -3P533004 (MA, WI) EXCEPT FOR OH ND WA WY 5/1/2022 5/1/2022 5/1/2023 5/1/2023 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1.000.000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: STANTEC PROJECT #2042588500; LAMPSON AVENUE BIKE LANE GAP CLOSURE DESIGN. CITY, ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY, AS REQUIRED BY WRITTEN CONTRACT. 16730822 CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH CA 90740 Iam0UITZIALA,\ILei �I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED 5 ACORD CORPORATION. All riahts reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D564542 Master ID: 1415077, Certificate ID: 16730822 STANTEC CONSULTING SERVICES INC..; 1415077 1.6730822 CITY OF SEAL BEACH 211 8TH STREET, SEAL BEACH, CA 90740 Dear Valued Client: In our continuing effort to provide timely certificate delivery, Lock -ton Companies is utilizing paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via the email below and reference Certificate ID: 16730822. You must reference this Certificate ID number in order for us to complete this process. • Certificate ID: 16730822 • Email: kctsu@lockton.com • Subject Line: TSU E -Delivery Signing up for this will NOT sign you up for any solicitation emails - your email will only be used to forward updated or renewal certificates direct from Lock -ton. The email you receive will look like this: L+OCKTO ' `tta['LeyMXsh'xci�W aM�r. !!rapt nlM �SCCtr7tlCe+iC�fipO¢lmlb�R7�2t-'h�+�UG3s4f ik;�uF.R?�kh0r�'w1�fMllt4. If you received this letter with a certificate via email,.no action is required on your part. If you nd longer need this certificate, please contact us at the email address above,, reference the Holder ID number and use this subject line: "Certificate Removal" . NOTE. Please do NOT send certirica to requests or other insurance inquiries to the email inbox above. Thank you for your cooperation. Lockton Companies Technical Services Unit Email I Mailing Update - Liability Certificates ACORD® CERTIFICATE OF LIABILITY INSURANCE 5/1/2023 FDATE(MMIDDNYYY) 4/22/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 CONTACT PHONE. E FAX No E-MAIL ADDRESS: LIMITS A INSURERS AFFORDING COVERAGE NAIC# INSURER A: Berkshire Hathaway Specialty Insurance Company 22276 N INSURED STANTEC CONSULTING SERVICES INC. 1415077 370 INTERLOCKEN BOULEVARD, SUITE 300 INSURER B: Travelers Property Casualty Co of America 25674 INSURER C : BROOMFIELD CO 80021-8012 INSURER D : INSURER E : INSURER F: UUVERAGES CERTIFICATE NUMBER: 1A)I IAR7 RPVICIfIN'NI IMRFR• VYSrvvvv THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLISUBRI INSD WVD - POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y N 47 - GLO-307584 5/1/2022 5/1/2023 EACH OCCURRENCE $ 2000000 DAMAGE T RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 25,000 X CONTRACTUAL/CROSS X XCU COVERED PERSONAL &ADV INJURY $ 2,000,000 GEMLAGGREGATELIMITAPPLIESPER: POLICY JECT LOC GENERALAGGREGATE $ 4000,000 PRODUCTS -COMP/OP AGG $ 2 000,000 $ OTHER: B B AUTOMOBILE X LIABILITY ANY AUTO Y N TC2J-CAP-8E086819 (AOS TJ -BAP -8E086820 5/1/2022 5/1/2022 5/1/2023 5/1/2023 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 BODILY INJURY (Per person) $ xx=xX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per $ er accident) XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per acc dent $ xx=xX $XXXXXXX A X UMBRELLA LIAB OCCUR N N 47 - UMO-307585 5/1/2022 5/1/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ S XXXXXXX B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICEWMEMBER EXCLUDED? � N / A Y UB-3P635310(AOS) UB -3P533004 (MA,. WI) 5/1/2022. EXCEPTTOR OH ND WA WY 5/1/2022 5/1/2023 5/1/2023 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I I E.L. DISEASE -POLICY LIMIT I $. 1.000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: CITY OF SEAL BEACH ON-CALL PROFESSIONAL ENGINEERING SERVICES. CITY OF SEAL BEACH, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITYAND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY, AS REQUIRED BY WRITTEN CONTRACT. THE ADDITIONAL INSUREDS' OWN COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY, AND ON THE AUTO LIABILITY AS WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT.RESPECTS THE USE OF VEHICLES OWNED BY STANTEC CONSULTING SERVICES INC. IF REQUIRED BY WRITTEN CONTRACT. 16231482 CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ©1988015 ACORD CORPORATION. All riahts reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Attachment Code: D564542 Master ID: 1415077, Certificate ID: 16231482 STANTEC CONSULTING SERVICES INC..; 1415077 fi rl�► I FtiW�f � �' il 16231482 CITY OF SEAL BEACH 211 8TH STREET, SEAL BEACH, CA 90740 Dear Valued Client: In our continuing effort to provide timely certificate delivery, Lockton Companies is utilizing paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via the email below and reference Certificate ID: 16231482. You must reference this Certificate ID number in order for us to complete this process. • Certificate ID: 16231482 • Email: kctsu@lockton.com • Subject Line: TSU E -Delivery Signing up for this will NOT sign you up for any solicitation emails - your email will only be used to forward updated or renewal certificates direct from Lockton. The email you receive will look like this: YeutieNlCat�L aataW aNna. aNt�cpetetosacia S'is �Or7�QSMR: �r.uGY+�eFsscaa',�e�G.as�lwr+[au+. If you received this letter with a certificate via email, no action is required on your part. If you no longer need this certificate, please contact us at the email address above, reference the Holder ID number and use this subject line: "Certificate Removal" NOTE. Please do NOT send certificate requests or other insurance inquiries to the email inbox above_ Thank you for your cooperation. Lockton Companies Technical Services Unit Email ( Mailing Update - Liability Certificates PROFESSIONAL SERVICES AGREEMENT for Local Assistant Federal -Aid Project Project No. ATPS131 L-5229(017) for Professional Engineering Design Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 M Stantec Consulting Services, Inc. 38 Technology Drive Irvine, CA 92618 (949) 923-6000 This Professional Service Agreement ("the Agreement") is made as of April 27, 2020 (the "Effective Date"), by and between Stantec Consulting Services, Inc. ("CONSULTANT"), a New York corporation, and the City of Seal Beach ("CITY"), a California charter city, (collectively, "the Parties"). RECITALS A. CITY received a grant from the Active Transportation Program (ATP) and the California Department of Transportation ("Caltrans") Active Transportation Program ("ATP") in 2016 for the Lampson Avenue Bike Lane Gap Closure design, a local assistance federal -aid project (Project No. ATPSB1 L-5229(017) (the "Project"). B. CITY desires certain professional engineering design services to carry out the Project. C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), CITY desires to engage CONSULTANT to provide engineering design professional services in the manner set forth herein and more fully described in Section 1.0. D. CONSULTANT represents that the principal members of its firm are qualified registered civil engineers and are fully qualified and licensed under California law to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT ARTICLE I INTRODUCTION A. This Agreement is between CITY and CONSULTANT for professional engineering design services as detailed in the Request for Proposals incorporated by reference in Article II Scope of Work of this Agreement. The Project Manager for the "CONSULTANT" will be Jeff Wilkerson. The Contract Administrator for CITY will be Iris Lee, Deputy Public Works Director/City Engineer. ARTICLE II STATEMENT OF WORK A. CONSULTANT shall provide the work and other services (collectively "Scope of Services") set forth in the Request for Proposal ("RFP") attached hereto as Exhibit A, and CONSULTANT's Proposal, Exhibit B, incorporated herein by this reference. To the extent that there is any conflict between Exhibits A and B and this Agreement, this Agreement shall control. B. CONSULTANT shall perform the Scope of Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to CITY. C. In performing this Agreement, CONSULTANT shall comply with all applicable provisions of federal, state, and local law. 2 of 29 D. As a material inducement to CITY to enter into this Agreement, CONSULTANT hereby represents that it has the experience necessary to undertake the Scope of Services to be provided. In light of such status and experience, CONSULTANT hereby covenants that it shall follow the customary professional standards in performing all work or other services under the Scope of Services. CITY relies upon the skill of CONSULTANT, and CONSULTANT's staff, if any, to do and perform the Scope of Services in a skillful, competent, and professional manner, and CONSULTANT and CONSULTANT's staff, shall perform the Scope of Services in such manner. CONSULTANT shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of CONSULTANT's work or other services by CITY shall not operate as a release of CONSULTANT from such standard of care and workmanship. E. CONSULTANT will not be compensated for any work or other services performed not specified in the Scope of Services unless CITY authorizes such work or other services in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 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 CITY's 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 CITY's Contract Administrator, as needed, to discuss progress on the Agreement. ARTICLE IV PERFORMANCE PERIOD A. This Agreement shall go into effect on April 27, 2020, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by the CITY Contract Administrator. The Agreement shall end on June 30, 2022, unless extended by amendment to this Agreement. B. CONSULTANT is advised that any recommendation for Agreement award is not binding on CITY until the Agreement is fully executed and approved by CITY. ARTICLE V ALLOWABLE COSTS AND PAYMENTS A. The method of payment for this Agreement 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 estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in 3 of 29 the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by Agreement 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 agreement is required, the Agreement time or actual costs reimbursable by CITY shall be adjusted by Agreement amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "I" of this Article shall not be exceeded, unless authorized by Agreement amendment. B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. CONSULTANT's agreement to the extension of the 1 -year applicable period shall not be a condition or qualification to be considered for the work or Agreement award. C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $144,926 The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment. D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. E. 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. F. 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 Article III Statement of Work, CITY shall have the right to delay payment or terminate this Agreement . G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement . H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY's Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) 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 Agreement number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT's work. Invoices shall be mailed to CITY's Contract Administrator at the following address: City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Attn: Iris Lee, Contract Administrator 4of29 I. The total amount payable by CITY including the fixed fee shall not exceed $144,926. J. 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. ARTICLE VI TERMINATION A. This Agreement may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. B. CITY may temporarily suspend this Agreement, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination. C. Notwithstanding any provisions of this Agreement, CONSULTANT shall not be relieved of liability to CITY for damages sustained by City by virtue of any breach of this Agreement by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined. D. In the event of termination, CONSULTANT shall be compensated as provided for in this Agreement. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. E. Consultant may not terminate its obligation to provide Services under this Agreement except for cause, by providing seven (7) days' written notice of termination to the City, provided that Consultant has first served the City with written notice of default and demand to cure, and City has failed to cure such default within thirty (30) days of receipt of such notice of default. ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. B. CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 5 of 29 C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by CONSULTANT to CITY. D. When CONSULTANT or a Subconsultant is a Non -Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. ARTICLE VIII RETENTION OF RECORD/AUDITS For the purpose of determining compliance with Government Code § 8546.7, CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including CONSULTANT's Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of CONSULTANT, Subconsultants, and CONSULTANT's Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. Notwithstanding the foregoing, CITY's right to inspect, copy and audit shall not extend to the composition of CONSULTANT's rates and fees, percentage mark-ups or multipliers but shall apply only to their application to the applicable units, unless inspection, copying and/or audit of the CONSULTANT's rates and fees, percentage mark-ups or multipliers is required by Government Code § 8546.7 and/or federal statutes or regulations. ARTICLE IX AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by CITY'S Chief Financial Officer. B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY'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 CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this Agreement. D. CONSULTANT and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, 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 6 of 29 CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by the CITY Contract Administrator 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 Agreement by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. E. CONSULTANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. 1. During IOAI's review of the ICR audit work papers created by CONSULTANT's independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines)is received and approved by IOAI. Accepted rates will be as follows: a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. 2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA -audited ICR and audit report within three (3) months of the effective date of the management letter. 7 of 29 IOAI will then have up to six (6) months to review CONSULTANT's and/or the independent CPA's revisions. 3. If CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. 4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. ARTICLE X SUBCONTRACTING A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CITY and any Subconsultants, and no subagreement shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to CITY for the acts and omissions of its Subconsultants 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 Subconsultants is an independent obligation from CITY's obligation to make payments to CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in CONSULTANT's approved Cost Proposal. C. Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted. D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to CONSULTANT by CITY. E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant. ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT 8 of 29 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 approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY'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 with funds provided under the terms of this Agreement 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 five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, CONSULTANT may either keep the equipment and credit CITY 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 CITY procedures; and credit CITY 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 CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY. 2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. ARTICLE XII STATE PREVAILING WAGE RATES A. No CONSULTANT or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code § 1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. B. CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance . These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code § 1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work 9 of 29 performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http-//www.dir.ca.gov. D. Payroll Records I. CONSULTANT and each Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code § 1776 and as defined in 8 CCR § 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code § 1771, § 1811, and § 1815 for any work performed by his or her employees on the public works project. ?. The payroll records enumerated under paragraph (1) above shall be certified as correct by CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representative's at all reasonable hours at the principal office of CONSULTANT. CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by CONSULTANT. c. The public shall not be given access to certified payroll records by CONSULTANT. CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request. 3. CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in 10 of 29 such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of CONSULTANT or Subconsultant performing the work shall not be marked or obliterated. 5. CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. 6. CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. E. When prevailing wage rates apply, CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator. F. Penalty CONSULTANT and any of its Subconsultants shall comply with Labor Code § 1774 and § 1775. Pursuant to Labor Code § 1775, CONSULTANT and any Subconsultant shall forfeit to CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§ 1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement. 3. In addition to the penalty and pursuant to Labor Code § 1775, 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 shall be paid to each worker by CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime 11 of 29 CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code § 1775, CITY shall notify CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY. G. Hours of Labor Eight (8) hours labor constitutes a legal day's work. CONSULTANT shall forfeit, as a penalty to CITY, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§ 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in § 1815. 12 of 29 H. Employment of Apprentices 1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. 2. CONSULTANT and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/. for additional information regarding the employment of apprentices and for the specific journey -to- apprentice ratios for the Agreement work. CONSULTANT is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code § 1777.7. ARTICLE XIII CONFLICT OF INTEREST A. During the term of this AGREEMENT, CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow. B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law. C. 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 Agreement. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. D. CONSULTANT hereby certifies that CONSULTANT or any subconsultant and any firm affiliated with CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION 13 of 29 CONSULTANT warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. ARTICLE XV NON-DISCRIMINATION CLAUSE AND 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 California Government Code § 12990 and 2 CCR § 8103. B. During the performance of this Agreement, CONSULTANT and its subconsultants shall not deny the Agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 et seq.), the applicable regulations promulgated there under (2 CCR § 11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code § 12990 (a -f), set forth 2 CCR §§ 8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause. E. 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. F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 14 of 29 G. CONSULTANT, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States 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. H. CONSULTANT shall comply with regulations relative to non-discrimination in federally -assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR § 21.5, including employment practices and the selection and retention of Subconsultants. ARTICLE XVI 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 or any person associated therewith in the capacity of owner, partner, director, officer or manager: 1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3. Does not have a proposed debarment pending; and 4. 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. B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA. ARTICLE XVII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This Agreement is subject to 49 CFR Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". CONSULTANTs who enter into a federally -funded agreement will assist CITY in a good faith effort to achieve California's statewide overall DBE goal. 15 of 29 B. The goal for DBE participation for this Agreement is twelve percent Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-01: Consultant Proposal DHE Commitment , or in Exhibit 10-02: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. 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. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, CONSULTANT must complete and submit Exhibit 15-H: DBE Information — Good Faith Efforts to document efforts to meet the goal. 49 CFR Part 26 shall comply to provide guidance regarding evaluation of good faith efforts to meet the DBE goal. D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of Agreements financed in whole or in part with federal funds. CITY, 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 DOT -assisted contracts. Failure by CONSULTANT to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as CITY deems appropriate, which may include, but is not limited to: 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the contractor from future bidding as non -responsible E. A DBE firm may be terminated only with prior written approval from CITY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting CITY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR § 26.53(f). 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. F. CONSULTANT shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of CONSULTANT) pursuant to prior written authorization of CITY's Contract Administrator. G. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF will be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is 16 of 29 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 Agreement, 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 Agreement is commensurate with the work it is actually performing, and other relevant factors. H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, 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. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement 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. 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 CONSULTANT's shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. K. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, Exhibit 97-F: Final Rep ort-Utiliiatic�o of Disadvantacied Business Enter rise DBE First -Tier 5ubconsultants, certified correct by CONSULTANT or CONSULTANT's authorized representative and shall be furnished to CITY's 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 CITY Contract Administrator. If a DBE subconsultant is decertified during the life of the Agreement, 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 Agreement, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY's Contract Administrator within thirty (30) calendar days. M. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 17 of 29 ARTICLE XVIII INSURANCE A. CONSULTANT shall not commence work under this Agreement until it has provided evidence satisfactory to CITY that CONSULTANT has secured all insurance required under this Article. CONSULTANT shall furnish CITY with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to CITY. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates and endorsements shall be received and approved by CITY before work commences. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. B. CONSULTANT shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and (4) if required by CITY, Professional Liability coverage (or Errors and Omissions coverage). CONSULTANT shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/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) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. C. The insurance policies shall contain the following provisions, or CONSULTANT shall provide endorsements on forms supplied or approved by CITY to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to CITY; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the CITY, its officials, officers, employees, agents and volunteers, and independent contractors serving in the role of CITY officials; (3) coverage shall be primary insurance as respects CITY, its officials, officers, employees, agents, volunteers, and independent contractors serving in the role of CITY officials, or if excess, shall stand in an unbroken chain of coverage excess of CONSULTANT's scheduled underlying coverage and that any insurance or self-insurance maintained by CITY, its , officials, officers, employees, agents, volunteers and independent contractors serving in the role of CITY officials, shall be excess of CONSULTANT's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, 18 of 29 that CITY, its officials, officers, employees, agents, volunteers and independent contractors serving in the role of CITY officials, shall be covered as additional insureds with respect to the services or operations performed by or on behalf of CONSULTANT, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that CITY, its officials, officers, employees, agents, volunteers and independent contractors serving in the role of CITY officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by CONSULTANT or for which CONSULTANT is responsible. D. All insurance required by this Article shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to CITY, its officials, officers, employees, agents, volunteers, and independent contractors serving in the role of CITY officials. E. Any deductibles or self-insured retentions shall be declared to and approved by CITY. CONSULTANT guarantees that, at the option of CITY, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officials, officers, employees, agents, volunteers, and independent contractors serving in the role of CITY officials; or (2) CONSULTANT shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. ARTICLE XIX FUNDING REQUIREMENTS A. It is mutually understood between the parties that this Agreement 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 Agreement were executed after that determination was made. B. This Agreement is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council of CITY that may affect the provisions, terms, or funding of this Agreement in any manner. C. CITY shall provide notice to CONSULTANT in the event the United States Government, or any federal or state agency, fails to appropriate sufficient funds for the Project, and in such event this Agreement may be amended to reflect any reduction in funds, as agreed upon by the parties, or this Agreement may be terminated for convenience by either party pursuant to Article VI, Termination, except that CONSULTANT shall be responsible to complete any Services paid in advance, if any. ARTICLE XX CHANGE IN TERMS A. This Agreement 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 CITY's Contract Administrator. 19 of 29 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 Agreement without prior written approval by CITY's Contract Administrator. ARTICLE XXI CONTINGENT FEE CONSULTANT warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement 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, CITY has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XXII DISPUTES Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. With respect to any dispute other than an audit, if requested in writing by either CITY or the CONSULTANT, the parties may attempt to resolve such dispute between them arising out of or in connection with this Agreement by first entering into structured non-binding good faith negotiations with the assistance of a mediator on a without -prejudice basis. Costs of the mediator shall be shared equally by the parties. The mediator shall be appointed by agreement of the parties. If a dispute cannot be settled within a period of forty-five (45) calendar days with the mediator, then either party may commence legal action against the other. Disputes relating to an audit shall be governed by applicable provisions of federal and/or state law. A. Neither the pendency of a dispute, or any negotiations or mediation, will excuse CONSULTANT from full and timely performance in accordance with the terms of this Agreement. B. No provision of this Article or Agreement shall relieve CONSULTANT of its obligation to comply all applicable audit and claims presentation requirements imposed by CITY, state and/or federal law. ARTICLE XXIII INSPECTION OF WORK CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement. 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 CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. 20 of 29 B. Pursuant to the authority contained in Vehicle Code § 591, CITY 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. ARTICLE XXV. OWNERSHIP OF WORK PRODUCT A. It is mutually agreed that provided CITY is not in breach, all materials prepared by CONSULTANT under this Agreement shall become the property of CITY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, CITY shall be entitled to, and CONSULTANT shall deliver to CITY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this Agreement which is not CONSULTANT's privileged information, as defined by law, or CONSULTANT's personnel information, along with all other property belonging exclusively to CITY which is in CONSULTANT's possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by CITY. B. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder ("Work Product') to be work made for hire. CONSULTANT acknowledges and agrees that all Work Product (and all rights therein, including, without limitation, copyright, intellectual property and other proprietary rights arising out of the Work P) belongs to and shall be the sole and exclusive property of CITY without restriction or limitation upon its use or dissemination by CITY. C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the Work Product is suitable in any way for any other project except the one detailed in this Agreement. Any use by CITY for any purpose unrelated to this Project shall be at City's sole risk. 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. CITY 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. ARTICLE XXVI CLAIMS FILED BY CITY'S CONSTRUCTION CONTRACTOR A. If claims are filed by CITY'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 21 of 29 CITY'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 CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this Agreement. C. Services of CONSULTANT's personnel in connection with CITY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims. ARTICLE XXVII CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to CITY's operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this Agreement, shall be protected by CONSULTANT from unauthorized use and disclosure. Notwithstanding the foregoing, the restrictions on the use and disclosure of the confidential information shall not apply to information which (a) was lawfully known to CONSULTANT through other publicly available sources before receipt of same from CITY; or (b) becomes lawfully publicly known other than through CONSULTANT; or (c) is lawfully disclosed pursuant to the requirements of a governmental authority or judicial order, but only to the extent required to comply with the said requirements of the government authority or judicial order. B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the Agreement, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by CITY, and receipt of CITY'S written permission. D. All subcontract agreements entered into as a result of this Agreement shall contain all provisions of this Article. E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. ARTICLE XXVIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code § 10296, 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. 22 of 29 ARTICLE XXIX EVALUATION OF CONSULTANT CONSULTANT's performance will be evaluated by CITY. 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 Agreement record. ARTICLE XXX RETENTION OF FUNDS A. No retainage will be withheld by CITY from progress payments due CONSULTANT. Retainage by CONSULTANT or subconsultants is prohibited, and no retainage will be held by CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code § 7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non - DBE CONSULTANT and subconsultants. ARTICLE XXXI NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this Agreement 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: STANTEC CONSULTING SERVICES, INC. MOHAMMAD HEIAT, Principal -in -Charge 38 Technology Drive Irvine, CA 92618 CITY: CITY OF SEAL BEACH IRIS LEE, Contract Administrator 211 8th Street Seal Beach, CA 90740 ARTICLE XXXII INDEPENDENT CONTRACTOR A. CONSULTANT is an independent contractor and not an employee of CITY. All work or other services provided pursuant to this Agreement shall be performed by or by CONSULTANT's employees or other personnel under CONSULTANT's supervision, and CONSULTANT and all of CONSULTANT's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such work and other services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. CONSULTANT will determine the means, methods, and details by which 23 of 29 CONSULTANT's personnel will perform the Services. CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the work and other services and compliance with the customary professional standards. B. All of CONSULTANT 's employees and other personnel performing any of the work and other services under this Agreement on behalf of CONSULTANT shall also not be employees of CITY and shall at all times be under CONSULTANT 's exclusive direction and control. CONSULTANT and CONSULTANT's personnel shall not supervise any of CITY's employees; and CITY's employees shall not supervise CONSULTANT's personnel. CONSULTANT's personnel shall not wear or display any CITY uniform, badge, identification number, or other information identifying such individual as an employee of CITY; and CONSULTANT 's personnel shall not use any CITY e-mail address or CITY telephone number in the performance of any of the work or other services under this Agreement. CONSULTANT shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as CONSULTANT's personnel require to perform any of the work or other services required by this Agreement. CONSULTANT shall perform all work or other services off of CITY premises at locations of CONSULTANT's choice, except as otherwise may from time to time be necessary in order for CONSULTANT's personnel to receive projects from CITY, meet with CITY officials or employees, review plans on file at CITY, pick up or deliver any work product related to CONSULTANT's performance of any of the work or other services under this Agreement, or as may be necessary to inspect or visit CITY locations and/or private property to perform such work or other services. CITY may make a computer available to CONSULTANT from time to time for CONSULTANT's personnel to obtain information about or to check on the status of projects pertaining to the work or other services under this Agreement. C. CONSULTANT shall be responsible for and pay all wages, salaries, benefits and other amounts due to CONSULTANT's personnel in connection with their performance of any work or other services under this Agreement and as required by law. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, CONSULTANT and any of its officers, employees, agents, and subcontractors providing any of the work or other services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by CITY, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of CITY, and entitlement to any contribution to be paid by CITY for employer contributions or employee contributions for PERS benefits. 24 of 29 D. CONSULTANT shall indemnify and hold harmless CITY and its elected officials, officers, employees, servants, and agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to CONSULTANT's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Article XXXIII. This duty of indemnification is in addition to CONSULTANT's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. ARTICLE XXXIII PERS COMPLIANCE AND INDEMNIFICATION A. General Requirements. The Parties acknowledge that CITY is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. CONSULTANT agrees that, in providing its employees and any other personnel to CITY to perform any work or other services under this Agreement, CONSULTANT shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, CONSULTANT shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause CITY to be in violation of the applicable retirement laws and regulations. B. Indemnification. CONSULTANT shall defend (with legal counsel approved by CITY, whose approval shall not be unreasonably withheld), indemnify and hold harmless CITY, and CITY'S officials, officers, employees, servants, and agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to CONSULTANT's violation of any provisions of this Article XXXIV. This duty of indemnification is in addition to CONSULTANT's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. ARTICLE XXXIV INDEMNIFICATION, HOLD HARMLESS AND DUTY TO DEFEND CONSULTANT and CITY agree that CITY, its elected officials, officers, attorneys, agents, employees, successors, assigns and those CITY agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Article XXXV) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to CITY and all other Indemnitees. CONSULTANT acknowledges that CITY would not have entered into this Agreement in the absence of 25 of 29 the commitment of CONSULTANT to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. A. Indemnity for Design Professional Services. To the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. B. Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. C. Subconsultant and Other Subcontractor Indemnification. CONSULTANT shall obtain .executed indemnity agreements with provisions identical to those in this Article 26 of 29 XXXV from each and every Subconsultant or subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. If CONSULTANT fails to obtain such indemnities, CONSULTANT shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of CONSULTANT's Subconsultant or subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT's Subconsultant or subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. D. The obligations of CONSULTANT under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. CONSULTANT's indemnity obligation set forth in this Article XXXV shall not be limited by the limits of any policies of insurance required or provided by CONSULTANT pursuant to this Agreement. E. CONSULTANT's covenants under this Article XXXV shall survive the expiration or termination of this Agreement. ARTICLE XXXV MISCELLANEOUS A. Assignment. CONSULTANT shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of CITY. Any purported assignment without such consent shall be void and without effect. B. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. C. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. D. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. E. No Third Party Rights. No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. F. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, 27 of 29 privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. G. Exhibits. All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. H. Corporate Authority. The person executing this Agreement on behalf of CONSULTANT warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the CONSULTANT is formally bound to the provisions of this Agreement. 28 of 29 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH 0 fu�r; Mra Attesi M Approved as toFor By: 10 i A. Steele, City Attorney Exhibit A: Request for Proposal Exhibit B: Proposal CONSULTANT: Stantec Consulting Services, Inc.,,aNew York corporation 6!'�! Name: Douglas Johnson Its: Vice President By: Name Its: Jeffrey Stone Assistant Secretary (Please note, two signatures req corporations pursuant to Califo Code Section 313 from each of 1 categories: (i) the chairperson o president or any vice president, aJ secretary, any assistant secretary, financial officer or any assistant tri such corporation. 29 of 29 TINd EXHIBIT A Request for Proposal RECEIVED ACURO" CERTIFICATE OF LIABILITY INSURANCE4AY,--i�Z� DATE (MM/DD/YYYY) 21 4/10/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATCERTIFICATE DOES NOT AFFFIRMAT VELY OR NEGAT VELYIAM ON NND, EXTE DANDOOR AENFERS R HIE COVERIAGIRA� D�L C ESIS UPONII BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TCJff81/11�� PL1L,$1@*M REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. V 1 1 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 471h Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 CON NAE - ,vc, No, Ext): WC. No E-MAIL ADDRESS: INS AFFORDING CQV GE MAIC & INSURER A : Berkshire Hathaway Specialty Insurance Company 22276 INSURED STANTEC CONSULTING SERVICES INC. 1415077 3701NTERLOCKEN BOULEVARD, SUITE 300 BROOMFIELD CO 80021-8012 INSURER B : Travelers Property Casualty Co of America 25674 INSURER C- INSURER D, INSURER E, INSURER COVERAGES CERTIFICATF NHMRFR• 16?111R7 =0=W4*1ne1 r.ulReeea. vvvvvvv Ji JR I1J1 li THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R TYPE OF INSURANCE ADSL IJ8 POLICY NUMBER PIHIIDOY EFF YYY MPIOLICY EXP_LT LIMITS A x COMMERCIAL GENERAL LIABILITY Y N 47-GLO-307584 5/1/2020 5/1/2021 EACH OCCURRENCE s 2,000,000 CLAIMS -MADE OCCUR PAEMISESEaEtrNc mri 1,000,000 MED EXP (Any one person 25,000 X C0N'rRACTLIAI,/CR,0a5 X XCU COVERED PERSONAL & ADV INJURY s 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 4.000,000 POLICY �T ] LOC PRODUCTS - COMP/OP AG G S 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y N TC2,1-CAP•SE086819 (AOS) 5/1/2020 5/1/2021 COe eBINEO 5lNGL£ LIMIT 5 1,000,000 B B �[ ANY AUTO TJ -RAP -8E086820 TC2J-CAP-8E087017 (NJ) 5/1/2020 5/1/2020 5/1/2021 5/1/2021 BODILYINJURY(Perperson) $ YMXXXX OWNED SCHEDULED AUTOS ONLY AUTOS BODI LY I NJ U RY (Per accident $ XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PRO nDANFAGE $ xxxxxxx P $ xxxxxxx A X UMBRELLA LIAB x OCCUR N N 47-UMO-307585 5/1/2020 5/1/2021 EACH OCCURRENCE $ 5.000.000 }� EXCESS LIAB CLAiMS-MADE AGGREGATE $ 5,000.000 DED I I RETENTIONS $ xxxxxxx I I B B WORKERS COMPENSA7iON AND EMPLOYERS' LIABILITY YIN ANY ECUTIVE Y UB -3P635310 (AOS) �-3P533004 (MA +y ] 5/1/2020 5/1/2020 5/1/2021 5/1/2021 x STATUTE pER E.L EACH ACCIDENT $ i 000 000 B OFFICER/MEMBER EXCLUDED? N / A EXCEPT FOR OH iVD1WA WY W f1e1 EL DISEASE - EA EMPLOYEE1,000,0 V 0 (Mandatory in NH) C . OISEA$C.POLICY LIMIT 13 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Sahedule, may he attaohad if Inaro space Is req ultod) RFs: CITY OF SEAL BEACH ON-CALL PROFESSIONAL ENGINEERING SER VICES. CITY OF SEAL BEACII, ['IS DIRLiCTOR3, OFFICIALS. OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY. AS REQUIRED BY WR1'1 i;N CONTRACT. T13F ADDITIONAL INSUREDS' OWN COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH 773E GE RAL LIABILITY, AND ON THE AUTO LTA131LITY AS WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERF, ALLOWED BY STATE LAW AND IF REQUIRED 13Y WPUTTEN CONTRACI'.RESPECTS THE USE OF VEHICLES OWNED BY STANTEC CONSULTING SERVICES INC. IF REQUIRED BY WRITTEN CONTRACT. �r� I.HIV l.EL4H I IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 16231482 AUTHORIZED REPRESENTATIVE CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH CA 90740 'Y-7 '0 ,¢ � ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION_ All rinhtc rocarvari The ACORD name and logo are registered marks of ACORD DATE (MM/DDNYYY) conn CERTIFICATE OF LIABILITY INSURANCE 5/1/2021 1 5/1/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT 444 W. 47th Street, Suite 900 PHONE FM][ Kansas City MO 64112-1906 i M�n 1s (816)960-9000ADDRESS: ---------- -------- INSURER A: Berkshire Hathaway Sp ecial Insurance Cotgany 22276 INSURED STANTEC CONSULTING SERVICES INC. INSURER B: Travelers Pro erty Casual Co of America 25674 1415077 370 INTERLOCKEN BOULEVARD, SUITE 300 INSURER C : BROOMFIELD CO 80021-8012 INSURER D : INSURER E INSURER F COVERAGES CFRTIFICATF NUIVIRFR, 1671AQII RFVICIrINI NIIMRFR• vvvvvvv THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR 'AiYuiLTYPE OF INSURANCE IN= 9U 12 POLPOLICY NUMBER MMD IIYYri POLICY M DI � LIMITS A X COMMERCIAL GENERAL LIABILITY 47-GLO-307584 Y N CLAIMS -MADE Fx—1 OCCUR 5/l/2020 5/1/2021 EACH OCCURRENCE����— s 2.000.000/ P NSEE c $ 1000 000 X MED EXP (Any oneperson) $ 25,000 CONTRACTUAL/CROSS X PERSONAL & ADV INJURY $ 2,00) 000 ✓ XCU COVERED _ GENERAL AGGREGATE $ 4,000000 PRODUCTS - COMP/OP AGG $ 2,000000 GENL AGGREGATE LIMIT APPLIES PER: POLICY _ x JJAn LN] LOC $ — - OTHER: B B B AUTOMOBILE X LIABILITY Y N TC2J-CAP-8E086819 AOS (AOS) TJ -BAP -813086820 ANY AUTO TC2J-CAP-8E087017 (NJ) 5/1/2020 5/1/2020 5/1/2020 5/1/2021 5/1/2021 5/1/2021 COMBINED SINGLE LIMIT $ Ea accident 1 000 000 BODILY INJURY person) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY ( Per accident) $ XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $XXXXXXX P $XXXXXXX A X UMBRELLA LIAB X OCCUR N N 47-UMO-307585 5/1/2020 5/1/2021 EACH OCCURRENCE $ 5 QQQQQ AGGREGATE $ 5,000-000 }( EXCESS LIAB — CLAIMS -MADE_ $ XXXx3CXX Dt;o RETENTION B B B WORKERS COMPENSATION- AND EMPLOYERS' LIABILITY N UB -31`635310 (AOS) ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N UB -31`533004 (MA WI) OFFICERIMEMBER EXCLUDED? N N/A EXCEPT FOR OH N D A WY 5/l/2020 5/1/2C2O ' 5/1/2021 5/1/X21 X 'STATUTE ER EA, EACH ACCIDENT $ 1.000000/ 134 DISEASE - EA EMPLOYEE $ 1,000,000 ✓ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ ],QQO,OOQ✓ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: STANTEC PROJECT #2042588500; LAMPSON AVENUE BIKE LANE GAP CLOSURE DESIGN. CITY, ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY, AS REQUIRED BY WRITTEN CONTRACT. L;I=KI IF ICA I L KULDLR CANCELLATION 16730822 CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESF. NTA � f f nc 198R'.IMI5 ACnRn Cr7RPnRATlnN_ All rinhta racPrvarl ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD �nKrjL CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 10/1/2020 511/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAM444 W. 47th Street, Suite 900 PHONE - FAX -- - Kansas City MO 64112-1906 (AiC,.No, Ext): _ (Afc, Yo): E-MAIL (816)960-9000 ADDRE MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX INSURERS AFFORDING COVERAGE NAIC # INSURER A: Berkshire Hath2Way Specialty Insurance Com any 22276 INSURER B: AIG SpecialInsurance Com. an26883 INSURED STANTFC CONSULTING SERVICES INC. 1414100 INSURERC: 370 INTERLOCKEN BOULEVARD, SUITE 300 BROOMFIELD CO 80021-8012 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 16730925 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A4UL 51JBR POLICY EFF POLICY EAP LTR TYPE OF INSURANCE POLICY NUMBER MWODNYYY) JMM/DDIYYYYI LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE _$ XXXXXXX CLAIMS -MADE C', OCCUR DAMAGE TO REN PREMISES E occurtenceI $ XXXXXXX MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX GEN'LAGGREGATELIMIT APPLIES PER: PMICY T PET Lxl LOC PRODUCTS - COMP/OP AGG $ XXXXXXX $ OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ (E�g_ dent XXXXXXX XXX3LXXX BODILY INJURY (Per person) $OWNED ANY AUTO AUTOS ONLY AUTOSULED BODILY INJURY (Per accident) $ HIRED I NON -OWNED AUTOS ONLY AUTOS ONLY PROPERN. $ XXXXXXX Per aocdden $XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE HCLAIMS-MADE EACH OCCURRENCE $ X](XXXXX AGGREGATE $ XXXXXXX EXCESS LIAB ----- $ XXXXXXX OEO RETENTION$ WORKERS COMPENSATION NOT APPLICABLE AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ N/A PER STATUTE ER EL EACH ACCIDENT $ XXXXXXX EL DISEASE - EA EMPLOYE. $ XXXXXXX (Mandatory in NH) DEes, describe under SCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT S XXXXXXX A Professional Liab N N 47-EPP-308810 10/1/2019 10/1/2020 $3,000,000 PER CLAIM/AGG A NO RETROACTIVE DATE INCLUSIVE OF COSTS B Contractors Pollution Liab CP08085428 10/1/2019 10/1/2021 $3,000,000 PER LOSS/AGG DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: STANTEC PROJECT #2042588500; LAMPSON AVENUE BIKE LANE GAP CLOSURE DESIGN. CERTIFICATE HOLDER CANCELLATION 16730825 CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESE: N f AI n 198 K'=�015ACORD CC]RPC]RATION. All r€ahtw rasaroari_ ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD City of Seal Beach Request for Proposals for Lampson Avenue Bike Lane Gap Closure Professional Engineering Design Services (ST1811/ATPSB1 L-5229(017)) (DBE Participation Goal is 12%) -SEAL - e� /�'/A RFP responses to be received until 2:00 P.M., March 6, 2020 in the Public Works Department ATTN: Iris Lee, Deputy Director of Public Works/City Engineer Approved for Advertising: Iris Lee City Engineer Date Issued: February 10, 2020 Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. FEDERAL -AID PROVISIONS V. PRE -PROPOSAL QUESTIONS VI. SCHEDULE VII. SUBMITTAL REQUIREMENTS VIII. FEE PROPOSAL IX. INTERVIEW X. SELECTION PROCESS XI. GENERAL CONDITIONS EXHIBIT A - Sample Professional Services Agreement EXHIBIT B — Concept Plans EXHIBIT C — Funding Authorization EXHIBIT D — Environmental Documentation EXHIBIT E — Caltrans LAPM Chapter 10 Forms * 6�11 eftowo`,�r W6� REQUEST FOR PROPOSALS FOR Lampson Avenue Bike Lane Gap Closure PROFESSIONAL ENGINEERING DESIGN SERVICES I. INTRODUCTION Alternative and active modes of transportations are encouraged within the City of Seal Beach where there is a desire to move forward with improving roadways with on -street bike lanes. As such, the City of Seal Beach has applied and received an Active Transportation Program (ATP) for the Lampson Avenue Bike Lane Gap Closure project (Project). The Project will provide a Class II bike lane along Lampson Avenue between Basswood Street and Seal Beach Boulevard, connecting to the existing bike lane along Lampson Avenue from Basswood Street going east. Lampson Avenue is classified as a four -lane divided secondary arterial on the Orange County Master Plan of Arterial Highway (OC MPAH). The City is soliciting proposals from qualified consultants to provide professional design/engineering services for the Project that would generally include striping, signing, traffic signal modifications, landscaping modifications, and limited roadway modifications, as necessary to accommodate the Project. The ATP grant will be funded with Federal dollars, which will require the Consultant to follow all pertinent local, State and Federal laws and regulations. The DBE goal for this project is 12%. The National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) documents for the project have been approved with no specific conditions. The selected Consultant shall prepare and process all utility notices, determine all utilities prior rights, coordinate, assist and work with the City and the City's Program Management (PM) Consultant to obtain Caltrans' approval of the Right -of -Way Certification in accordance with the applicable Chapters of the LAPM. Additionally, the selected consultant shall work with the City and City's PM consultant and provide them all required documents to obtain Caltrans approval of construction E- 76. The original project application is available upon request. II. QUALIFICATIONS Minimum Qualifications • Valid California Professional license for the discipline of Work. Page 1 of 11 • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional design experience in similar roadway and active transportation improvements. • Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references. • Proficiency with applicable regulatory agencies' rules and regulations, or ability to subcontract a firm to provide such services. • Knowledge and experience with federally -funded ATP efforts. Desirable Qualifications Knowledge and experience with the City of Seal Beach's standards and practices. III. SCOPE OF SERVICES The work shall comply with the requirements of all of the following without limitation, and shall apply to this RFP and any subsequent contract though incorporated herein by reference: 1. Federal laws 2. State laws 3. Local laws 4. Rules and regulations of governing utility districts 5. Rules and regulations of other authorities with jurisdiction over the procurement of projects The Consultant selected shall provide all services to provide the design services for the Lampson Avenue Bike Lane Gap Closure project. The following is an envisioned approach, but is subject to change based on the Consultant's project understanding and recommended approach. Task I: Proiect/Contract Management Project and contract administration and coordination. • Provide supporting documentation to adhere to all applicable Federal, State, and local regulations. • Quality assurance/control. Task Il: Data Collection/Base Map • Review of all available data and conduct field reviews/surveys/investigations. • Coordinate with all applicable utilities and confirm records. • Develop detailed basemapping in preparation of Task III. -- ___ Page2of11 Task III: Plans, Specifications, and Estimates (PS&E) • Review of all available data. • Coordinate with California Conservation Corps of Long Beach (CCLB) to incorporate interested work into the PS&E. Provide design alternatives and/or efficiency measures for consideration. • Develop full plans, specifications, and estimates in accordance with Caltrans Standards and AASHTO Geometric Design guidelines to achieve project objectives. PS&E shall be submitted at the 60%, 90% and final contract document stages. • Apply for any applicable permits with Agencies Having Jurisdiction (AHJ). Task IV: Bid Support • Provide assistance during the bidding phase, including, but not limited to, pre -proposal meetings, Request for Information (RFI), issuing addenda, and bid analyses. Task V: Construction Support • Respond to RFI's and review shop drawings/material submittals. • Prepare record "as -built" drawings. Construction Management and Inspection Services will either be provided by the City or another consultant under a separate contract. IV. FEDERAL -AID PROVISIONS The proposing Consultant's services are federally funded, which necessitate compliance with additional requirements. Special attention is directed to Attachment 3 — Local Assistance Procedures Manual Exhibit (LAPM) 10-I, Notice to Proposers DBE Information. The proposing Consultant shall complete and submit the following forms with the proposal to be considered responsive. These forms and instructions are provided for the proposer in the latest January 2020 LAPM Chapter 10 Forms. C LAPM, Exh 10-B, Consultant Suggested Evaluation Sheet • LAPM, Exh 10-1-11, Cost Proposal LAPM, Exh 10-I, Notice to Proposers DBE information • LAPM, Exh 10-01, Consultant proposed DBE commitment - to be submitted by all interested consultant as part of the response to proposals. The local agency's current contract DBE Goal is 12%. Page 3 of 11 PENAIr Works • DBE Information - Good Faith Effort (LAPM 15-H) — Required only if DBE goal is not achieved. It is recommended that proposer prepare and submit a GFE irrespective of meeting the DBE goal. ■ LAPM, Exh 10-Q, Disclosure of Lobbying Activities Upon award and through completion of the project, the successful proposing Consultant will be required to follow applicable federal -aid requirements and shall complete and submit with the agreement the following forms at the time of award: • LAPM, Exh 10-K, Consultant Annual Certification of Indirect Cost and financial Management System. • LAPM, Exh 10-02, Consultant Contracts DBE Commitment • Any other relevant forms required during the project. Consultant shall demonstrate familiarity of providing services for federally funded projects and has clear understanding of requirements/needs to facilitate the project through Caltrans Local Assistance and Local Assistance Procedures Manual. V. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee(c-�sea I beachca . gov (562) 431-2527 ext. 1322 The City will respond to all questions and requests for clarification received by February 26, 2020, VI.SCHEDULE The following dates reflect the anticipated schedule: • Request for Proposal Solicitation - Pre -Proposal Question Deadline - Page 4 of 11 2/10/2020 2/26/2020 • Proposal Submittal Deadline • Consultant Interview (if conducted) • Caltrans Approval • Contract Award by City Council • Design ■ Construction Support VII. SUBMITTAL REQUIREMENTS A. Acceptance of Submittals - Public Works 3/6/2020, 2:00p.m. March 2020 April 2020 May 2020 June 2020 to December 2020 February 2021 to December 2021 Proposals are due by 2:00 P_ Mvn March 6. 2020 to the following. Postmarks will not be accepted. Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee@sealbeacnca.gov (562) 431-2527 ext. 1322 Please submit one (1) original, two (2) hard copies, and one (1) electronic copy of the Consultant's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected consultant. All property rights, including publication rights of all reports produced by the selected consultant in connection with services performed under this Agreement shall be vested in the City. Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18). Page 5 of 11 P�rbl1� works B. Information to be Submitted Proposals shall be limited to 25 pages, excluding proposal cover, cover letter, table of contents, resumes, and dividers. The following information shall be provided, at a minimum: Cover Letter Local Staffing List & Resumes Company Qualifications Schedule/Hours Contract Signatories References Exceptions Sealed Fee Proposal Project Understanding/Approach Business Entity Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including subconsultants. Identify the individual(s) authorized to negotiate the contract on behalf of the consulting firm and the consultant's project manager. Resumes of proposed staff shall be provided. Company Qualifications: Provide a summary of the firm's qualifications, including background and experience. Schedule/Hours: Provide an anticipated schedule and number of hours necessary to complete each of the anticipated task/phase, and the overall project. Project Understanding/Approach: Describe the firm's understanding of the project identifying, any key issues that may need special attention. Describe how the firm will approach the scope of services and each task needed to complete the project. Any task assumptions and/or exclusions shall be clearly identified. References: Consultant should provide a minimum of five (5) references from public agencies the Consultant has performed work for within the last five (5) years. Information shall include, at a minimum: ■ Agency name • Scope of work and/or services provided, prime/subconsultant. ■ Project outcome ■ Design services and construction value ■ Funding source Page 6 of 11 * I I � t, f 0 Firil16 wfflri • Dates • Staff assigned to referenced engagement that will be designated for work per this RFP • Client project manager name, telephone number, and email Exceptions: The Consultant shall review this RFP and attached standard professional services agreement. Exceptions to any portion of the RFP and/or City's standard professional services agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Fee Proposal: In order to assure that the City of Seal Beach is able to acquire professional services based on the criteria set forth in the Brooks Act and Government Code 4526, the proposal shall include a cost proposal for each service of the proposal. Proposing Consultants will be required to submit certified payroll records, as required. Cost proposal shall be submitted in a separate sealed envelope from the proposal marked as "Lampson Avenue Bike Lane Gap Closure - Fee Proposal". The cost proposal is confidential and will be unsealed after all proposals have been reviewed, and most qualified consultant has been selected. The Method of Payment of the Contract will be Lump Sum. Reference sample cost estimate in LAPM Exhibit 10-H1. Selected Consultant shall comply with Chapter 10 of the Local Assistance Procedures Manual regarding the A&E Consultant Contract Audit and Review process. Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). VIII. FEE PROPOSAL In preparing the fee proposal for this project, the Consultant shall take into consideration the following: 1. Compensation for services provided will be on a time -and -materials, not -to -exceed amount. 2. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal. 3. The Consultant's standard billing rates for all classifications of staff likely to be involved in the project shall be included with the fee proposal along with the mark-up rate for any non -labor expenses and sub -consultants. Any anticipated fee adjustments shall be clearly noted. Page 7 of 11 fft�I�AF182 W";* 184 4. The City will negotiate the final fee with the top-ranked consultant, if necessary. IX. INTERVIEW Top ranked consultant team(s) may be interviewed by the selection committee. Proposed key personnel from the Project Team may be requested to present the teams' and their qualifications at an interview. X. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. POTENTIAL EVALUATION CRITERIA 1. Completeness of Response (Pass/Fail) a. Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Qualifications & Experience (25 points) a Relevant experience, specific qualifications, and technical expertise of the firm and sub - consultants to conduct professional design/engineering services on both federal and nonfederal -aid projects. 3. Organization & Approach (25 points) a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward b. Roles and Organization of Proposed Team i. Proposes adequate and appropriate disciplines of project team. ii. Some or all of team members have previously worked together on similar project(s). iii. Overall organization of the team is relevant to City's needs. c. Project and Management Approach i. Team is managed by an individual with appropriate experience in similar projects. This person's time is appropriately committed to the project. ii. Team successfully addresses Site Planning and Programming efforts. iii. Project team and management approach responds to project issues. Team Paae 8 of 11 �,ffff PStile Warks structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones. d. Roles of Key Individuals on the Team i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project. ii. Key positions required to execute the project team's responsibilities are appropriately staffed. e. Working Relationship with City i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process. ii. Team leadership understands the nature of public sector work and its decision- making process. iii. Proposal responds to need to assist the City during the project. 4. Scope of Services to be Provided (30 points) a. Detailed Scope of Services to be Provided i. Proposed scope of services is appropriate for all phases of the work. ii. Scope addresses all known project needs and appears achievable in the timeframes set forth in the project schedule. b. Project Deliverables i. Deliverables are appropriate to schedule and scope set forth in above requirements. c. Cost Control and Budgeting Methodology i. Proposer has a system or process for managing cost and budget. ii. Evidence of successful budget management for a similar project. 5. Schedule of Work (10 points) a. Schedule shows completion of the work within or preferably prior to the City's overall time limits. b. The schedule serves as a project timeline, stating all major milestones and required submittals for project management and Federal -Aid compliance. c. The schedule addresses all knowable phases of the project, in accordance with the general requirements of this RFP. 6. Conflict of Interest Statement (Pass/Fail) a. Discloses any financial, business or other relationship with the City that may have an impact upon the outcome of the contract or the construction project. b. Lists current clients who may have a financial interest in the outcome of this contract or the construction project that will follow. c. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project. 7. Local Presence (5 points) a. A statement addressing firm's ability to establish an office within the County or surrounding area. I 8. References (5 points) a. Provide as reference the name of at least five (5) agencies you currently or have previously consulted for in the past five (5)years. Page 9 of 11 ` , k&\ �sa&ZZl a ravxg a P1111r►1v wW*8 The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Consultants should be aware that award may be made without consultant visits, interviews, or further discussion or negotiations. XI. GENERAL CONDITIONS A. Signature The Proposal shall be signed by an individual authorized to bind the consultant. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.sealbeachca. ov . D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon Page 10 of 11 Wks or arising from the failure of any work related to the Project to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the consultant to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the consultant and each subcontractor, if any, in the bid proposal. Page 11 of 11 * a � fv f �WWA love wg �Jjj EXHIBIT A SAMPLE PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT for Local Assistant Federal -Aid Project Project No. ATPSB1 L-5229(017) for Professional Engineering Design Services between EA( 7 fA City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 <ConsLiltant Names <Address> <City, State, Zip Codes <Phone Numbers This Professional Service Agreement ("the Agreement") is made as of <INSERT DATES (the "Effective Date"), by and between <INSERT CONSULTANT NAMES ("CONSULTANT"), <INSERT TYPE OF LEGAL ENTITY (e.g., a California corporation, partnership, etc.)> and the City of Seal Beach ("CITY"), a California charter city, (collectively, "the Parties"). RECITALS A. CITY received a grant from the Active Transportation Program (ATP) and the California Department of Transportation ("Caltrans") Active Transportation Program ("ATP") in 2016 for the Lampson Avenue Bike Lane Gap Closure design, a local assistance federal -aid project (Project No. ATPSB1 L-5229(017) (the "Project"). B. CITY desires certain professional engineering design services to carry out the Project. C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), CITY desires to engage CONSULTANT to provide engineering design professional services in the manner set forth herein and more fully described in Section 1.0. D. CONSULTANT represents that the principal members of its firm are qualified registered civil engineers and are fully qualified and licensed under California law to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT ARTICLE I INTRODUCTION A. This Agreement is between CITY and CONSULTANT for professional engineering design services as detailed in the Request for Proposals incorporated by reference in Article II Scope of Work of this Agreement. B. The Project Manager for the "CONSULTANT" will be <NAME>. The Contract Administrator for CITY will be Iris Lee, Deputy Public Works Director/City Engineer. ARTICLE II STATEMENT OF WORK A. CONSULTANT shall provide the work and other services (collectively "Scope of Services") set forth in the Request for Proposal ("RFP") attached hereto as Exhibit A, and CONSULTANT's Proposal, Exhibit B., incorporated herein by this reference. To the extent that there is any conflict between Exhibits A and B and this Agreement, this Agreement shall control. B. CONSULTANT shall perform the Scope of Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to CITY. C. In performing this Agreement, CONSULTANT shall comply with all applicable provisions of federal, state, and local law. 2of30 D. As a material inducement to CITY to enter into this Agreement, CONSULTANT hereby represents that it has the experience necessary to undertake the Scope of Services to be provided. In light of such status and experience, CONSULTANT hereby covenants that it shall follow the customary professional standards in performing all work or other services under the Scope of Services. CITY relies upon the skill of CONSULTANT, and CONSULTANT's staff, if any, to do and perform the Scope of Services in a skillful, competent, and professional manner, and CONSULTANT and CONSULTANT's staff, shall perform the Scope of Services in such manner. CONSULTANT shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of CONSULTANT's work or other services by CITY shall not operate as a release of CONSULTANT from such standard of care and workmanship. E. CONSULTANT will not be compensated for any work or other services performed not specified in the Scope of Services unless CITY authorizes such work or other services in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 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 CITY's 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 CITY's Contract Administrator, as needed, to discuss progress on the Agreement. ARTICLE IV PERFORMANCE PERIOD A. This Agreement shall go into effect on <DATE>, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by the CITY Contract Administrator. The Agreement shall end on <DATE>, unless extended by amendment to this Agreement. B. CONSULTANT is advised that any recommendation for Agreement award is not binding on CITY until the Agreement is fully executed and approved by CITY. ARTICLE V ALLOWABLE COSTS AND PAYMENTS A. The method of payment for this Agreement 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 estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in 3 of 30 the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by Agreement 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 agreement is required, the Agreement time or actual costs reimbursable by CITY shall be adjusted by Agreement amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "I" of this Article shall not be exceeded, unless authorized by Agreement amendment. B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. CONSULTANT's agreement to the extension of the 1 -year applicable period shall not be a condition or qualification to be considered for the work or Agreement award. C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $<AMOUNT>. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment. D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. E. 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. F. 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 Article III Statement of Work, CITY shall have the right to delay payment or terminate this Agreement . G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement . H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY's Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) 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 Agreement number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT's work. Invoices shall be mailed to CITY's Contract Administrator at the following address: City of Seal Beach 211 - 8th Street Seal Beach, CA 90749 4 of 30 Attn: . Contract Administrator The total amount payable by CITY including the fixed fee shall not exceed $<AMOUNT>. J. 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. ARTICLE VI TERMINATION A. This Agreement may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. B. CITY may temporarily suspend this Agreement, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination. C. Notwithstanding any provisions of this Agreement, CONSULTANT shall not be relieved of liability to CITY for damages sustained by City by virtue of any breach of this Agreement by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined. D. In the event of termination, CONSULTANT shall be compensated as provided for in this Agreement. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. B. CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by CONSULTANT to CITY. 5of30 D. When CONSULTANT or a Subconsultant is a Non -Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. ARTICLE VIII RETENTION OF RECORD/AUDITS For the purpose of determining compliance with Government Code § 8546.7, CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including CONSULTANT's Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of CONSULTANT, Subconsultants, and CONSULTANT's Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. ARTICLE IX AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by CITY'S Chief Financial Officer. B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY'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 CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this Agreement. D. CONSULTANT and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, 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, CITY, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by the CITY Contract Administrator 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 Agreement by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have 6 of 30 access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. E. CONSULTANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. 1. During IOAI's review of the ICR audit work papers created by CONSULTANT's independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI. Accepted rates will be as follows: a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. 2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA -audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review CONSULTANT's and/or the independent CPA's revisions. 3. If CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this 7 of 30 accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. 4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. ARTICLE X SUBCONTRACTING A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CITY and any Subconsultants, and no subagreement shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to CITY for the acts and omissions of its Subconsultants 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 Subconsultants is an independent obligation from CITY's obligation to make payments to CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in CONSULTANT's approved Cost Proposal. C. Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted. D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to CONSULTANT by CITY. E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant. ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($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 approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY's Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. 8 of 30 C. Any equipment purchased with funds provided under the terms of this Agreement 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 five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, CONSULTANT may either keep the equipment and credit CITY 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 CITY procedures; and credit CITY 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 CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY. 2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. ARTICLE XII STATE PREVAILING WAGE RATES A. No CONSULTANT or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code § 1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. B. CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code § 1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov. D. Payroll Records 9 of 30 1. CONSULTANT and each Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code § 1776 and as defined in 8 CCR § 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code § 1771, § 1811, and § 1815 for any work performed by his or her employees on the public works project. 2. The payroll records enumerated under paragraph (1) above shall be certified as correct by CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representative's at all reasonable hours at the principal office of CONSULTANT. CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by CONSULTANT. c. The public shall not be given access to certified payroll records by CONSULTANT. CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request. CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of CONSULTANT or Subconsultant performing the work shall not be marked or obliterated. 5. CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. 10 of 30 6. CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. E. When prevailing wage rates apply, CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator. F. Penalty 1. CONSULTANT and any of its Subconsultants shall comply with Labor Code § 1774 and § 1775. Pursuant to Labor Code § 1775, CONSULTANT and any Subconsultant shall forfeit to CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§ 1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement. 3. In addition to the penalty and pursuant to Labor Code § 1775, 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 shall be paid to each worker by CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: 11 of 30 a. The AGREEMENT executed between CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code § 1775, CITY shall notify CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY. G. Hours of Labor Eight (8) hours labor constitutes a legal day's work. CONSULTANT shall forfeit, as a penalty to CITY, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§ 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in § 1815. H. Employment of Apprentices Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), CONSULTANT and any subconsultants under him or 12 of 30 her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. 2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey- to- apprentice ratios for the Agreement work. CONSULTANT is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code § 1777.7. ARTICLE XIII CONFLICT OF INTEREST A. During the term of this AGREEMENT, CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow. B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law. C. 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 Agreement. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. D. CONSULTANT hereby certifies that CONSULTANT or any subconsultant and any firm affiliated with CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION CONSULTANT warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY 13 of 30 employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. ARTICLE XV NON-DISCRIMINATION CLAUSE AND 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 California Government Code § 12990 and 2 CCR § 8103. B. During the performance of this Agreement, CONSULTANT and its subconsultants shall not deny the Agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 et seq.), the applicable regulations promulgated there under (2 CCR § 11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code § 12990 (a -f), set forth 2 CCR §§ 8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause. E. 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. F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 14 of 30 G. CONSULTANT, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States 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. H. CONSULTANT shall comply with regulations relative to non-discrimination in federally -assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR § 21.5, including employment practices and the selection and retention of Subconsultants. ARTICLE XVI 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 or any person associated therewith in the capacity of owner, partner, director, officer or manager: 1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3. Does not have a proposed debarment pending; and 4. 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. B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA. ARTICLE XVII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This Agreement is subject to 49 CFR Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". CONSULTANTs who enter into a federally -funded agreement will assist CITY in a good faith effort to achieve California's statewide overall DBE goal. 15 of 30 B. The goal for DBE participation for this A reement is twelve precent 12%.) Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-01: Consultant Proposal DBE Commitment , or in Exhibit 10-02: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. 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. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, CONSULTANT must complete and submit Exhibit 15-H: DBE Information — Good Faith Efforts to document efforts to meet the goal. 49 CFR Part 26 shall comply to provide guidance regarding evaluation of good faith efforts to meet the DBE goal. D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of Agreements financed in whole or in part with federal funds. CITY, 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 DOT -assisted contracts. Failure by CONSULTANT to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as CITY deems appropriate, which may include, but is not limited to: 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the contractor from future bidding as non -responsible E. A DBE firm may be terminated only with prior written approval from CITY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting CITY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR § 26.53(f). 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. F. CONSULTANT shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of CONSULTANT) pursuant to prior written authorization of CITY's Contract Administrator. G. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF will be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is 16 of 30 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 Agreement, 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 Agreement is commensurate with the work it is actually performing, and other relevant factors. H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, 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. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement 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. 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 CONSULTANT's shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. K. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, Exhibit 17-F: Final Report -Utilization of DisadvaritagedBusiness Enterpt sc, (QBE) First -Tier Subconsultants, certified correct by CONSULTANT or CONSULTANT's authorized representative and shall be furnished to CITY's 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 CITY Contract Administrator. If a DBE subconsultant is decertified during the life of the Agreement, 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 Agreement, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY's Contract Administrator within thirty (30) calendar days. M. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 17 of 30 ARTICLE XVIII INSURANCE A. CONSULTANT shall not commence work under this Agreement until it has provided evidence satisfactory to CITY that CONSULTANT has secured all insurance required under this Article. CONSULTANT shall furnish CITY with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to CITY. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates and endorsements shall be received and approved by CITY before work commences. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. B. CONSULTANT shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and (4) if required by CITY, Professional Liability coverage (or Errors and Omissions coverage). CONSULTANT shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/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) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. C. The insurance policies shall contain the following provisions, or CONSULTANT shall provide endorsements on forms supplied or approved by CITY to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to CITY; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the CITY, its officials, officers, employees, agents and volunteers, and independent contractors serving in the role of CITY officials; (3) coverage shall be primary insurance as respects CITY, its officials, officers, employees, agents, volunteers, and independent contractors serving in the role of CITY officials, or if excess, shall stand in an unbroken chain of coverage excess of CONSULTANT's scheduled underlying coverage and that any insurance or self-insurance maintained by CITY, its , officials, officers, employees, agents, volunteers and independent contractors serving in the role of CITY officials, shall be excess of CONSULTANT's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, 18 of 30 that CITY, its officials, officers, employees, agents, volunteers and independent contractors serving in the role of CITY officials, shall be covered as additional insureds with respect to the services or operations performed by or on behalf of CONSULTANT, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that CITY, its officials, officers, employees, agents, volunteers and independent contractors serving in the role of CITY officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by CONSULTANT or for which CONSULTANT is responsible. D. All insurance required by this Article shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to CITY, its officials, officers, employees, agents, volunteers, and independent contractors serving in the role of CITY officials. E. Any deductibles or self-insured retentions shall be declared to and approved by CITY. CONSULTANT guarantees that, at the option of CITY, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officials, officers, employees, agents, volunteers, and independent contractors serving in the role of CITY officials; or (2) CONSULTANT shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. ARTICLE XIX FUNDING REQUIREMENTS A. It is mutually understood between the parties that this Agreement 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 Agreement were executed after that determination was made. B. This Agreement is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council of CITY that may affect the provisions, terms, or funding of this Agreement in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. D. CITY has the option to terminate the Agreement pursuant to Article VI Termination, or by mutual agreement to amend the Agreement to reflect any reduction of funds. ARTICLE XX CHANGE IN TERMS A. This Agreement 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 CITY's Contract Administrator. 19 of 30 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 Agreement without prior written approval by CITY's Contract Administrator. ARTICLE XXI CONTINGENT FEE CONSULTANT warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement 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, CITY has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XXII DISPUTES Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good -faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. A. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of CITY's Contract Administrator and Director of Public Works, who may consider written or verbal information submitted by CONSULTANT. B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by City Council of CITY 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 Agreement. ARTICLE XXIII INSPECTION OF WORK CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement. 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 CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. 20 of 30 B. Pursuant to the authority contained in Vehicle Code § 591, CITY 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. ARTICLE XXV. OWNERSHIP OF DATA A. It is mutually agreed that all materials prepared by CONSULTANT under this Agreement shall become the property of CITY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, CITY shall be entitled to, and CONSULTANT shall deliver to CITY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this Agreement which is not CONSULTANT's privileged information, as defined by law, or CONSULTANT's personnel information, along with all other property belonging exclusively to CITY which is in CONSULTANT's possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by CITY. B. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of CITY without restriction or limitation upon its use or dissemination by CITY. C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by CITY for another project or project location shall be at City's sole risk. 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. CITY 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. ARTICLE XXVI CLAIMS FILED BY CITY'S CONSTRUCTION CONTRACTOR A. If claims are filed by CITY'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 21 of 30 CITY'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 CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this Agreement. C. Services of CONSULTANT's personnel in connection with CITY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims. ARTICLE XXVII CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to CITY's operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this Agreement, shall be protected by CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the Agreement, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by CITY, and receipt of CITY'S written permission. D. All subcontract agreements entered into as a result of this Agreement shall contain all provisions of this Article. E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. ARTICLE XXVIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code § 10296, 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 XXIX EVALUATION OF CONSULTANT CONSULTANT's performance will be evaluated by CITY. 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 Agreement record. 22 of 30 ARTICLE XXX RETENTION OF FUNDS A. No retainage will be withheld by CITY from progress payments due CONSULTANT. Retainage by CONSULTANT or subconsultants is prohibited, and no retainage will be held by CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code § 7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non - DBE CONSULTANT and subconsultants. ARTICLE XXXI NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this Agreement 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: ___ _(CONSULTANT) (NAME=) Project Manager (ADDRESS) CITY: CITY OF SEAL BEACH IRIS LEE Contract Administrator 211 - 8TH STREET S AL BEACH. CA 90740 ARTICLE XXXII INDEPENDENT CONTRACTOR A. CONSULTANT is an independent contractor and not an employee of CITY. All work or other services provided pursuant to this Agreement shall be performed by or by CONSULTANT 's employees or other personnel under CONSULTANT 's supervision, and CONSULTANT and all of CONSULTANT 's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such work and other services, including, 23 of 30 without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. CONSULTANT will determine the means, methods, and details by which CONSULTANT 's personnel will perform the Services. CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the work and other services and compliance with the customary professional standards. B. All of CONSULTANT 's employees and other personnel performing any of the work and other services under this Agreement on behalf of CONSULTANT shall also not be employees of CITY and shall at all times be under CONSULTANT's exclusive direction and control. CONSULTANT and CONSULTANT 's personnel shall not supervise any of CITY's employees; and CITY's employees shall not supervise CONSULTANT 's personnel. CONSULTANT 's personnel shall not wear or display any CITY uniform, badge, identification number, or other information identifying such individual as an employee of CITY; and CONSULTANT 's personnel shall not use any CITY e-mail address or CITY telephone number in the performance of any of the work or other services under this Agreement. CONSULTANT shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as CONSULTANT's personnel require to perform any of the work or other services required by this Agreement. CONSULTANT shall perform all work or other services off of CITY premises at locations of CONSULTANT's choice, except as otherwise may from time to time be necessary in order for CONSULTANT's personnel to receive projects from CITY, meet with CITY officials or employees, review plans on file at CITY, pick up or deliver any work product related to CONSULTANT's performance of any of the work or other services under this Agreement, or as may be necessary to inspect or visit CITY locations and/or private property to perform such work or other services. CITY may make a computer available to CONSULTANT from time to time for CONSULTANT's personnel to obtain information about or to check on the status of projects pertaining to the work or other services under this Agreement. C. CONSULTANT shall be responsible for and pay all wages, salaries, benefits and other amounts due to CONSULTANT's personnel in connection with their performance of any work or other services under this Agreement and as required by law. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, CONSULTANT and any of its officers, employees, agents, and subcontractors providing any of the work or other services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by 24 of 30 CITY, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of CITY, and entitlement to any contribution to be paid by CITY for employer contributions or employee contributions for PERS benefits. D. CONSULTANT shall indemnify and hold harmless CITY and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to CONSULTANT's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Article XXXIII. In addition to all other remedies available under law, CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any reimbursement or indemnification arising under this Article. This duty of indemnification is in addition to CONSULTANT's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. ARTICLE XXXIII PERS COMPLIANCE AND INDEMNIFICATION A. General Requirements. The Parties acknowledge that CITY is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. CONSULTANT agrees that, in providing its employees and any other personnel to CITY to perform any work or other services under this Agreement, CONSULTANT shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, CONSULTANT shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause CITY to be in violation of the applicable retirement laws and regulations. B. Indemnification. CONSULTANT shall defend (with legal counsel approved by CITY, whose approval shall not be unreasonably withheld), indemnify and hold harmless CITY, and CITY'S officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to CONSULTANT's violation of any provisions of this Article XXXIV. This duty of indemnification is in addition to CONSULTANT's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 25 of 30 ARTICLE XXXIV INDEMNIFICATION, HOLD HARMLESS AND DUTY TO DEFEND CONSULTANT and CITY agree that CITY, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CITY agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Article XXXV) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to CITY and all other Indemnitees. CONSULTANT acknowledges that CITY would not have entered into this Agreement in the absence of the commitment of CONSULTANT to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. A. Indemnity for Design Professional Services. To the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT , and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to CONSULTANT exceed CONSULTANT 's proportionate percentage of fault. B. Other Indemnitees. Other than in the performance of design professional services, and to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively 26 of 30 "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. C. Subconsultant and Other Subcontractor Indemnification. CONSULTANT shall obtain executed indemnity agreements with provisions identical to those in this Article XXXV from each and every Subconsultant or subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. If CONSULTANT fails to obtain such indemnities, CONSULTANT shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of CONSULTANT's Subconsultant or subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT's Subconsultant or subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. D. The obligations of CONSULTANT under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. CONSULTANT's indemnity obligation set forth in this Article XXXV shall not be limited by the limits of any policies of insurance required or provided by CONSULTANT pursuant to this Agreement. E. CONSULTANT's covenants under this Article XXXV shall survive the expiration or termination of this Agreement. 27 of 30 ARTICLE XXXV MISCELLANEOUS A. Assignment. CONSULTANT shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of CITY. Any purported assignment without such consent shall be void and without effect. B. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. C. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. D. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. E. No Third Party Rights. No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. F. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. G. Exhibits. All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. H. Corporate Authority. The person executing this Agreement on behalf of CONSULTANT warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the CONSULTANT is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 28 of 30 CITY OF SEAL BEACH CONSULTANT: <Consultant>, a <iNSERT TYPE OF ENTITY (e.g., a California corporations Jill R. Ingram, City Manager By: Name: Its: Attest: By: Name: By: Its: Gloria D. Harper, City Clerk Approved as to Form: in Craig A. Steele, City Attorney Exhibit A: Request for Proposal Exhibit B: Proposal (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 29 of 30 23873970 [2/4/2020] EXHIBIT A Request for Proposal EXHIBIT B Consultant's Proposal I�il� w.mr�ri EXHIBIT B LAMPSON AVENUE BIKE LANE GAP CLOSURE Concept Plans � d H� b Y�7 1�3rq�� 38 )y3s M z MW = gW ww U t� J Z La N •��. w a Z W V) U w > w S LLI= J w g �N 7 ao0 s o m 3 � Z U O i w N d d 0 s � d H� b Y�7 1�3rq�� 38 )y3s M z MW = gW I U w w Z g La N W m Ce CL a Z W m w > w S LLI= J w g �N w ao0 W (n Z U O w N d d 0 O g r F U Z w� 'a 3 w 82p 0 i a 0 a 5 U d � S z Z E2 w z 0 z w z Q uj Mgt F46 z �€� O U W d' W H Z Z N o � Q U � J Q' Q F- z V) O U Z m 3 0 0 F_ z O U Z J Q Z O N U W H 0 a ``' CL W J S J U Q N N Z W O z M O F W W 2 N W W N £ 30 £ 133HS 33S 0-0 3NIlHO1dW 5 z O U La rn Li H Z z — O L a U 0 J 2' Q H Z N 0 z N O U z Of 3 O o o D z O U } z J Q Z w O N Li U w H Li � a W J 2 J U Q to Z_ W �� O s Z �..I U Z 1 9 e� J w � Q > Lu a 0 (n Z U o a Z - a J w r Y h� z DO, 0 W -2i 0 �f 1 m - Tm rc -1 h g 0 SloOwl lz n - J rta1' 3 W� x _ s L - U l.. - N :1 Z Z s` D J •� d' Q - H Z w N C7 O U Z n � •_r:•.r ! `l _ " CHUB DW� O Q � z O D z O W U J - � n N �i ti•, Z d' g O U Q ~ w - n a W CL J w V) V) w �aiiu ��GW 2 30 Z 133HS 33S O—O 3NIlHO1VW A&I &dzk f2�a;,Wx- EXHIBIT C LAMPSON AVENUE BIKE LANE GAP CLOSURE Funding Authorization DEPARTMENT OF TRANSPORTATION DISTRICT 12 1750 EAST 4TH STREET, SUITE 100 SANTA ANA, CA 92705 PHONE (657) 328-6000 FAX (657) 328-6522 TTY 711 www.dot.co.goy/caltrans-near-me/district) 2 January 30, 2020 Mr. Steve Myrter Public Works Director Department of Public Works 211 Eighth St. Seal Beach, CA 90740 Dear Mr. Steve Myrter, �i�.r�•r.►r.r�� Making Conservation a California Way of Life. ATPSBI L-5229(017) Lampson Ave from Seal Beach Blvd to Basswood Street in the City of Seal Beach Class II Bike Lanes We have reviewed and processed your obligation submittal for the above - referenced project through Caltrans Headquarters and the Federal Highway Administration (FHWA). You are hereby authorized the to begin the Preliminary Engineering phase of your project. Enclosed is a copy of the authorizing document (E-76) for your records. If you plan to utilize private/outside consultant services, please be reminded of the Consultant Selection and Audit Process as outlined in Chapter 10 of our Local Assistance Procedures Manual (LAPM). Effective October 1, 2017, if a consultant is to be used to execute the environmental study and /or design portion, local agencies must submit a completed Exhibit 10-C for new or amended federal and/or state funded A&E consultant contracts to aeoveisiqhh)dot.casciov for Caltrans review and acceptance prior to contract award. Execution of an A&E consultant contract 'without Caltrans acceptance of Exhibit 10-C may result in ineligibility for reimbursement. The Office of Guidance and Oversight (GO) will notify the local agency and DLAE of Exhibit 10-C acceptance or rejection within 5 business days. If there are any changes to the contract after Caltrans acceptance of Exhibit 10-C, the local agency must notify the Office of GO and provide a copy of an updated Exhibit 10-C and all contract amendments to aeoversicth t @doi.ca.aov , Please be reminded of the invoice processing requirements and reimbursement process in Chapter 5 of the LAPM. Invoices for reimbursement cannot be "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" Mr. Steve Myrter ATPS BI L-5229(017) January 30, 2020 Page 2 submitted until after funds are encumbered via an executed Program Supplemental Agreement (PSA) and an executed Finance Letter. If you have any questions, please call Anh Nghiem at (657) 328-6290. Sincerel Tifini Tran Y District Local Assistance Engineer Attachment: E-76 Preliminary Engineering Authorization c: Iris Lee, Deputy Director of Public Works / City Engineer "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" I 0 6 0 O O O O p o O O O 0 O O b 0 0 0 00 O O O �y Www www www www Q vii Sdo oo$ �'OO Sod 0 a %u2 Sa4a g W w w 0 grr�g�4QQ 9 9 ooO q q Oas52 8SR 5;mm P.85i o Cl)m Ow v► a 2 C s mo C,m oQF4 & o aQ Y Oc w >_Wo o W �k-- > Z �pj_<WO 0 12 aaaa W a JLLO CJ¢Woo F 00 LL CO LL a o MamaavWw<w o m i3 W CL z G L 0 q 0� �w 1° :3:3 mai m�Q %O o'Owo�>-fro Wim � D � 11�m EL co i � to iC H w iCIE� 3 oa6 ��� E � UUU OOQ it 0 a No 0) 6_ m m� � o m� o r EO p O y J O w OO �. 10 lC ¢a m� S LL O .i Q N a �vmO m �Z2 Nry W� $ vo CL c c °m m v � m D ® O E exi S 30 m O p N l71 E xUE An N SN ..dE m 16 Q m 7 o v� it ? g� Gd N N $— a m- o 0- IoMcN r;2I_o CLO cAo Z. aOa �VNo a E9F'§ N .e Q_° Em =ma -@jo baa �LLLLFCjloc LLF Q l� O m m o � tK 3sf]j - Q'D N a R N N o 'a a Ocpa1 d w W f- WO a ❑ ° W CO LL O 0 O �Z O o z >� w W (!) z a z m T- o Q (n �03 in w w 0 r � Z LL Om (j) w o O? QyY W �pH aY0 C7 � o U LL w EL wW O iL w)0-pOH66 CO) M0, as} o u o Oa d�=-M W OU -IL I 0 6 0 O O O O p o O O O 0 O O b 0 0 0 00 O O O �y Www www www www Q vii Sdo oo$ �'OO Sod 0 a %u2 Sa4a g W w w 0 grr�g�4QQ 9 9 ooO q q Oas52 8SR 5;mm P.85i o Cl)m Ow v► a 2 C s mo C,m oQF4 & o aQ Y Oc w >_Wo o W �k-- > Z �pj_<WO 0 12 aaaa W a JLLO CJ¢Woo F 00 LL CO LL a o MamaavWw<w o m i3 W CL z G L 0 q 0� �w 1° :3:3 mai m�Q %O o'Owo�>-fro Wim � D � 11�m EL co i � to iC H w iCIE� 3 oa6 ��� E � UUU OOQ it 0 a No 0) 6_ m m� � o m� o r EO p O y J O w OO �. 10 lC ¢a m� S LL O .i Q N a �vmO m �Z2 Nry W� $ vo CL c c °m m v � m D ® O E exi S 30 m O p N l71 E xUE An N SN ..dE m 16 Q m 7 o v� it ? g� Gd N N $— a m- o 0- IoMcN r;2I_o CLO cAo Z. aOa �VNo a E9F'§ N .e Q_° Em =ma -@jo baa �LLLLFCjloc LLF Q l� O m m o � tK 3sf]j - Q'D N a R N N o 'a a ■ < $r o � §2§)§ co §§§a§ §3§§§ § 22) t � i.-9 6� Q2 CD 2 \ mB�B� § .2 R- R-)�9 � ■OZXZ a 012 LU CL $ w z z z § e&3a � � OLL /Dozz ƒ� z � § \ K§\ § U) � k j $ * " f; ' " '3� Pff3A"6"6'- 4�8 EXHIBIT D LAMPSON AVENUE BIKE LANE GAP CLOSURE Environmental Documentation CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM 2 -ORA -Seal Beach NIA NIA ATPSB1L5229 (017) Dist: Co. -Rte. or Local Agency) P.M./P.M. E.AlPmjact No. Federal -Aid Project No. Local Project)/Project No. PROJECT DESCRIPTION: (Briefly describe project including need, purpose, location, limits, right-of-way requirements, and activities involved in this box. Use Continuation Sheet, ifnecessarv.) The City of Seal Beach proposes to install Class 11 bike lanes along Lampson Avenue in Orange County, California. The project will take place on Lampson Avenue between Seal Beach Boulevard and Basswood Street. Work activities will Include installing bicycle lanes, adding signage and striping, modifying pedestrian walkways, adding signal and pedestrian countdown heads, revising median landscaping, removing and replacing a catch basin, landscaping, and conducting ADA improvements. The purpose of the project is to increase safety for bicyclists by dedicating a separate lane for bicycle traffic. All work will take place within the existing City right of way. CALTRANS CEQA DETERMINATION (Check one) ® Not Applicable — Caltrans is not the CEQA Lead Agency ❑ Not Applicable — Caltrans has prepared an Initial Study or Environmental Impact Report under CEQA ❑ Exempt by Statute. (PRC 21080[b]; 14 CCR 15260 et seq.) Based on an examination of this proposal, supporting information, and the above statements, the project is: ❑ Categorically Exempt. Class . (PRC 21084; 14 CCR 15300 at seq.) ❑ Categorically Exempt, General Rule exemption. [This project does flat fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (CCR 15061[b][3].) NIA Print Name: Senior Environmental Planner or Environmental Branch Chief NIA Print Name: Project Manager Signature Date Signature Date NEPA COMPLIANCE In accordance with 23 CFR 771.117, and based on an examination of this proposal and supporting information, the State has determined that this project: ■ does not individually or cumulatively have a significant impact on the environment as defined by NEPA, and is excluded from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS), and • has considered unusual circumstances pursuant to 23 CFR 771.117(b). 'CAI -TRANS NEPA DETERMINATION (Check one) ® 23 USC 326: The State has determined that this project has no significant impacts on the environment as defined by NEPA, and that there are no unusual circumstances as described in 23 CFR 771.117(b). As such, the project Is categorically excluded from the requirements to prepare an EA or EIS under the National Environmental Policy Act. The State has been assigned, and hereby certifies that it has carried out the responsibility to make this determination pursuant to Chapter 3 of Title 23, United States Code, Section 326 and a Memorandum of Understanding dated May 31, 2016, executed between the FHWA and the State. The State has determined that the project is a Categorical Exclusion under: 0 23 CFR 771.117(c): activity (c)(_3_) ❑ 23 CFR 771.117(d): activity (d)() ❑ Activity _ listed in Appendix A of the MOU between FHWA and the State ❑ 23 USC 327: Based on an examination of this proposal and supporting information, the State has determined that the project is a Categorical Exclusion under 23 USC 327. The environmental review, consultation, and any other actions required by applicable Federal environmental laws for this project are being, or have been, carried out by Caltrans pursuant to 23 USC 327 and the Memorandum of Understanding dated December 23, 2016 and executed by FHWA and Caltrans. Charles Baker Tifini Tran Pont Name. S for Environmental Planner or Print Name: Project Manager/DLA Engineer Environ al 6kanch Ch �� l Sigirattor�--- Date Signatu date Date of Categorical Exclusion Checklist completion: 08/06/2019 Date of ECR or equivalent: 08/06/2019 Briefly list environmental commitments on continuation sheet. Reference additional information, as appropriate (e.g., CE checklist, additional studies and design conditions). Page t of 2 September 8, 2017 CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheat 12 -ORA -Seal Beach NIA NIA ATPSB7 L 5229 (017) Dist. -Co. -Fite. or Local 6g2ncP M IF M E.A1Prelect No. Federal -Aid Project No, Local Pro ect IPro ect No. Continued from page 1 The project will Include, as applicable. the following standardized features that are included as part of the project description (htip:lAwww.dot.ca.govldesloelconsiructfon-contract-standards.html). Standardized features (such as Best Management Practices [BMPs)) are those features that are generally applied to most or all Department protects. These standardized or pre-existing features allow little discretion regarding their implementation and are not sped is to the circufnstarnres of a particular project. In addition to the measures given In the Caltrans Standard Specifications, the following measures will be implemented as project elements to the proposed project: Page 2 of 2 September 8, 2017 If,rA��� (CrS:�:ik,'eL�.:� MW Prill� Works EXHIBIT E LAMPSON AVENUE BIKE LANE GAP CLOSURE Caltrans LAPM Chapter 10 Forms (The attached forms are for reference only. Consultant shall verify with Caltans LAPM for the latest applicable forms) Local Assistance Procedures Manual EXHIBIT 10-B Suggested Consultant Evaluation Sheet EXHIBIT 10-B SUGGESTED CONSULTANT EVALUATION SHEET* CONSULTANT/FIRM NAME: Criteria Max Points Rating Understanding of the work to be done 25 Experience with similar kinds of work 20 Quality of staff for work to be done 15 Capability of developing innovative or advanced techniques 10 Familiarity with state and federal procedures 10 Financial responsibility 10 10 Demonstrated Technical Ability Total 100 0 Evaluator Print Name; Signature: _ Date: *Notes Contract Office Initials: Date: 1. To maintain the integrity of a competitive negotiation/qualifications based selection procurement, the total of all allowable non -qualifications based evaluation criterion (such as local presence or DBE participation) cannot exceed ten (10) percent of the total evaluation criteria. The ten percent limitation applies only to non - qualifications based evaluation criterion and should not be considered as a limitation for specific DBE contract goals established by a contracting agency in accordance with its approved DBE program. (see hitp:llwww,flora.dot.govJ2rograi adiniWI724a 07.etin). 2. For projects other than "Architectural & Engineering" services, as defined in Section 10. 1, cost is one of the criteria, or may be the sole criterion. DBE participation by the consultant shall not be used as one of the criteria listed above. 3. The evaluation criteria and suggested maximum points shown above are not mandatory, but are recommended in the interest of maintaining consistency among the hundreds of agencies utilizing federal or state funds. 4. The evaluation criteria and weighted values must be identified in the RFP. If the RFP has different evaluation criteria or weighted values then the information above would have to be changed to match. The Contract Office is to initial and date in the space provided to verify that the criteria and weighted values used in the evaluation sheet are appropriate and that the sheet has been completed correctly. 5. Caltrans participation on the interview panel does not relieve the local agency of its responsibility to ensure that proper procurement procedures are followed and requirements are met. Distribution: Local Agency Project Files Page 1 of 1 Last Updated February 12, 2015 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT IO -HI COST PROPOSAL Page I of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark-ups are Not Allowed ❑ Prime Consultant ❑ Subconsultant ❑ 2°d Tier Subconsultant Consultant Project No. IIIRF.('T I.ARnR Contract No. Date Classification/Title Name Hours Actual Hourly Rate Total $ 0.00 Permit Fees $ 0.00 Plan Sheets $ 0.00 $ 0.00 $ 0.00 $ 0.00 Test $ 0.00 LABOR COSTS a) Subtotal Direct Labor Costs $ 0.00 b) Anticipated Salary Increases (see page 2 for calculation) c) TOTAL DIRECT LABOR COSTS [(a) + (b)] INDIRECT COSTS d) Fringe Benefits (Rate: 0.000% ) e) Total Fringe Benefits [(c) x (d)] $ 0.00 f) Overhead (Rate: 0.000% ) g) Overhead [(c) x (f)] $ 0.00 h) General and Administrative (Rate: 0.001/6 ) i) Gen & Admin [(c) x (h)] $ 0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 0.00 $ 0.00 FIXED FEE k) TOTAL FIXED FEE [(c) + 0)] x fixed fee 0.00% ] $ 0.00 Il CnNSIILTANT'S OTHER DIRECT COSTS f0110 — ITEMIZE (Add additional napes if neeessarv) Description of Item Quantity Unit Unit Cost Total Mileage Costs $ 0.00 E ui ment Rental and SuDr)lies $ 0.00 Permit Fees $ 0.00 Plan Sheets $ 0.00 Test $ 0.00 l) TOTAL OTHER DIRECTCOSTS ,It 0.00 m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: m) TOTAL SUBCONSULTANTS' COSTS 0.00 n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1)+(m)] 50.00 TOTAL COST [(c) + 0) + (k) + (n)] $ 0.00 NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. Page 1 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 1 0-H1 COST PROPOSAL Page 2 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) EXHIBIT 10-H1 Cost Proposal 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5 Year Subtotal per Cost Cost Proposal Hourly Contract Proposal Rate Duration $250,00000 500 = $5000 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) NOTES: 1 This is not the onlyway to estimate salary increases Other methodswill be accepted if they clearlyindicate the increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2 An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable (i.e $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3 This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted 4 Calculations for anticipated salary escalation must be provided Page 2 of 9 January 2020 Avg Hourly Rate Proposed Escalation Year 1 $5000 + 2% _ $51.00 Year 2 Avg Hourly Rate Year 2 $51 00 + 2% _ $5202 Year 3 Avg Hourly Rate Year 3 $5202 + 2% _ $53.06 Year 4 Avg Hourly Rate Year 4 $5306 + 2% _ $5412 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year Year 1 20.0% 5000 = 1000 Estimated Hours Year 1 Year 2 40.0% 5000 = 2000 Estimated Hours Year 2 Year 3 150% 5000 = 750 Estimated Hours Year 3 Year 4 150% 5000 = 750 Estimated Hours Year 4 Year 5 10,0% 5000 = 500 Estimated Hours Year 5 Total 100% Total = 5000 4. Calculate Total Cask 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 $5000 1000 = $50.00000 Estimated Hours Year 1 Year 2 $51 00 2000 — $102,00000 Estimated Hours Year 2 Year 3 $52 02 750 — $39,01500 Estimated Hours Year 3 Year 4 $53.06 750 = $39,795.30 Estimated Hours Year 4 Year 5 $54 12 500 — $27,06080 Estimated Hours Year 5 Total Direct Labor Cost with Escalation — $257,871 10 Direct Labor Subtotal before Escalation w $250,000.00 Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10 NOTES: 1 This is not the onlyway to estimate salary increases Other methodswill be accepted if they clearlyindicate the increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2 An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable (i.e $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3 This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted 4 Calculations for anticipated salary escalation must be provided Page 2 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H 1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: EXHIBIT 10-H1 Cost Proposal I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1 Generally Accepted Accounting Principles (GAAP) 2 Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6 48 Code of Federal Re ulg lations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts All documentation of compliance must be retained in the projectfiles and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s), Prime Consultant or Subconsultant Certifying:_ Name: Title *: Signature Date of Certification (mm/dd/yyyy). Email Address: Phone Number *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract List services the consultant is providin_g underthe proposed contract: Page 3 of 9 January 2020 m 0 a J Q U) 0 IL 0 0� a 0 U N 2 0 t m_ x W C V) C O U U) N 11 C 75 U) Q O U 0 z 5 ca C O U z 0 F- 0 0 LL z z O_ Q J D U J Q U z 0 Q O LL z CD z J J m T o � 0 � U � C U_ O O O vi EA EA U C) C U 0 cu Q) L E ai E O a CM e O U II p = II a) jL II o o 0 m O W m U m m m A = Z cz U U -�i c -�i c :3 m E la - a E E Q Q Q U a m 0 z 0 z � m v a) 00 O N v aJ EF, (A o0 00 on 00 00 M t 0 0 o 0 t t o � NO o O o 0 0 0 o o o o 0 o 0 w 0) a N 0 0 o o o 0 N N F- > U a) m o 0 o 0 o o 0 0 0 m a cu (U HT ER 64 EiT EA EA rn m `oma C C C T LL LL LL cn O w NNM LL N y+ � U LL O c Lr - O U_ �ff- o E (D ti 00 (D ti 00 (U E :2 W I- M O U O E E 0 0 0 O I N iL E E 6 O LL NNN NNN(`lNN O LL O LL NNN z 0 F- 0 0 LL z z O_ Q J D U J Q U z 0 Q O LL z CD z J J m T O O O O O O C O O O vi EA EA O O O H4 Fs? ffi C) Q) O O O O O O CM e 000 000 U .0 A = U cz U U :3 m a la - a U a o z 0 z 0 z 00 00 oa EF, (A o0 00 on 00 00 M 0 0 0 0 o 0 00 on o � O o 0 0 0 o o o o 0 o 0 0 o 0 0) a o 0 o 0 0 o o o 0 o o n 0 0 0 > U O O O o 0 o 0 o o 0 0 0 0 o O a cu Ef, ER 64 HT ER 64 EiT EA EA EA ER ER co m m `oma T cn O u = a7 (D ti 00 (D ti 00 W h 00 •(D I- 00 W I- M O E E 0 0 0 0 0 0• E E E E E 6 o NNN NNN(`lNN N NN NNN j~ Q Q22 Mc`7Q Q22 Q'2222i2 QMQ p N N N N N N N N N •N N N N N N O N W f- 00 (D I- CO (D I- 00 rtD I- 00 W � a0 EEEEEOEEEEEOEEE j NNN NNN NNN•N NN NNN t5� 000000000000000 w EEEEEEEEo0EEEEo 000000000000000 000000000000000 x o 0 o0 0 0 0 0 0 O 0 o 0 o 0 C9 EA ER Ef, (A E» EA m Ef) NF- CAo �x 07�C) O O o 0 o 0 0 o 0 Doo O n o C O O O o 0 0 0 n o 0 0 0 0 0 0 000.000 0000001000 m Q m m m &9 EA EA m m EA EA ER w. 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CL Ca QoS>=�/; cuo m 0 E0 p§ ,±oe<m CD Cl %C%j 7 cm � § � Local Assistance Procedures Manual EXHIBIT 10-1-12 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: EXHIBIT 10-H2 Cost Proposal I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7 Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9 Title 23 United States Code Section 112 - Letting of Contracts 10.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Re ulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name:_ Signature Email Address Title* Date of Certification (mm/dd/yyyy): Phone Number * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Page 7of9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-1-13 Cost Proposal EXHIBIT 1 0-H3 COST PROPOSAL Pagel of 2 COST PER UNIT OF WORK CONTRACTS (GEOTECHNICAL AND MATERIAL TESTING) Note Mark-ups are Not Allowed D Prime Consultant D Subconsultant D 2'd Tier Subconsultant Consultant Project No Contract No. Date Unit/Item of Work: (Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study) Include as many Items as necessary. DIRECT LABOR Hours Billing Hourly Rate ($) Total ($) Professional (Classification)* Sub-professional/Technical** EQUIPMENT 1 (with Operator) EQUIPMENT 2 (with Operator) Consultant's Other Direct Costs fODCI— Itemize: Description of Item Quantity Unit Unit Cost Total Mileage Costs 2 1 $ 10.00 $ 20.00 Equipment Rental and Supplies 2 $ 20.00 $ 40.00 Permit Fees 3 $ 30.00 $ 90.00 Plan Sheets $ 0.00 Test $ 0.00 Subconsultant 1: $ 100.00 Subconsultant 2: $ 20000 Subconsultant 3: $ 300.00 Subconsultant 4: $500.00 Subconsultant 5: Note: Attach addWorval pages it necessary, TOTAL COST PER UNIT OF WORK NOTES: 1 Key personnel must be marked with an asterisk (') and employees that are subject to prevailing wage requirements must be marked with two asterisks (—). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals The cost proposal format shall not be amended. 2 Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public). 3 Mobilization/De-mobilization is based on site location and number and frequency of tests/items. 4 ODC items shall be based on actual costs and supported by historical data and other documentation. 5 ODC items that would be considered "tools of the trade" are not reimbursable 6. Billing Hourly Rates must be actual, allowable, and reasonable Page 8 of 9 January 2020 Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal EXHIBIT 10-H3 COST PROPOSAL Page 2 of 2 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal (s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 13. Generally Accepted Accounting Principles (GAAP) 14. Terms and conditions of the contract 15. Title 23 United States Code Section 112 - Letting of Contracts 16. 48 Code of Federal Regulations Part 31_ - Contract Cost Principles and Procedures 17. 23 Code of Federal Requlations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 18 48 Code of Federal Re ulation Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifvinq: Name Signature Email: Address Title": Date of Certification (mmlddlyyyyl Phone Number: * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Llsl ,Cr VIGC, lr1C GUl IbUll"dl 11 I, IJI UVIUII ILJ. UI IUCI U IC JA UPUJGU LoUl 111 OUL. Page 9of9 January 2020 Local Assistance Procedures Manual EXH BIT 10-1 Notice to Proposers DBE Information EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION (Federally funded projects only) The Agency has established a DBE goal for this Contract of 12% 1. TERMS AS USED IN THIS DOCUMENT • 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. The term "Agreement" also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. 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. 3. 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 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 meeting the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 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. ollowing: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. Page 1 of 2 January 2020 Local Assistance Procedures Manual EXHIBIT 10-1 Notice to Proposers DBE Information 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: htt s:lldot.ca. ov! rpgram irdbusiness-and-econ omic-o ortunit Idbt-search. 1. Click on the link titled Disadvantaged Business Enterprise; 2. Click on Search for a DBE Firm link,- 3. ink; 3. Click on Access to the DBE Query Form_ located on the first line in the center of the page. Searches can be performed by one or more criteria. Follow instructions on the screen. B. 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 lease 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 lease 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 services. Page 2 of 2 January 2020 Local Assistance Procedures Manual 1. Local Agency: 3. Project Description 4. Project Location: 5. Consultant's Name Consultant P EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 2. Contract DBE Goal: 7. Description of Work, Service, or Materials Supplied 8. DBE Certification Number Exhibit 10-01 DBE Commitment 6. Prime Certified DBE: Z 9. DBE Contact Information I 10. DBE Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION % 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate. required. 12. Preparer's Signature 13. Date 14. Preparer's Name J16. Preparer's Title IISTRIBUTION: Original — Included with consultant's proposal to local agency. 15. Phone ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95614. LPP 18-01 Page 1 of 2 January 2019 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment INSTRUCTIONS — CONSULTANT PROPOSAL DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.). 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 17. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 18. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 19. Proposed Contract Execution Date - Enter the proposed contract execution date. 20. Consultant's Ranking after Evaluation — Enter consultant's ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant. 21. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 23. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 24. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. LPP 18-01 Page 2 of 2 January 2019 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year quarter_ ff, loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: 8. Federal Action Number, if known: 10. Name and Address of Lobby Entity (If individual, last name, first name, MI) 12. 13. 15. CFDA Number, if applicable 9. Award Amount, if known: 11. Individuals Performing Services (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ ❑ actual ❑ planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission ❑a. cash -- d. contingent fee b. in-kind, specify: nature a deferred Value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheets) if necessary) 16. Continuation Sheet(s) attached: Yes ❑ No ❑ 17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: Federal Use Only: Standnrd Form LLL Rev. 04-28-06 Distribution: Orig- Local Agency Project Files Date: Authorized for Local Reproduction Standard Form - LLL Page 1 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP -DE -90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 14. Check all boxes that apply. If other, specify nature. 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 16. Check whether or not a continuation sheet(s) is attached. 17. The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 -minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF - LLL -Instructions Rev. 06-04 Page 2 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant's Full Legal Name: Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub -recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries. Combined Rate % OR Home Office Rate % and Field Office Rate (if applicable) % Facilities Capital Cost of Money % (if applicable) Fiscal period *, * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally - funded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Cade (t.S.C.) Scction 1 12.(13)(2); 4K UR. Part_ 3.1.201-2(d); 23 CFR, Chapter 1, fart [72.11 (a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost Page 1 of 2 March 2018 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal -Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties - 23 Cl- It kart 172.1 Uc)(4) • False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 ■ Major Fraud Act - Title 18 U.S.C. Section 1031 Ali A&E Contract Information: ■ Total participation amount $ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant's experience with 48 CFR Part 31 is • Audit history of the consultant's current and prior years (if applicable) ❑ Cognizant ICR Audit ❑ Local Gov't ICR Audit ❑ Caltrans ICR Audit ❑ CPA ICR Audit ❑ Federal Gov't ICR Audit I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with 'Title 23 U.S.C. Section It 2(b)(2).49 CFR Part 31, 23 CFR Part[ 72, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Signature: Email**: Title**: Date of Certification (mm/dd/yyyy): Phone Number**: **An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial infonnation used to establish the indirect cost rate. Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-Kforms. Caltrans will not process local agency's invoices until a complete Exhibit 10-Kform is accepted and approved by Caltrans Audits and Investigations. Distribution: 1) Original - Local Agency Project File 2) Copy - Consultant 3) Copy - Caltrans Audits and Investigations Page 2 of 2 March 2018 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1 Local Agency 3 Project Description 4 Project Location: 5 Consultant's Name 8. Total Dollar Amount for ALL Subconsultants 10. Description of Work, Service, or Materials Supplied Local Agency to Complete this Section 2 Contract DBE Goal: 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: 9. Total Number of ALL Subconsultants: 11. DBE 13. DBE Certification jjJ 12. DBE Contact Information Dollar Number Amount 20. Local Agency Contract Kh.mhcr• _ 21. Federal -Aid Project Number: 22. Contract Execution nata- Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. S 14. TOTAL CLAIMED DBE PARTICIPATION IMPORTANT: Identify all DBE fines being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE) Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 EXHIBIT B Consultant's Proposal Stantec Consulting Services Inc Stantec 38 Technology Drive, Irvine, California 92618 (949) 923-6000 March 6, 2020 'Dear Ms. Lee and Selection Committee Members: City of Seal Beach The City of Seal Beach proposes to install new bike lanes along Lampson Avenue to Public Works Department increase safety for bicyclists and thus closing this gap between Seal Beach Boulevard and Attn: Iris Lee, Deputy Public Basswood Street and connecting to the existing bike lanes. Knowing this, the City of Seal Works Director/City Engineer Beach (City) will benefit from our local, hands-on, current active transportation and 211 Eighth Street infrastructure design experience; understanding of the federally funded project approval Seal Beach, California 90740 process and procedures; and the proven ability to meet project schedules and budgets. RE: Proposal for Lampson Stantec Consulting Services Inc. (Stantec) is not only familiar with your City, we have more Avenue Bike Lane Gap Closure than three decades of experience improving mobility for all modes of travel, including (ST1811 /ATPSBI L-5229(017)) bicyclists, pedestrains and vehicles—ADA compliance, stakeholder coordination and collaboration, traffic issues, safety, and aesthetic expectations, to name a few. Our team is designed for you and this project. Here's how Thorough understanding of the project specifics. We have physically familiarized ourselves with the project site and have reviewed, in detail, the available record drawings to clearly understand the existing improvements and project implementation issues We've already started to identify solutions for potential project issues, as discussed in our Project Understanding section. The right experience to complete your project on schedule. Stantec has been working on roadway improvement projects throughout southern California for decades. As an example, we previously provided new bike lanes and improved safety along Newport Boulevard for the City of Newport Beach. This standout project was awarded the American Public Works Association (APWA), Southern California Chapter, B.E.S.T. Award for Traffic, Mobility, and Beautification. We also recently completed the design of the Fairview Road Safety Improvements project in the City of Costa Mesa, where we assisted the City with preparing and processing the Authorization to Proceed with Construction (F-76) package. Qualified key personnel and team created for you supported by specialized teaming partners. While the reputation and capacity of our team are important, perhaps most critical are the individuals assigned to lead your project. Our project manager, Jeff Wilkerson, PE, and principal -in -charge, Mohammad Heiat, PE, have been working together for the last 20 years on roadway projects. As a result, they will work seamlessly with one another to deliver your project on schedule and within budget Jeff brings 20 years of civil engineering experience working for both public and private clients, with an emphasis on city transportation projects. He has been responsible for the project management, conceptual level design, and delivery of final plans, specifications, and estimates (PS&E) for projects with a wide range of size and scope. Jeff is known for his hands-on design skills, organizational abilities, and delivering projects on time and under budget, and is currently helping the City of Buena Park implement their first Complete Streets project. Mohammad offers more than 35 years of civil engineering experience with extensive emphasis in transportation for a broad range of public works and private residential and commercial development projects. His experience includes an extensive list of capital improvement facilities design, roadway and intersection improvement plans, master plans, runoff management plans, and drainage structures. Specialty DBE subconsultant teaming partners. We are committed to meeting your 12 percent DBE goal. We have enlisted local Orange County firm, Coast Surveying Inc. (Coast Surveying) to augment our strengths. We bring a strong working relationship, having recently collaborated with them on the Highway Safety Improvement Program (HSIP) Cycle 6 project for the Cities of Orange and Costa Mesa. Coast Surveying has completed numerous roadway design surveys for various municipalities and Caltrans with similar scopes of work to this project, including the 1.5 -mile Hawthorne Boulevard project of the City of Hawthorne and the 6 -mile Rail -to -Rail project for Metro. In addition, Bess Testlab Inc. will povide utility potholing for the project. Proven successful budget and schedule processes. We pride ourselves on finding solutions and apply our creativity to the available resources to deliver project elements that will have a lasting impact. Our state-of-the-art accounting system and labor distribution reports are expedited on a weekly basis to Jeff to help ensure we are on target with your goals for successful—timely and on-budget—delivery! We have reviewed your Professional Services Agreement (PSA) and are confident that should we be selected for this assignment, we will be able to conclude a mutually satisfactory contract with you. Should you have any questions or require additional information about our proposal, please contact us at the information below. We are confident that a successful Lampson Avenue Bike Gap Closure project is just around the corner. Sincerely, STANTEC CONSULTING SERVICES INC. J it Wilkerson, PE Mohammad Heiat, PE roject Manager Principal -in -Charge (949) 923-6959 (949) 923-6962 jeff.wilkerson@stantec.com mohammad.heiat@stantec.com Table of contents A. Stantec Qualifications................................................... 1 Schedule....................................................................... 4 ProjectHours................................................................ 5 Project Understanding................................................... 6 Project Controls............................................................ 15 Relevant Projects and References ................................. 17 G. Contract and Insurance Exceptions ................................ 24 H. Business Entity Type ..................................................... 24 I. Conflict of Interest Statement ....................................... 24 J. Local Presence Statement ............................................. 24 K. Contract Signatories...................................................... 24 Appendix............................................................................. i-xvii Resumes Caltrans Forms Separately Sealed • Fee Proposal A. Stantec Qualifications Company Background Communities are fundamental. Whether around the corner or across the globe, they provide a foundation, a sense of place and of belonging. That's why at Stantec, we always design with community in mind. We care about the communities we serve—because they're our communities too. This allows us to assess what's needed and connect our expertise, to appreciate nuances and envision what's never been considered, to bring together diverse perspectives so we can collaborate toward a shared success. We're designers, engineers, scientists, and project managers, innovating together at the intersection of community, creativity, and client relationships, Balancing these priorities results in projects that advance the quality of life in communities across the globe, We have the experience to implement your project assignments. Each team member is committed to completing work on schedule and within budget. We will keep your projects moving forward seamlessly through close coordination with team members. Your professional service needs will be met with our team's high quality work, good communications, and effective project management. As a well-established local firm, Stantec has the resources and abilities to provide personalized service while keeping the work on schedule and within budget. Our team of engineers, designers and surveyors excel in developing, enhancing safety and rehabilitating infrastructure for public facilities, and programs for preserving the recreational assets and the natural environment. The City will benefit from the Stantec team by our: • Staff availability and quick response capabilities • Excellent communication and comprehensive coordination of all project issues • Reputation for innovation and value engineering • Specific attention for completion of assigned tasks ahead and/or on schedule • Local knowledge of the area and coastal communities • Proficiency with City and applicable State and Federal regulatory agencies standards including federally -funded ATP projects Highly qualified project management capabilities • Comprehensive QA/QC Program A list of recently completed similar projects are included in Section F: Relevant Projects and Experience. ® Stantec City of Seal Beach I Latripson Avenue Bile Lane Gap Closure ("STI 811 /ATPSB 1 L-5229(017)) 1 Key Pe rs o n n e Our team is poised and ready to help the City deliver this important project to the Seal Beach community. Most of our team has worked together for years and are based in the same office—just steps away from each other. This immediate proximity, combined with our daily interaction and collaboration, allows us to seamlessly and proactively identity potential challenges, solutions, and opportunities for streamlining your project. Jeff will serve as the City's direct contact and will manage the project's day-to-day tasks and activities. He is supported by experienced professionals in all areas this project requires, each of whom is committed to you throughout the project duration. If any key personnel changes become necessary, we will notify you prior to implementing new personnel. Mohammad will serve as the project's principal - in -charge and is authorized to negotiate the contract on behalf of Stantec. PRINCIPAL -IN -CHARGE Mohammad Heiat, PE STREET DESIGN Jeff Wilkerson, PE Dave Lew, PE Austin Carline, EIT FEDERAL FUNDING (LAPM) COORDINATOR Carlos Pineda, PE, LEED AP, QSP/QSD Legend * Subconsultant We Are Your Team. Customized specifically for you and your project, our team has all the bases covered and we're ready to bring this project home to the Seal Beach community. As the primary consultant, we will provide overall project management, utility research and coordination, street design, signing and striping design, PS&E preparation, Federal funding support, QA/QC and construction support activities. We've enlisted the support of the local Orange County DBE firm, Coast Surveying Inc. for surveying and mapping services for the project. Our two firms have a strong working relationship, having recenty collaborated on two recent similar projects. Resumes for the team are in the Appendix. PROJECT MANAGER Jeff Wilkerson, PE TRAFFIC DESIGN Keith Rutherfurd, TE Josh Park, TE DESIGN SURVEY AND BASE MAPPING Coast Surveying Inc (DBE/MBE/SBE) Nick Coates, PLS* QA/QC MANAGER Sherry Weinmeier, PE, LEED AP BD-tC LANDSCAPE ARCHITECTURE Steve Cook, PLA, CLIA, LLC Katie McNguyen, PLA UTILITY COORDINATION Dave Lew, PE UTILITY POTHOLING Bess Testlab Inc. (DBE/MBE/SBE)- (3 Stantec City of Seal Beach i Lampson Avenue Bile Lane Gap Closure (STI 8'1 1 /ATPSBI L-5229(0"17)) 12 Key Personnel Qua ificafions Name Jeff Wilkerson Role Project Manager / Street Design Lead Years of Experience 20 � Education BS, MS % Available 60% California License PE #C63466 Mohammad Heiat Principal -in -Charge 39 BS, MS 30% PE #C45776 Sherry Weinmeier QA/QC 34 BS 20% PE #C41751 Keith Rutherfurd Traffic Design Lead 34 BS, MS 60% TE #T1647 Dave Lew Street Design / Utility Coordinator 9 BS 80% PE #C88915 Austin Carline Street Design 1 BS 80% EIT #165031 Josh Park Traffic / Design 6 BS 80% TE #2856 Carlos Pineda Federal FundingLAPM Coordinator 38 BS, MS, MBA 30% PE #C38639 Steve Cook Landscaping and Irrigation Lead 27 BS 60% RLA 44053, LLC #C27-52894 Katie McNguyen Landscaping and Irrigation Support 10 MLA, BA 80% RLA #6100, LLC Nick Coates Design Survey / Base Mapping 36 PLS 60% PLS #9306, CA ® Stantec City of Seal Beach 1 '_ampson Avenue Bike Lane Gap Closure (STI -81 I/ATPSBI L-5229(017)1); 3 ) k & k cp })\/) / - : �- - J`{Ez `- 1. ) k & k C. Fee Hours A breakdown of the estimated hours for each Stantec employee is provided below. Per the RFP, we have provided our total fee proposal, including Exhibit 10-1-11, in a separately sealed envelope. Our total fee proposal includes these estimated hours, billing rates, subconsultant's fees, and reimbursable costs. CITY OF SEAL BEACH LAMPSON AVENUE BIKE LANE GAP CLOSURE (ST1911/ATPSBIL-S229(QJ7)) ESTIMATED HOURS Tasks aetlerlpllpn OFAwrnas v' n Rp a K w Talsf Its f hfs !vti hry 1. 1.1 LT-�eelue-A ProjecrlCnntrasi Managerhont _ Project Mana6emenr, Vrogials Meetings, and coordinaNan lot AenhoriraIlon to Proceed With fp. Construction #-7'6] ASL%IanCe QIIa Illy Assurance and Qua Illy Control iW14C110 I]atef4 teetian (a.. map .. RcsaarOh DasaCalleciHmandField R_evieVa Design 5urvey.7gpographlc &Ise Map arfd WiGry Base Map _ - -�— thilltyCoordinallon Plans, Spedlicatlats, and Estimate (PWJ- Pr6minuy Design Plans (304 Design) bnpravcmenS Plans Time Sheet, Notes, Typirai Secltens, and Delano Street imprommenl Plan and Pralile Sheets I1' = 40) s"nngand Sit ipingSheets)i"-40%Ohl) Traffic $gnat Mod&ratLon Plam s1" = 2D') landscape and Inigadon Plans ll" - 20'. Dbq _ Rodway Design Sections (Separate Man -Set) SQetiFfcatians __ _- _ - - - - - - _ _ _�_� _� - '_ _ 1 _ 1 - -1 f � 1 - 4D 20 ._. 4 4 B - 4 - a 17 8 1+7 2 Zd_ - - 4 - 62 - 26 a 8 8 - 20 -- 20 40 17 24 9 12 - - - Sit - 16 24 - i car :U 46 ]5 a :F Q t l ?t; 'ri :4 'r i 81 156 18 33 _i 2. EY. XX .t _ - _ -'� i 2 9 -_ 11.3 f. —4 3.5 6 ]. IT- 3. 3.10C051 Isi'mate -ulilPotWIMg - _ 1 4 16 10 41 a.0 E.- - ity i01dsuppat ]l- -_ 6 12 - 4,1 , Br -Support Services 1 4 4 8 6. T cohssru tion support CMn.%.M VIA Snppgrt 5a"Cel _ Ak It Draw nos W — _ = 2 - 16 2 _4 6 _ 8 N -- 10 - 8 _ _ 3A - ,1 S i 11191AX WUM An 76 221 so 775 351L ® Stantec City of Seal Beach I Lampson Avenue Bike Lane Gap Closure (ST1811/ATPSBI L-5229(017)) 5 D. Project Understanding and Approach Introduction You are seeking a consultant to provide comprehensive professional services associated with the design and construction support for the Lampson Avenue Bike Lane Gap Closure Project (STI 811 /ATPSBI L-5229(017)). The project will provide new bike lanes along Lampson Avenue between Seal Beach Boulevard and Basswood Street (approximately 0, 63 miles), which will connect to the existing bike lanes east of Basswood Street. The new bike lanes will consist of Class II bike lanes throughout project limits except or the new Class I bike lane adjacent to the westbund right turn pocket at the Seal Beach Boulevard intersection. Adding these new bike lanes will close the bike lane gap on Lampson Avenue which will increase safety by dedicating a separate lane for bicycle traffic and encourage more bicycle users along this corridor. It is our understanding that the design is anticipated to take place from June 2020 to December 2020, with construction beginning in early 2021. Lampson Avenue is classified as a four -lane secondary arterial per the Orange County Master Plan of Arterial Highways. It is a four -lane, east -west roadway with raised and painted medians throughout the project limits. The horizontal curves are superelevated and there are openings in the raised medians to allow proper drainage. On -street parking is not permitted, and the posted speed limit is 45 mph. The intersections at Seal Beach Boulevard, Old Ranch Plaza and Basswood Street are signalized, and there are OCTA bus stops at Old Ranch Plaza. The adjacent developments within the project limits include a retail center, Sunrise Senior Living Apartments, Old Ranch Country Club, and the City of Seal Beach Tennis Center. There are existing storm drain lines with catch basins and laterals, street lights, power poles, and underground utilities within the streets' right of way, including water, sewer, gas, and dry utility lines. The main project goal is to provide the new bike lanes by widening the road in some locations, removing and reconfiguring the raised medians, and providing new striping and pavement markings. Other improvements include: • Slurry sealing the road • Traffic signal modifications by relocating impacted equipment and adding pedestrian countdown heads • Removing and reconstructing damaged concrete curb, gutters, driveways, and sidewalk • Upgrading existing curb ramps to be ADA compliant • Relocating an existing catch basin • Utility adjustments and relocations • Signage improvements • Median landscaping modifications The project has received ATP funding and therefore should comply with all applicable State and Federal regulations. It is our understanding that the NEPA and CEQA documents for the project have already been approved with no specific conditions. 5 Stantec City of Seal Beach Lampson Avenue Bile Lane Gap Closure (ST181 1 /ATPSBI L-5229(017)) { 6 We also understand that traffic control plans and the SWPPP will be prepared by the Contractor, if necessary, and a WQMP is not required at this time. Key Project Elements To successfully design and complete this project, we have physically familiarized ourselves with the project site; allowing us to clearly understand the existing improvements and project implementation issues. Based on our site visit and review of the RFP, we have identified the following issues requiring special attention and solutions. Please also refer to the Key Project Elements Exhibit (Figure 1) on page 9. Proposed Improvements Roadway Typical Section and Class II Bike Lanes Our understanding is that the lane widths shown on the Concept Plan provided in the RFP will remain the same. Therefore, we will focus our efforts to reduce the new median widths as much as possible to provide the new Class II bike lanes by minimizing roadway widening areas, and therefore, minimizing utility relocations and impacts to off-site improvements. Class I Bike Lane Improvements An 8 -foot wide Class I bike lane is proposed in the parkway adjacent to the westbound right -turn lane at the Lampson Avenue/Seal Beach Boulevard intersection. The existing ground in this area slopes down from the existing curb to the existing chain link fence at the property line, so a retaining wall (or retaining curb) will be required for the new bike lane. This area is also congested with existing utilities and a small retaining wall, so will need to design our new improvements around these existing constraints. Sight Distance Based on a design speed of 45 mph, it appears that the westbound no. 2 travel lane may have existing sight distance issues at the horizontal curves, being caused by the existing chain link fence, Old Ranch perimeter wall and adjacent trees/landscaping. We will study these geometries and recommend additional traffic signage for these areas if there is an issue. Utility Relocations Several SCE street lights and telecommunication pull boxes exist behind the existing curb to be widened, We will need to confirm with the utility owners whetherjust the above ground appurtenances require relocation of if the underground conduits need to also be relocated due to the reduced cover. Catch Basin Relocation It appears that at least one catch basin will need to be relocated due to the widening improvements. We will pay special attention to this design, in case existing electrical, traffic signal and/or telecommunications underground utilities are in conflict with the new catch basin location. We have provided Utility Potholing as an optional item to confirm the location of these existing utilities and can provide alternative catch basin designs, if necessary, to avoid them. Traffic Signal Modifications Traffic signal modifications are required at the Lampson/Old Ranch Plaza and Lampson/Basswood intersections due to the roadway widenings. Our design will incorporate new ADA compliant ramps at these locations, if necessary. New pedestrian countdown signals will also be installed at these locations and at the Lampson Avenue/Seal Beach Boulevard intersection to improve pedestrian safety. Caltrans Federal Funding Package As part of this project, we will assist the City in preparation of the of the Request for Authorization to Proceed with Construction (E-76) package required to receive federal funding from Caltrans. We have experience in supporting agencies in the preparation of the documentation and exhibits required for these packages and will prepare the PS&E in compliance with all federal design standards and regulations. Stakeholder Coordination This project involves coordination with several stakeholders including several utility companies, the California Conservation Corps of Long Beach (CCLB), Old Ranch Country Club, Sunrise Senior Living Apartments and the various businesses at the retail center. Our team will communicate with these stakeholders in the early stages of the project to gain an understanding of their needs and concerns. We will maintain open communications throughout the life of the project to reduce the likelihood of unanticipated issues in the late project stages that could significantly delay the project schedule. Our assumption is that there are no permits required from Agencies Having Jurisdiction (AHJ). ® Stantec City of Seal Beach! Lampson Avenue Bike Lane Gap Closure (Sf1 B'1 VATPSBI I_-5229(017)) 7 Traffic Safety and Construction Impacts to Property and Business Owners Due to the volume of traffic and adjacent residents and businesses, it Is critical to minimize traffic impacts during the project construction phase. We will identify traffic control implementation measures in the specifications to closely monitor the contractor's work and progress and to verify compliance with any required construction phasing and schedule constraints. The specifications will address circulation and vehicular access during construction and will include provisions that require the contractor to maintain safe pedestrian access at all times during construction. The specifications will specifically include the following: • Construction working hours and general phasing requirements • Requirements to maintain access to residents and businesses ■ Temporary lane closure hours and restrictions • Identification of traffic control standards • Requirements for emergency vehicle access • Other requirements determined to be required to minimize impacts to property and business owners during construction Maintaining Project Schedule and Budget Our team has successfully completed numerous similar projects on schedule and within budget. We immediately begin the initial data collection and background research tasks as soon as the notice to proceed is obtained. We closely monitor team's progress with required deliverables and can make adjustments, if required, to maintain schedule. We will provide a rough order of magnitude (ROM) estimate during preliminary design, which will be compared to the available budget for the project. If the estimated costs exceed budget, we will provide value engineering recommendations for cost reductions. Estimated construction costs will again be checked against the available budget at all stages of final design to make sure the construction bids come in within budget. During the design process, we will expedite the project completion by: + Initially meeting with you to identify expectations, including stakeholders and the schedule • Performing thorough background research and investigation to identify and resolve any issues ■ Keeping you informed on any design assumptions being made ■ Performing in-house quality control throughout and prior to milestone submittals • Focusing on completing critical path items, such as coordinating the utility relocations • Identifying opportunities for and employing concurrent work processes Scope of Work 5 Stantec City of Seal Beach i Lampson Avenue Bike Lane Gap Closure (ST1811 /ATPSBI L-5229(017)) 8 Scope of Work Task 1- Project/ Contract Management Task 1.1 - Project Management, Progress Meetings and Coordination Throughout the project, we will communicate our progress, design assumptions, and design challenges with you. We will also coordinate with other agencies, as required and involve you in all these discussions and reviews. Project communication will include meetings, conference calls, and emails. Documenting assumptions made, and direction given during the design process is important to confirm that all parties agree on what was discussed. We will diligently prepare and distribute meeting minutes or records of discussion and allow you and other attendees to review and comment on these before proceeding further on the design or other project tasks. Upon Notice to Proceed (NTP), we will schedule a kick-off meeting to: ■ Obtain background information • Review and refine the project scope and schedule • Establish the line of communication • Discuss the critical design issues for the project We have included up to three (3) additional City coordination meetings throughout the design phase. These meetings will be to review the preliminary design plans and the 60 percent and 90 percent submittal packages. We will also coordinate with the California Conservation Corps of Long Beach (CCLB) to confirm their involvement in the project. Task 1.2 - Request for Authorization to Proceed With for Construction (E-76) Assistance We will assist the City (and the City's Program Management Consultant) with preparation of the Request for Authorization to Proceed with for Construction (E-76) package required to receive federal funding. -This will include the following: • Assisting the City with preparation of the Exhibit 13-B "Right -of -Way Certification" form • Taking the lead on coordinating with the utility companies for relocations and adjustments of their facilities and completing the required forms outlined in LAPM chapter 14: "Utility Relocations" • Assisting the City with preparation of the Project Authorization/Adjustment Request form (LAPM 3-A) ■ Assisting the City with preparation of other forms required for the package, such as Exhibit 12-D "PS&E Checklist" and Exhibit 9-D "DBE Goal Methodology" • Preparing the improvements plans, specifications, and estimates in conformance with LAPM Chapter 12 "Plans, Specifications and Estimates" We assume that the City will be directly ccordinating with Caltrans and making the required submittals. Task 1.3 - Quality Assurance and Quality Control (QA/QC) A comprehensive Quality Management Plan (QMP) will be developed specifically for the project. It will emphasize the need to clearly define project requirements and standards, and the need to independently check all work before it is issued to the City or other reviewing agencies. An independent senior manager from Stantec will oversee the quality control program and will audit the quality activities to see that all checks are completed properly. Our quality control program will help make sure the project documents are: • Consistent with the contract documents and scope of work ■ Compliant with generally accepted standards of engineering and applicable laws • Neat, well organized, clear, concise, and complete • Technically and grammatically correct • Signed, dated, and stamped as required Task I Deliverables • Meeting Minutes and Records of Discussions • Project Schedule • Request for Authorization for Constrctuion to Proceed With Construction (E-76) Documentation • QA/QC Plan Task 2 - Data Collection/Base Map Task 2.1 - Research, Data Collection and Field Reviews We will research and obtain available as -built record drawings, utility plans, preliminary engineering reports, and record survey drawings for the project. We will also perform field reviews of the site to do the following: • Evaluate the condition of the existing roadway improvements • Identify any noteworthy features • Determine the location of any damaged, raised, or sunken curbs gutters, sidewalks, and other concrete improvements within the public right-of-way that require repair, or need to be brought up to current ADA standards • Perform a field review of existing traffic signal equipment + Confirm the proposed improvements conform to existing conditions Prior to the field review, we will coordinate with you to determine the extent of repairs and ADA improvements you are planning for this project and which you plan on making as part of the future Caltrans project. During the field walk, we will take digital photos and document the location of all potential repair locations and any other issues requiring special attention, ® Stantec City of Seal Beach Lampson Avenue Bike Lane Gap Closure (ST 18 i 1 ATPSB 1 L 5229(017)) 10 Task 2.2 - Design Survey, Topographic Base Map and Utility Base Map Our surveyors will establish horizontal and vertical survey control and perform a field topographic survey to document the existing site topography and planimetrics within the area of proposed improvements. Horizontally, the survey will be tied to the California State Plane coordinate system (NAD83) and based upon the current County of Orange adjustment. Vertically, the survey will be tied to the County of Orange benchmark network (NAVD88). The design survey will include cross sections at 50 -foot intervals (right-of-way to right-of-way) to locate visible surface improvements and surface utilities within the survey limits. The survey limits will include Lampson Avenue from Seal Beach Boulevard to Basswood Street (+/- 3,500 LF) and extend approximately 50 -feet within the legs of intersections. The existing roadway centerline and right of way will be mapped within the project area based upon recovered survey monumentation and record document information. We assume that Corner Records will be filed by the Contractor's surveyor as required by the Special Provisions. We will download and compile the field survey data to create a topographic map of the project limits, in accordance with standard acceptable surveying practices and in accordance with all applicable and appropriate requirements of the State of California. This topographic map will include: ■ Surface features (curb and gutter, pavement, sidewalk, curb ramps, driveways, striping, trees) • Visible surface utilities (manholes, water valves, fire hydrants, catch basins, utility boxes, utility poles, overhead utilities, guy wires, vaults) • Mapping information (centerlines and right of way lines) • Contours generated at 1 -foot intervals We will prepare an existing utility base drawing which will include all known underground utility lines within the project limits. Existing utilities will be plotted based on the record drawings and atlases received from the utility companies and any utility information found in record drawings during our research. Their locations will be cross checked against the surface utilities found during our topographic survey to confirm they are shown in the most accurate location possible. Task 2.3 - Utility Coordination Thorough utility coordination is essential for the success of this important roadway improvement project, which will include several utility relocations to accommodate the street widening. We will initially send out First Utility Notices to all potential utility owners in the project area to confirm whether they have facilities within the project limits, obtain available record drawings and atlases, confirm prior rights, and confirm whether they have any future work planned in area. We will organize this information in a utility coordination matrix that will be updated throughout the project. The improvement plans will be sent to the utility companies throughout the design process for their review and comments. We will lead efforts to identify ownership of unknown utility lines or appurtenances, determine any utility facilities that may interfere with proposed construction, and coordinate the relocation or adjustment of all utilities impacted by the new construction. We will obtain all required LAPM documentation, process any required work orders and determine any required work windows that need to be included in the specifications. Finally, we will obtain written confirmation from each utility company that all comments have been addressed, the plans are acceptable, and they have everything required to relocate or adjust to grade their facilities prior to or during construction. Task 2 Deliverables: • Field Notes and Digital Photos • CAD Drawing of Topographic and Utility Base Map • Utility Coordination Matrix and Correspondences Task 3 - Plans, Specifications and Estimates (PS&E) Task 3.1 - Preliminary Design Plans (30 Percent Design) We will prepare preliminary design plans based on the concept plan provided in the RFP They will be prepared at 1" = 40' scale, "double -stacked" with two horizontal strips placed on each plan. The preliminary design plans will include typical sections, centerline and right of way lines, new curb, gutter and sidewalk widening improvements, the new Class I and Class II bike lanes, new striping and painted/ raised median improvements, new curb ramps, utility relocations and adjustments, traffic signal improvements, and landscape areas. We will also include include a plant palette with representative photos of the plants to be used as well as their scientific and common names and the sizes that will be incorporated into the final design. We will provide a value engineering analysis of the preliminary design plans to identify potential design alternatives that may be employed to reduce project costs. This is typically achieved by reducing impacts to offsite improvements and minimizing conflicts between the proposed improvements existing utilities. We will prepare and submit the preliminary design plans and a rough order of magnitude (ROM) estimate for your review and discussion. Task 3.2 - Improvement Plans Upon approval of the preliminary design plans, we will prepare the final improvement plans in AutoCAD and in accordance with your design standards, Caltrans standards 5 Stantec City of Seal Beach Lampson Avenue Bike Lane Gap Closure (ST181'l/ATPSBI L 5229(01711) 11 (including Chapter 12 of the LAPM), and AASHTO geometric design guidelines. Task 3.3 - Title Sheet, Notes, Typical Sections, and Details The plan set will include your standard title sheet, which will include general notes, a vicinity map, and additional project specific information. The second sheet will show all construction and disposition notes used and the sheet index for the plans. The plan set will also include sheets for typical roadway sections, standard details, and smaller scale design details for improvements such as curb ramps, cross gutters, or driveways. We will include these design details in the plan set, as required, to provide additional information to the contractor. They will supplement the standard details and standard plans and will not likely be required for most new improvements. Task 3.4 - Street Improvement Plan and Profile Sheets (1" = 40') Street improvements plan and profile sheets will be prepared using a V = 40' horizontal scale and 1" = 4' vertical scale. Each sheet will contain a north arrow, scale, match lines, and construction and disposition notes for all improvements shown on the sheet. The profile views will show the existing and proposed profiles for the tops of curbs. The Standard Plans for Public Work Construction (SPPWC) and the Caltrans Standard Plans will be used to supplement the City standard plans, if required. The roadway improvements will include: • Removals • New improvements such as curbs, gutters, sidewalks, driveways, cross gutters, curb ramps, slurry seal, and/ or grind and overlay, pavement repairs, private property repairs, and the Class I bike trail near the Seal Beach Boulevard intersection. ■ Utility adjustments or relocations (including the SCE street lights and communications vaults) + All horizontal and vertical control required to stake and construct the new improvements • Centerline and right of way lines We assume that that catch basin relocation will also be shown on these plans and the storm drain lateral profile, if required, will be shown on the details sheet. We also assume that no new utility easements will be required for the utility relocations and the widening adjacent to the Tennis Center will not impact the existing parking lot. Task 3.5 - Signing and Striping Sheets (1" = 40) The signing and striping plans will include signing, striping, and pavement markings for the vehicle and Class II bike lanes within the project limits. The plans will be prepared at 1" = 40' scale, "double stacked" with two horizontal layout strips placed on each plan. The plans will reinstall existing roadway striping and pavement markings and will include the removal of any conflicting existing striping and pavement markings not overlaid by slurry seal. Traffic signs will be replaced or upgraded, if necessary, The traffic sign work will be based on an inventory of existing signs and an assessment of new project signage requirements. Where appropriate, existing signs within the project limits may be upgraded to meet current California Manual on Uniform Traffic Control (CA MUTCD) requirements. The signing and striping plans will also include minor traffic signal work at the Lampson Avenue/Seal Beach Boulevard intersection consisting of countdown pedestrian signal head upgrades and loop detector replacements, if required. Task 3.6 - Traffic Signal Modification Plans (1" = 20) We will prepare traffic signal modification plans for the Lampson Avenue/Old Ranch Plaza and Lampson Avenue/ Basswood Street intersections. We will relocate and/or replace existing traffic signal poles, traffic signal loop detectors, and related appurtenances, as required by the new improvements. New pedestrian countdown signals will also be installed. The plans will be at 1" = 20' scale in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD) and City standards. This task does not include preparation of a traffic signal modification plan for the Lampson Avenue/Seal Beach Boulevard intersection. The minor pedestrian signal head upgrade and loop detector replacement improvements at this intersection will be shown on the signing and striping plans as discussed above. Task 3.7 - Landscape and Irrigation Plans (1" = 20) The landscape and irrigation plans will include the planting and irrigation system for the new raised medians. Minor landscape and irrigation repairs required in the parkway or private properties due to the street widening will typically be handled with a general construction note indicating to match existing improvements. The landscape and irrigation plans will comply with the City's guidelines and regulations and will be prepared at 1" = 20', "double stacked" with two horizontal layout strips placed on each plan. Even at this scale, planting and irrigation plans will be somewhat schematic in nature as is the standard of the industry. The planting plans will include the plant palette, legends including sizes, scientific and common names, water requirement ratings for use in irrigation calculations, and hatches and symbols representing the locations for the various plant materials_ Irrigation plans will include the complete delivery system, including details for the specified irrigation equipment. State mandated water efficiency calculation, irrigation technical tables and calculations will also be added. We assume that the new irrigation system will join the existing point of ® stantec City of Seal Beach Lampson Aver:ue Bike Lane Gap Closure (ST 181 1; AT PSB I L-5229(0171)1): 12 connection in the median south of Old Ranch Plaza and new water or electrical services will not be required. Task 3.8 - Roadway Design Sections (Separate Plan Set) We will build a three-dimensional model of the existing and new roadway improvements in Civil 3D and plot design sections from this model. They will show the existing and proposed surfaces, the proposed pavement section thicknesses, the existing and proposed top of curb and/or pavement elevations, the existing and proposed cross slopes, and the private property tie-ins adjacent to the street widening improvements. The design sections will help us visually confirm that the widening and median improvements conform to the existing improvements and that the existing utilities under the new improvements have adequate,cover. Since the design sections will be linked to the design model, they will consistently be up to date - Task 3.9 - Specifications Well-written special provisions reduce the potential for change orders during construction. We will prepare the special provisions based on your supplied boilerplate and the latest edition of the Standard Specifications for Public Works Construction (SSPWC)_ The Caltrans Standard Specifications will also be referenced for the striping and signing improvements_ Our experienced staff will thoroughly review and modify your boilerplate and all relevant sections of the SSPWC to help ensure that the specifications don't conflict with the improvement plans and convey the design intent of our engineers- The specifications will: • Identify all general phasing and traffic control measures required to be implemented by the contractor to reduce impacts to adjacent properties during construction. • Identify all permits and coordination efforts the contractor is responsible for during construction. This includes listing all utility coordination efforts required and identifying any specific work windows the contractor needs to provide to the individual utility companies to adjust or relocate their facilities. ■ Identify all erosion control measure required during construction • Include all required federal contract provisions, clauses, DBE goal information, certifications/disclosures, forms, and federal wage rates • Outline any involvement in the project by the California Conservation Corps of Long Beach (CCLB) either prior to or during construction • List the individual bid items and clearly describe the work involved with each item Task 3.10 - Cost Estimate We understand the importance of a complete and accurate cost estimate. Since the cost estimate will be used as a basis for the bid schedule, it's important to include all required work items the contractor needs to complete as part of the project and that the quantities for these work items are correct. Accurate quantities and unit costs are also important for you to understand overall project costs, and to determine if the available budget requires value engineering. First, we determine the project bid items required based on a thorough review of the plans and special provisions. Quantities will then be calculated using our proprietary software and checked using a second calculation method. We will establish unit costs using recently bid projects. The quantities will be continuously updated with each plan revision and an updated cost estimate will be provided with all submittals to provide you with accurate project costs throughout the design. The cost estimate will conform to Section 12.12 of the LAPM. Task 3.11 - Utility Potholing Potholing may be required to confirm the depth of utilities under the street widening areas. However, it is unclear at this stage to know how many, if any, will be required. The cost per pothole varies depending on several factors such as location, permitting requirements, traffic control plan and implementation requirements, pavement or concrete restoration requirements, and whether the USA paint markings require removal after the potholing is complete. Therefore, we have included an allowance of $5,000 for potholing. This allowance is estimated to provide 2 to 3 potholes depending on the specific factors listed above. However, this will need to be confirm once the exact location and potholing requirements are confirmed. lask_3_Debyerables: • Preliminary Design Plans and Cost Estimate • Final Improvements Plans, Specifications and Estimate (60%, 90% and 100%) • Roadway Design Sections (60%, 90% and 100%) • Utility Potholing Reports Task 4 - Bid Support Task 4.1 - Bid Support Services We will support you during the project bid period, including responding to questions from prospective bidders and 5 Stantec City of Seal Beach 1 Lampson .Avenue Bike Lane Gap Closure (ST 1811 %ATPSB1 1 -5229(0"171)) i 13 preparing bid addenda to the plans and special provisions, as necessary. For the purpose of this proposal, we have included up to 8 hours for this task, Task 4 Deliverables: • Written Responses to Bidders Questions • Bid Addenda Task 5 - Construction Support Task 5.1 - Construction Support Services During the project construction phase, we will respond to shop drawings and submittal reviews and can clarify design -related issues during construction by responding to RFIs, if required. For the purpose of this proposal, we have included up to 40 hours for this task. Task 5.2 - As -Built Drawings Preparing accurate as -built drawings is important for your City's future generations. We will prepare as -built drawings for the project using your preferred format. They will be based on redlines provided by your inspector and/or Contractor and will be supplemented with our own revisions noted during construction. We will provide you a PDF of the as -built drawings with the final submittal. Task 5 Deliverables: • Review of Shop Drawings and Submittals • Written Responses to RFPs • As -Built Drawings ® Stantec City of Seal Beach ; Lampson Avenue Bike Lane Gap Closure (STI 81 1-AT'SB 1 L 5229(017)) 114 E. Project Controls We are committed to improving project execution and product quality. To this end, we established a Practice Management Enhancement Group that is tasked with developing, maintaining, enhancing, and monitoring the performance of an overall system of quality management. ISO 9001:2008 is an internationally recognized standard for quality management and has been adopted by Stantec as a means to reduce the risk and consequences of design errors, improve productivity and efficiency, promote the quality and reliability of our services, improve the financial performance of our operations, increase client confidence and loyalty, and support regulatory compliance. We obtained companywide ISO 9001 certification in 2008 after undergoing an extensive internal and external scrutiny of its established policies and practices. The Stantec Quality Management System (SQMS) helps to communicate the organization's practices for planning, managing people, client satisfaction, practice management, managing sub - consultants, and for continual improvement. The foundation of the SQMS is the Project Management Framework tool (PM Framework), This tool is readily accessible to our staff, provides the essential guidelines, templates, and training for effective project management, and its use is audited on a regular basis, The PM Frameworks is organized into four major phases of work (initiate, plan, control, and close-out) and identifies ten primary activities that must occur on each project. Many of the activities identified occur on a regular basis throughout the project to properly manage budget and schedule and to verify that the quality of the construction documents meets industry standards and your expectations. Additional tasks beyond the ten primary activities are added as needed to address the unique elements associated with individual projects. A summary of the frameworks phases and primary activities is shown in the graphic below. Although all the activities are important for a successful project, a few of the activities worth highlighting are tasks 2, 5, 7, and 8. A more complete outline of the PM Frameworks is available upon request. Project Implementation Plan & AA/AC (PM Framework Tasks 2) A Project Implementation Plan is prepared for each project and typically includes the project team, scope of work, task budgets, and overall project schedule. The Project Implementation Plan is distributed to team members prior to Prepare a proposal that includes a preliminary Project Plan including scope, project budget, resources, deliverables, and schedule. Conduct and document an independent review of the final proposal. Obtain written instructions to proceed and execute an approved contract. Obtain written subconsultant agreements (if applicable). © Prepare a Project Plan to an appropriate level of detail. Conduct and document an independent review. © Establish hard copy and electronic project record directories and file project records accordingly. Complete a Health, Safety & Environment risk management assessment and documentation for all projects Involving field work © Monitor the PM Dashboard on a regular basis Follow best practices for managing project financials, including time charges, work in progress (WIP), accounts receivable (AR), and estimates to complete (ETC). pObtain the client's written approval on scope of service changes in a timely manner. Conduct and document a quality review of all final* deliverables prior to issue. Conduct and document an independent review of all final* deliverables prior to issue. Close off the project financials and close out the project files * FINAL A final deliverables is defined as any record (written or graphic) based on professional expertise orjudgmenI Ihat is intended to be relied upon by others and that provides direction to others as part of a service to the public (eg., professional reports, documentation issued for construction, permit submissions, and maps). 3 Stantec City of Seal Beach - Lampson Avenue Bike Lane Gap Closure (ST1811 /AT SB1 _ 522c)(01 71)) 115 starting the project, and it is continuously updated throughout the life of the project to accommodate additional scope, team members, and the latest project schedule. Cost Control and Budgeting Methodology (PM Framework Task 5) We utilize a fully integrated, Oracle -based accounting system that includes electronic timesheet submittals, billings; and accounts receivable, accounts payable, and financial statements. All accounting procedures require appropriate fiscal authority and are subject to Sarbanes-Oxley controls and US GAAP (Generally Accepted Accounting Practices). The project -level financial information is made readily available on the project manager's desktop. Our enterprise system, the PM Dashboard, tracks the project budget at the work labor breakdown structure level, and provides updated information to the project budget on a weekly basis. Jeff reviews the project budget weekly to make sure the appropriate charges are applied to the project. The system is completely integrated and easily audited. Supporting data can be provided to you in any format required. Quality Control and Quality Assurance Program (PM Framework Tasks 7 and 8) PM Framework also addresses QA/QC by providing a Quality Management Plan (QMP). Our QA/QC manager, Sherry, will review the initial project scope and schedule to customize the QMP for this project. A critical component of any QMP is making sure that all staff involved in the project are aware of the QMP and are committed to following its direction. Project manager, Jeff, is responsible for providing project staff with a copy of the QMP and other related documents that outline project and client -specific requirements, encouraging their use through ongoing discussion and quality reviews/audits. Each project team member, regardless of role, is responsible for the quality of their work and are expected to provide an appropriate level of QC on that work. Our PM Framework includes two formal tasks for QA/QC reviews. Task 7 includes Quality Reviews of all deliverables by Task Leaders; typically completed prior to major milestone submittals, Task 8 includes an Independent Review of the entire project by an individual knowledgeable of the technical requirements for the project but has not been directly involved in the design. The Independent Reviewer provides a "clear eyes" review of the overall project and is engaged throughout the design process. Finally, all reviewers must complete evidence and their individual reviews which are saved to the project file. Sustainable Design We are commited to sutainable design, making it a core part of our professional practice by providing an environmentally sensitive solution of our client's projects. We are a number of the U.S. Green Building Council and have several LEED Accredited Professionals who work at our local office. We have designed innovative leading stormwater management projects catching first flush storm runoff and dry weather nuisance flows with water quality wetlands, and recharging groundwater through catching all storm water in infiltration basins. Recognizing environmental impacts, we create mitigation designs at each stage of the project that will reduce the negative impact without substantially increasing the bottom line. We support sustainable design practices throught the following services: ■ Providing "Green" pavement designs by using recycled content materials, such as rubberized asphalt • Preparing best management practices (BMP) Providing low impact design hydrology and hydraulics • Preparing storm water pollution prevention plans (SWPPP) and standard urban stormwater mitigation plans (SUSMP) • Preparing site designs which meet public access requirements and maximize open space • Preparing designs for alternative transportation and parking facilities ■ Optimizing energy performance 5 Stantec City of Seal Beach, Lampson Avenue Bike Lane Cap Closure (STI 81'1 / ATPSB 1 6229(0171));16 F Relevant Projects and References Newport Boulevard Widening and Bikeway Improvements Client: City of Newport Beach ------- To" i I I I I 2012-2016 Key Personnel Involvement Mohammad Heiat Jeff Wilkerson Keith Rutherfurd David Lew Josh Park Client Reference City of Newport Beach Andy Tran, Senior Civil Engineer (949) 644-3315 • Design Cost: $568,000 Construction Cost: $4.7 M • Funding Source: General Fund, Gas Tax, Measure M, Water Enterprise • Active Transportation • Roadway Design • Bike Lane Gap Closure Project Description The City of Newport Beach needed to increase the capacity of Newport Boulevard between 30th and Via Lido Streets to accommodate current circulation, as well as the anticipated increase in traffic from a new boutique hotel soon to be constructed within the project limits, The City also requested landscaping and street amenities to enhance the area and ultimately blend in with the look of the new hotel. However, adding additional travel lanes, while providing areas for landscaping was challenging due to the close proximity of existing buildings on both sides of the road. An accelerated schedule was required to help ensure the improvements were completed before the summer when traffic along the peninsula increases significantly_ As prime consultant for all project phases, we provided several conceptual design options to the City. The chosen alternative increased the road's capacity with an additional northbound through lane between 30th Street to 32nd Street and an additional southbound through lane between Via Lido to 32nd Street. To do this, we realigned the road, eliminated on -street parking, and narrowed the existing sidewalk A new parking lot was constructed to mitigate the loss of parking and included a new decorative screen wall to reduce noise impacts to the adjacent property owner. Finally, we constructed new concrete bike lanes along both sides of Newport Boulevard to provide a connection to the existing bike lanes along 32nd Street, west of Newport Boulevard. • Landscaped Medians • Utility Relocations • Catch Basin Relocations ® Stantec City of Seal Beach Lampson Avenue Bike Lane Gap Closure (S-11 811 ATPSB 1 1-52229(1017)), 17 Redondo Beach Cycle Track Client: City of Redondo Beach 11/2016-07/2016 Sherry Weinmeier Steve Cook City of Redondo Beach Brad Lindahl, Capital Projects Program Manager (310) 318-0661 ext. 2286 • Design Cost: $415,000 • Construction Cost: $4.5 M • Funding Source: ATP and Local • Active Transportation • Roadway Design • Bike Lane Enhancements • Landscaped Medians • Utility Relocations • Catch Basin Relocations • Traffic Signal Design • Federal Funding (ATP) Project Description Designing a link from the Hermosa Beach "Strand" to Redondo Beach's Marina District complex not only improved accessibility for bicyclists and pedestrians, it also allowed for aesthetic and safety enhancements. With our full in-house capabilities—civil engineering and topographic surveys, traffic engineering and planning, and landscape architecture—we collaborated closely with the City to realize an important and award winning community connection and improve two important roadways in the City of Redondo Beach. The Stantec team led public workshops and built consensus for a transformational project along the City's waterfront. We prepared final plans for the roadway rehabilitation that featured a new separated bikeway (cycle track) and a new Welcome Park on lands that were formerly used as a parking lot. We also prepared concept drawings, performed traffic analysis, road diet simulation, and field surveys. We also provided conceptual visualization, cycle track design, and pavement rehabilitation. As an added benefit to the City, we advocated for and ultimately designed a Welcome Park, replacing the existing wall that encumbered the bicycle link between Hermosa Beach and Redondo Beach The new Welcome Park affected the existing parking capacity—something we had considered in our overall design. To maintain or exceed the current level of parking in the coastal area, coupled with the typical large harbor vehicles, the improvements were designed within strict geometric constraints, We implemented a cycle track, as well as increased the number of parking stalls by providing reverse angle parking to allow drivers better visibility to the approaching cyclist. ® stantec City of Seal Beach Lampoon Avenue Bike Lane Gap Closure (ST18TI /ATPSBI L-5229(017)} 18 17th Street/SMC/Expo Bike Path Connection and Michigan Avenue Greenway Extension Improvements Client: City of Santa Monica 2018—Ongoing Keith Rutherfurd Sherry Weinmeier Josh Park Steve Cook City of Santa Monica Joe SanClemente, Principal (310) 458-2204 Robert Zak, PE, Civil Engineer (310) 458-2283 • Design Cost: $850,000 Construction Cost: $6.1 M (Estimate) Funding Source: Federal Metro, CMAQ, and Local Project Description Stantec is providing engineering design, site surveys, landscape design elements, and project approvals for this nearly 1 -mile safety improvement project to improve mobility for all modes of travel, including bicyclists, pedestrians and vehicles within the City. The project extends from Pico Boulevard at Santa Monica City College to Santa Monica Boulevard, making an improved connection at the new Metro Expo Station at Colorado Avenue. The project includes new Class IV and Class I bike lanes, curb extensions, drainage, utilities, traffic, lighting, intersection and landscape improvements. New landscaped roundabouts will be constructed along the Michigan Avenue Greenway. Services include full A-E services for the final design and construction documents (PS&Es) and project approvals. Coordination and approvals through LA Metro, the Public Utilities Commission, and Caltrans are also being provided. Active Transportation Utility Relocations • Roadway Design Catch Basin Relocations • Bike Lane Enhancements Traffic Signal Design • Landscape Medians Federal Funding ® Stantec City of Seal Beach I Litt ipson 4verue Bike Lane Gap Closure (ST'181.I �AIPSBI i -522W iii • 19 Dale Street Complete Streets Client: City of Buena Park WHITAKER ELEMENTARY SCHOOL MfWG — ooiIm Rry7 ^ an om w 09/2018—Ongoing Mohammad Heiat Jeff Wilkerson Keith Rutherfurd Dave Lew Austin Carline Steve Cook Katie McNguyen City of Buena Park Jeff Townsend, Associate Engineer (714) 562-3680 • Design Cost: $140,000 • Construction Cost: $875,000 (Estimate) • Funding Source: City is planning on applying for ATP grant funding DALE STREET CITY OF BUENA PARK --- __ -.49 Project Description Dale Street was identified in the City of Buena Park's Complete Streets Master Plan as a pilot project to introduce the City and its constituents to complete streets elements. We were hired to help them implement this project by providing preliminary and final design for Dale Street between Auto Center Drive and Commonwealth. Several options were provided for typical sections, intersection improvements, and other complete streets elements. Ultimately, the improvements will include separated bike lanes, raised median improvements, new landscape and irrigation in the medians and parkways, enhanced crosswalks, and upgraded bus stops. The separated bike lanes will be established by providing on -street parking and a striped buffer between the travel lanes and bike lanes_ Community outreach meetings were held at the nearby Whitaker Elementary School and at one City Council Meeting to discuss the project and answer questions. The project has completed preliminary engineering and the 100% PS&E should be completed shortly. Next, we will help the City submit grant applications to acquire project funding. Active Transportation Landscaped Medians • Roadway Design Utility Relocations • Bike Lane Enhancements Federal Funding (ATP) ® Stantec City of Seal Beach Lampson Avenue Bike Lane Cap Closure (ST 18 i 11IFSB 11-5229 (017)) 20 Fairview Road Safety Improvements Client: City of Costa Mesa Project Dates Project Description Stantec was been retained for the Design of Safety Improvements for Fairview Road June 2018 - Ongoing between Baker Street and Adams Avenue. Mohammad Heiat Carlos Pineda Keith Rutherfurd Steve Cook Dave Lew Client Reference City of Costa Mesa Shirjeel Muhammad, Senior Engineer (714) 754-5298 • Design Cost: $145,000 • Construction Cost: $1.4 M (Estimate) • Funding Source: Federal HSIP The project involved safety improvements at two median breaks along Fairview Road between Baker Street and Adams Avenue. The improvements are needed to reduce the "broadside" types of collisions occurring in this segment. The project involves new median improvements and restriping to provide bike lanes in both directions and to better channelize the left turn movements from Adams Avenue to NB Fairview Road. A new traffic signal is being constructed and sidewalk, driveway and curb ramp repairs will be made to provide an ADA compliant path of travel. Stantec has provided ground and aerial topographic surveys, utility coordination and potholing services, environmental documentation, drainage and water quality documentation, plan and profiles design details, signing and striping plans, and signal plans. Stantec has also participated in a Community outreach program to gain support for the project. The Project is funded by the Federal Highway Safety Improvement Program (HSIP), and Stantec has aided the City on the preparation of the E-76 documentation required by Caltrans to receive authorization to construct and to properly obtain the funding. • Active Transportation Utility Relocation • Roadway Design Catch Basin Relocations • Bike Lane Gap Closure Traffic Signal Design • Landscaped Medians Federal Funding ® Stantec City of Seal Beach Lampson Avenue Bike Lane Gap Closure (ST1811 /ATPSBI L-5229(017)) 1 21 Paramount Boulevard Median Island Improvements Client: City of Downey 2018 _Mohammad Heiat Jeff Wilkerson Keith Rutherfurd Project Description We are providing comprehensive professional services associated with the design and construction of street improvements and enhancements along Paramount Boulevard between Imperial Highway and Florence Avenue (approximately 12,000'). Initially, a concept plan and traffic study were prepared to develop the proposed improvements. Public outreach meetings were then held to gain consensus for the project. The final improvements were ultimately divided into the following five separate projects which are currently in various stages of being bid or constructed: Dave Lew 0 CIP 18-17 Water System Improvements (Firestone Boulevard to Florence Avenue) Austin Carline CIP 14-18 Street Improvements (Imperial Highwayto Firestone Boulevard) • CIP 14-19 Street improvements (Firestone Boulevard to Florence Avenue) • CIP 20-o7 Landscaping Improvements (Imperial Highway to Firestone Boulevard) Client Reference ■ CIP 20-24 Landscaping improvements (Firestone Boulevard to Florence Avenue) City of Downey Edwin Norris, Deputy Dir. of Public Works The improvements include construction of new raised medians, pavement rehabilitation, (562) 904-7110 new curb ramps and other concrete repairs, new landscaping and irrigation, striping and pavement markings, and new potable water improvements. Several utility adjustments Project Funding also needed to be coordinated with various utility companies. • Design Cost: $373,000 • Construction Cost: $4.8 M • Funding Source: Federal HSIP and Proposition "C" Local Funding Relevance to Your Project • Roadway Design • Landscaped Medians • Utility Relocations • Federal Funding ® Stantec City of Seal Beach � Lampson Aveme Bike Lane Gap Closure (ST 1811 %ATPSB 11-5229(0"17)1 , 22 Oso Parkway Roadway Widening Improvements Client: City of Mission Viejo Project Dates 0 Project Description We provided preliminary and final engineering services for widening improvements 2014 on Oso Parkway between the 1-5 freeway and Country Club Drive. We prepared a traffic capacity and operation analysis of widening alternatives and recommended Mohammad Heiat Jeff Wilkerson Keith Rutherfurd David Lew Josh Park City of Mission Viejo Richard Schlesinger, City Engineer (949) 470-3079 • Design Cost: $480,000 • -Construction Cost: $4M • Funding Source: Measure M and Developer's Fee • Roadway Design • Landscaped Medians • Utility Relocations • Catch Basin Relocations • Traffic Signal Design adding one lane in each direction on Oso Parkway and modifying signals at Country Club and Montanoso Drives. The widening improvements required aquiring additional right of way on both sides of the street and the relocation of several utilities along the existing sidewalks. Existing medians were modified to accommodate the new geometrics and there were three traffic signal modifications. The box culvert for Oso Creek was lengthened to accommodate the new lanes in each direction. The roadway widening required new retaining walls along the eastbound side of Oso Parkway between the new retail development at the northbound off ramp and Country Club Drive. ® Stantec City of Seal Beach Larripson Avenue Bike Lane Gap Closure (ST181 !ATPSB 1 L 5229(017)) 123 G Contract and Insurance Exceptions We have reviewed your Professional Services Agreement (PSA) and are confident that should we be selected for this assignment, we will be able to conclude a mutually satisfactory contract with you. H, Business Entity Type On November 17, 2009, Stantec Consulting Inc. was consolidated with our eastern US operations and became Stantec Consulting Services Inc. (SCSI), a New York corporation. SCSI is a privately held corporation under the umbrella of Stantec Inc., a publicly traded firm on the TSX and the NYSE under the symbol of STN. 1. Conflict of Interest Statement Policy: In order to enhance shareholder value and confidence, all employees of Stantec Inc. and its subsidiaries shall avoid real, apparent, or potential conflicts of interest with Stantec and will ensure that they do not use their relationship with Stantec for personal gain. Practice: Employees have a duty to be free from the influence of any conflicting interest when representing Stantec. In dealings with current or potential clients, subconsultants, suppliers, contractors, and competitors, employees should act in the best interests of the Company to the exclusion of personal advantage. A conflict of interest occurs when an individual's personal or family interests may interfere with the performance of his or her duties or with the best interests of Stantec. Even the appearance of a conflict of interest where none actually exists can be damaging and should be avoided, Whether or not a conflict of interest exists or will exist can be unclear. Stantec employees should not compete with Stantec and should never let business dealings on behalf of Stantec be influenced, or even appear to be influenced, by personal or family interests. These guidelines are to be strictly followed at all times and under all circumstances, Any violation will subject an employee to disciplinary action, up to and including termination. Responsibility to avoid conflicts of interest, or the perception of conflicts of interest arising from outside activities, lies with the individual employee. It is expected that employees will act in the best interests of the company at all times. US and Canadian securities regulatory authorities require that Stantec's chief executive officer and chief financial officer are required to certify the existence and effectiveness of internal controls and disclosure controls in Stantec's annual and interim filings. Additional details, if desired by the City, will be provided. Disclosure: Stantec has thousands of clients and is a wholly owned subsidiary of a publicly traded company. As such, it is possible clients or shareholders may have an interest in the outcome of the project. However, we have no knowledge of relationships warranting disclosure under this section. J. Local Presence Statement Stantec Consulting Services Inc. currently has an office in Irvine, California. K Contract Signatories Pursuant to California Corporation Code Section 313, any contract Stantec Consulting Services Inc. receives for this project will be signed by Douglas Johnson, Vice President and Mohammad Heiat, Principal (signing as secretary) with documentation of his corporate authority to sign as such. 5 Stantec City of Seal Beach Larripson Avenue B ke Lane Gap Closure (STI 81 1 /ATPSB 1 L-5229(017)) + 24 Appendix Resumes Caltrans Forms Exhibit 10-6 Exhibit 10-1 Exhibit 10-01 Exhibit 15-H Exhibit 10-61 (Stantec, Coast Surveying, and Bess Testlab) 5 Stantec City of Seal Beach Lampson Avenue Bike Lane Gap Closure (ST1 Bl l /ATPSBI L-5229(017)) I i Team Resumes YEARS OF EXPERIENCE: 20 EDUCATION: MS, BS, Civil Engineering REGISTRATION: PE #63466, CA TECHNICAL EXPERTISE • Active transportation • Streetscape improvement projects • Pavement rehabilitation and pedestrian/cyclist safety improvements • Street intersection and widening improvements .TEFF WILKERSON PE PROJECT MANAGER/STREET DESIGN TASK MANAGER Jeff has more than 20 years of civil engineering experience working for both public and private clients, with an emphasis on city and airport transportation projects. He has been responsible for the project management, conceptual level design, and delivery of final PS&Es for projects with a wide range of size and scope. Jeff is known for his hands-on design skills, organizational abilities, and delivering projects on schedule and under budget. Jeff is an expert in AutoCAD and Civil 3D and leverages this knowledge to create innovative and efficient solutions to complex engineering problems. SELECT PROJECT EXPERIENCE DALE STREET COMPLETE STREETS, BUENA PARK, CA (PROJECT MANAGER) Jeff is currently managing the first complete streets project in the City of Buena Park. Dale Street was identified in the City's Complete Streets Master Plan as a pilot project to introduce the City and its constituents to complete streets elements. Jeff is leading the effort to help the City implement this project by providing preliminary and final design. Community outreach meetings were held at the nearby Whitaker Elementary School and at one City Council Meeting to discuss the project and answer questions. The improvements will include separated bike lanes, raised median improvements, new landscape and irrigation in the medians and parkways, enhanced crosswalks, and upgraded bus stops. The project has completed preliminary engineering and the 100 percent PS&E should be completed shortly NEWPORT BOULEVARD WIDENING, NEWPORT BEACH, CA (PROJECT MANAGER) Jeff managed conceptual design options for the addition of a northbound through lane between 30th Street to 32nd Street and an additional southbound through lane between Via Lido to 32nd Street. We realigned the road, eliminated on -street parking, and narrowed the existing sidewalk. We also constructed new concrete bike lanes along both sides of Newport Boulevard to provide a connection to existing bike lanes along 32nd Street, west of Newport Boulevard. The project involved pavement rehabilitation and new ADA -compliant curb ramps and driveways and constructed a new parking lot to mitigate on -street parking loss. IRVINE AVENUE PAVEMENT REHABILITATION, NEWPORT BEACH AND COSTA MESA, CA (PROJECT MANAGER) Jeff managed engineering design for pavement rehabilitation and pedestrian and cyclist safety improvements along Irvine Avenue from 16th Street to Santiago Drive. The project constructed sidewalk repairs and ADA -compliant curb ramps for improved safety to school children and pedestrians. A buffer between the bike lane and travel lane will be added from 17th Street to Dover Drive/1 gth Street to increase road safety. To mitigate existing abrupt grade breaks at median noses and steep existing cross slopes and to improve drainage and driver comfort, longitudinal grade break and crown lines were adjusted by providing additional leveling course pavement. ADDITIONAL PROJECT EXPERIENCE • Satna Ana 51h Street Cycle Track, Santa ana, CA • Victoria Street Rehabilitation, Costa Mesa, CA • Oso Parkway Roadway Widening Improvements, Mission Viejo, CA • Paramount Boulevard Median Island Improvements, Downey, CA • Fairview Road and Wilson Street Intersection Improvements, Costa Mesa, CA ■ Lakewood Boulevard Improvements, Phase 313 and 3C, Downey, CA 5 Stantec City of Seal Beach Lampson Avenue Bike Lane Gap Closure (STl 811 /ATPSB I L-5229(017)) 1 ii YEARS OF EXPERIENCE: 39 EDUCATION: MS, BS, Civil Engineering REGISTRATION: PE #45776, CA TECHNICAL EXPERTISE • Street rehabilitation and reconstruction • Intersection widening • Storm drainage • Water and sewer design improvements MOHAMMAD HEIAT PE PRINCIPAL -IN -CHARGE Mohammad has more than 39 years of professional civil and transportation engineering experience, including extensive on-call service experience with local cities in southern California. Additionally, Mohammad has a strong understanding of Caltrans manuals and policies, State Standard Plans and Specifications, Community Development Block Grant (CDBG) Programs, federal requirements, and the Greenbook Standard Specifications for Public Works Construction. Mohammad has managed and overseen preparation of PS&Es for a long list of public works/private infrastructure projects. SELECT PROJECT EXPERIENCE OSO PARKWAY ROADWAY WIDENING IMPROVEMENTS, MISSION VIEJO, CA (PROJECT MANAGER) Mohammad managed the preparation of preliminary and final design plans for widening improvements on Oso Parkway between the 1-5 freeway and County Club Drive, A traffic capacity and operation analysis was prepared for widening alternatives and the recommendation was to add one lane in each direction on Oso Parkway and modify the signals at County Club and Montanoso Drives. The widening improvements required the acquisition of additional right-of-way on both sides of the street and relocation of several utilities along the existing sidewalks. The box culvert for Oso Creek is being lengthened to accommodate the new lanes in each direction, LAKEWOOD BOULEVARD IMPROVEMENTS, PROJECT PHASE 3B & 3C, DOWNEY, CA (PROJECT MANAGER) Mohammad managed delivery of PS&E for street improvements and enhancements along Lakewood Boulevard from Florence Avenue to Telegraph Road. The project was divided into two segments: Lakewood Boulevard between Florence Avenue and Gallatin Road (Phase 3B — approximately 2800'); and Lakewood Boulevard between Gallatin Road and Telegraph Road (Phase 3C — approximately 2700'). NEWPORT BOULEVARD WIDENING, NEWPORT BEACH, CA (PRINCIPAL -IN - CHARGE) Mohammad oversaw engineering design for the addition of a northbound through lane between 30th Street to 32nd Street and an additional southbound through lane between Via Lido to 32nd Street. We realigned the road, eliminated on -street parking, and narrowed the existing sidewalk. We also constructed new concrete bike lanes along both sides of Newport Boulevard to provide a connection to existing bike lanes along 32nd Street, west of Newport Boulevard. The project involved pavement rehabilitation and new ADA - compliant curb ramps and driveways and constructed a new parking lot to mitigate on -street parking loss. JAMBOREE ROAD WIDENING IMPROVEMENTS, NEWPORT BEACH, CA (PRINCIPAL -IN -CHARGE) Mohammad oversaw engineering design services for widening improvements along the eastern side of Jamboree Road between Bristol Street North and Fairchild Road, at the MacArthur Boulevard intersection to provide one additional northbound through lane and one additional southbound left -turn lane on Jamboree Road - ADDITIONAL PROJECT EXPERIENCE • Fairview Road and Wilson Street Intersection Improvements, Costa Mesa, CA • Paramount Boulevard Median Island Improvements, Downey, CA • Howard Way, Century Place and 16th Street Roadway Rehabilitation, Costa Mesa, CA • Victoria Street Rehabilitation, Costa Mesa, CA ® Stantec City of Seal Beach Lampson Avenue Bike Lane Gap Closure (ST181 1 / ATPSB1 L-5229(017)) iii YEARS OF EXPERIENCE: 34 EDUCATION: BS, Civil Engineering REGISTRATION: PE #41751, CA TECHNICAL EXPERTISE Active transportation • Streetscape improvement projects • Pavement rehabilitation and pedestrian/cyclist safety improvements • Street intersection and widening improvements SHERRY WEINMEIER PE, ENV SP, LEED AP BD+C QA/QC MANAGER Sherry has provided civil engineering and design services for public and private infrastructure projects for more than 34 years. Her design experience includes concept design and feasibility studies through final design services for large-scale master planned communities and transformative transportation facilities. Sherry has been responsible for the budgeting, scheduling, staffing, and delivery of final plans, specifications, and estimates for a wide range of projects in size and scope. Her understanding of the detail, as well as the owner goals has resulted in overwhelming success of project delivery on time and on budget. SELECT PROJECT EXPERIENCE 17TH STREET SEPARATED BIKEWAY AND MICHIGAN AVENUE GREENWAY PROJECT, SANTA MONICA, CA (PROJECT MANAGER) Sherry is overseeing the engineering design, site surveys, landscape design elements, and project approvals for this nearly 1 -mile safety improvement project to improve mobility for all modes of travel, including bicyclists, pedestrians and vehicles within the City. The project extends from Pico Boulevard at Santa Monica City College to Santa Monica Boulevard, making an improved connection at the new Metro Expo Station at Colorado Avenue. The project includes new Class IV and Class I bike lanes, curb extensions, drainage, utilities, traffic, lighting, intersection and landscape improvements. New landscaped roundabouts will be constructed along the Michigan Avenue Greenway. Services include full A-E services for the final design and construction documents (PS&Es) and project approvals. Coordination and approvals through LA Metro, the Public Utilities Commission, and Caltrans are also being provided Irvine Avenue Pavement Rehabilitation, Newport Beach and Costa Mesa, CA (Traffic Lead) HERONDO STREET/HARBOR DRIVE GATEWAY PARK AND CYCLE TRACK, REDONDO BEACH, CA (CIVIL ENGINEERING TASK MANAGER) Sherry was the civil engineering task manager for developing plans for proposed bicycle friendly facilities along two important roadways within Redondo Beach's Marina district. This project included several innovative alternatives. Concept drawings and final plans were prepared for the favored alternative, which included a Class IV separated cycle track and City Welcome Park while increasing parking capacity within the coastal zone. The project included traffic analysis and simulation of the road diet and roundabout, conceptual visualization, field survey and aerial topography, civil design of the cycle track, drainage facilities, landscape and site furnishings, and related signing and striping plans. SANTA ANA BOULEVARD AND 5TH STREET CYCLE TRACK, SANTA ANA, CA Sherry managed the preliminary design and precise geometries for this 2.4 -mile separated bikeway in the City. She managed concept refinements and precise alignment studies for the protected bike lanes utilizing raised medians, landscape improvements, bulb -outs at designated intersections, and traffic signal modifications. The design will complete a one-way cycle track in each direction along Santa Ana Boulevard, 5th Street, and 6th Street connecting the Santa Ana Regional Transportation Center to the downtown civic center area. The total project length is approximately 2 miles of one-way cycle track and 0.4 miles of two-way cycle track. ADDITIONAL PROJECT EXPERIENCE Safe Routes to School Projects, Santa Monica, CA Sand Canyon Avenue Widening and Realignment, Irvine, CA Camino Del Rio Traffic Calming and Roundabout Improvements, San Clemente, CA ® Stantec City of Seal Beach Lampscn Avenue Bike Lane Gap Closure (SI -1 8 1 1 /ATPSB 1 L-5229(0"1 )) iv YEARS OF EXPERIENCE: 34 EDUCATION: MS, Civil/ Transportation Engineering; BS, Administrative Studies REGISTRATION: TE #1647. CA TECHNICAL EXPERTISE • Roadway alignment studies • Highway and street improvements design • Interchanges and ramps Signing, striping, traffic signal, and traffic control plans YEARS OF EXPERIENCE: 38 EDUCATION: MS, Civil/Structural Engineering BS, Civil Engineering REGISTRATION: PE #C38639, CA QSP/QSD #01336, CA TECHNICAL EXPERTISE • Highway and street improvements design • Federal funding • Site design KEITH RUTHERFURD TE TRAFFIC DESIGN TASK MANAGER Keith offers 34 years of transportation and traffic engineering experience with a broad background in transportation analysis and design plans preparation. He has performed technical analyses and studies, prepared various reports, and designed improvement plans for numerous public works projects. Keith's specific transportation engineering experience includes road alignment studies, highway and street improvements design with geometric studies, interchanges, and ramps; traffic engineering, including site impact studies, and signing, striping, traffic signal, and traffic control plan design. ADDITIONAL PROJECT EXPERIENCE • Bison Avenue, San Joaquin Hills Road, and San Nicolas Drive Pavement Rehabilitation, Newport Beach, CA ■ Irvine Avenue Pavement Rehabilitation, Newport Beach and Costa Mesa, CA • Newport Boulevard Widening, Newport Beach, CA • Jamboree Road Widening Improvements, Newport Beach, CA • Oso Parkway Roadway Widening, Mission Viejo, CA • Fairview Road and Wilson Street Intersection Improvements, Costa Mesa, CA ■ Lakewood/Rosemead Boulevard at Telegraph Road Improvements, Downey, CA ■ Santa Ana 5th Street Cycle Track, Santa Ana, CA (Design Engineer) CARLOS PINEDA PE, LEED AP, QSP/QSD CALTRANS LAPM COORDINATOR Carlos has more than 38 years of experience in civil engineering and project management. His extensive public works design experience spans a variety of projects, including improving major arterials, secondary highways and collectors, flood control and drainage projects, ADA retrofit, and safe routes to school projects. Carlos' private sector design experience covers a wide range of projects, including residential master planned communities, "in tract" residential improvements, and commercial centers. ADDITIONAL PROJECT EXPERIENCE • Fairview Road Safety Improvements, Costa Mesa, CA • Artesia Boulevard Rehabilitation and Stanton Avenue Reconstruction, Buena Park, CA • Oso Parkway Roadway Widening, Mission Viejo, CA ■ Leland Way Streetscape Improvements, Burbank, CA ■ Cress Street Sidewalk and Wall Improvements, Laguna Beach, CA ■ North San Fernando Boulevard Safety Improvements, Burbank, CA ■ Los Serranos Infrastructure Improvements - Safe Routes to Schools Program Phase 3, Chino Hills, CA ® Stantec City of Seal Beach Lampson Avenue Bike Lane Gap Closw'e (ST 1811 IATPSBI L-5229(017)) v YEARS OF EXPERIENCE: 8 EDUCATION: BS, Civil Engineering REGISTRATION: PE #088915, CA TECHNICAL EXPERTISE Design and preparation of PS&Es for roadway, residential, site improvements; water and sewer systems; and structural design projects YEARS OF EXPERIENCE:1 EDUCATION: BS, Civil Engineering REGISTRATION: EIT #165031, CA TECHNICAL EXPERTISE • Design and preparation of PS&Es for roadway improvements DAVE LEW PE STREET DESIGN PROJECT ENGINEER/UTILITY COORDINATOR Dave's more than eight years of professional engineering experience includes both public and private projects. His technical experience involves design and preparation of plans, specifications and estimate packages for roadway improvements, residential improvements, site improvements, water and sewer systems, and structural design projects. Dave has extensive knowledge in AutoCAD and Civil 3D software_ AUSTIN CARLINE EIT STREET DESIGN ENGINEER Austin joined Stantec as a Civil Engineer -In -Training and has experience in both public and private projects. His technical experience includes the design of roadways, medians, and ADA ramps, and the preparation of street improvement, signing and striping, and precise grading plans. Austin is experienced with AutoCAD Civil 3D, AutoTurn, and Mircostation, ADDITIONAL PROJECT EXPERIENCE • Dale Street Complete Streets, Buena Park, CA • Newport Boulevard Widening Project, Newport Beach, CA • Santa Ana Boulevard and 5th Street Cycle Track, Santa Ana, CA • Oso Parkway Roadway Widening, Mission Viejo, CA • Paramount Boulevard Median Island Improvements (CIP 14-18 and 14-19), Downey, CA • Fairview Road and Wilson Street Intersection Improvements, Costa Mesa, CA • Lakewood/Rosemead Boulevard at Telegraph Road Improvements, Downey, CA = Bellflower Boulevard Pavement ADDITIONAL PROJECT EXPERIENCE ■ Dale Street Complete Streets, Buena Park, CA • Paramount Boulevard Median Island Improvements (CIP 14-18 and 14-19), Downey, CA ■ Irvine Avenue Pavement Rehabilitation, Irvine, CA • Oso Parkway Roadway Widening, Mission Viejo, CA • John Wayne Airport Schematic Civil Design, Santa Ana, CA • Woodruff Water System Improvements, Downey, CA • 17th Street Class IV Bikeway, Santa Monica, CA • Katella/Struck Intersection Improvements, Orange, CA 5 Stantec City of Seal Beach Larnpson Avenue Bd<e Lane Gap Closure (ST181 1 %ATPSBI L-5229(01 7)) vi YEARS OF EXPERIENCE: 28 EDUCATION: BS, Agicultural Business Management REGISTRATION: PLA #4053, CA CLIA #82148, CA LLC, #C27-528894, CA TECHNICAL EXPERTISE • Landscape and irrigation design and plan preparation YEARS OF EXPERIENCE: 9 EDUCATION: MLA, Landscape Architecture REGISTRATION: PLA #6100, CA TECHNICAL EXPERTISE • Landscape and irrigation design and plan preparation STEVE COOK PLA, CLIA, LLC LANDSCAPE ARCHITECTURE Steve's more than 28 years of combined experience as a Registered Landscape Architect, a Licensed Landscape Contractor, a Certified Water Auditor, and a Member of the Environmental Protection Agency's (EPA) Watersense Partnership Program provide him a broad base of valuable knowledge. Steve's experience as a Landscape Architect and a Certified Landscape Water Auditor provide him the knowledge necessary to design the most current environmentally friendly and efficient irrigation delivery systems. KATIE MCNGUYEN PLA LANDSCAPE ARCHITECTURE Katie's more than nine years of landscape architecture experience has allowed her to see firsthand how to design a project from the ground -up. As a skilled landscape contractor and licensed landscape architect, Katie exhibits both hands-on experience and technical skills essential for design development and construction administration. Her construction administration experience involves plan checking, tagging trees in the field, and attending routine construction meetings. Katie focuses her designs on the ease of maintenance and creative plant layout options that are both environmentally conscious and aesthetically pleasing, ADDITIONAL PROJECT EXPERIENCE • Dale Street Complete Streets, Buena Park, CA • Herondo Street/Harbor Drive Gateway Park and Cycle Track, Redondo Beach, CA • Santa Ana Canyon Road, Anaheim, CA • Anaheim Resort District Plan Update, Anaheim, CA • Culver Drive/ University Avenue Intersection and Widening, Irvine, CA • Katella Avenue Smart Street Improvements, Ninth Street to Humor Drive, Anaheim, CA • Laguna Beach Pathway Project, Laguna Beach, CA ■ San Diego Creek Channel Bike Trail Relocation, Irvine, CA • Maine Avenue Complete Street, Baldwin Park, CA ADDITIONAL PROJECT EXPERIENCE • Dale Street Complete Streets, Buena Park, CA • University Towne Center (UTC) Revitalilzation, San Diego, CA • Anaheim Resort District, Anaheim, CA • Alta Laguna Park Improvements and Irrigation Analysis, Laguna Beach, CA • Helendale Community Park, Helendale, CA • Maine Avenue Complete Streets, Baldwin Park, CA • Santa Ana Canyon Road, Anaheim, CA • South Street Gap Closure, Anaheim, CA • 17th Street/Santa Monica College/Expo Bike Path Connection, Santa Monica, CA 5 Stantec City of Seal Beach Lampson Avenue Bike Lane Gar Closure (ST181 1 /ATPSBI L-5229(017)) vii YEARS OF EXPERIENCE: 6 EDUCATION: BS, Civil Engineering REGISTRATION: TE #2856, CA TECHNICAL EXPERTISE • Traffic operations analysis Traffic signal timing and warrants • Speed studies • Impact analysis Signing and striping, traffic signal, and traffic control design plans YEARS OF EXPERIENCE: 36 REGISTRATION: PLS #9306, CA TECHNICAL EXPERTISE • Survey and mapping JOSH PARK TE TRAFFIC PROJECT ENGINEER Josh has more than six years of traffic and transportation engineering experience. His technical experience includes traffic operations analysis including traffic signal timing and warrants, speed studies, impact analysis and the preparation of signing and striping, traffic signal, and traffic control design plans. Josh has extensive knowledge in AutoCAD and various traffic forecasting and planning software such as Synchro and PTV Vistro. He also has been involved in the preparation of plans and estimate packages for roadway improvements including bridge structures for grade separation projects, NICK COATES PLS SURVEY AND MAPPING Nick has more than 36 years of diverse, worldwide surveying experience in both the field and office performing many types of surveying, including vertical and horizontal control, photo control, GPS surveys, topographic surveys, design surveys, boundary surveys, right- of-way surveys, monitoring surveys, and construction layout, ADDITIONAL PROJECT EXPERIENCE • Newport Boulevard Widening Improvements, Newport Beach, CA • Oso Parkway Roadway Widening, Mission Viejo, CA • Lakewood Boulevard Improvements, Phases 3B and 3C, Downey, CA • University Drive and Ridgeline Drive/ Rosa Drew Lane Intersection • Culver Drive/ University Drive Intersection Improvement Project Traffic Analysis, Irvine, CA • Armstrong Ranch Traffic Impact Analysis, Ontario, CA • Beach Boulevard/Warner Avenue Intersection Improvements ADDITIONAL PROJECT EXPERIENCE ■ Rosa Parks/Willowbrook Station Renovation, Los Angeles, CA • LAX CTA Survey Control, Los Angeles, CA • Foothill Layover Sites, Los Angeles, CA • Rail to Rail Active Transportation Corridor, Los Angeles, CA • 1-405 Improvements, Orange County, CA • Metro Purple Line, Los Angeles, CA • LAX ConRAC, Los Angeles, CA • Lankershim Boulevard Green Streets, Los Angeles, CA • PCH Intersection Surveys, Laguna Beach, CA 5 Stantec City of Seal Beach Lampson Avenue Bike Lane Gap Closure (STI 81 1 iATPSB1 L-5229(017)) viii Local Assistance Procedures Manual EXHIBIT 10-B Suggested Consultant Evaluation Sheet EXHIBIT 10-B SUGGESTED CONSULTANT EVALUATION SHEET * CONSULTANT/FIRM NAME: Criteria Max Points Rating Understanding of the work to be done 25 Experience with similar kinds of work 20 Quality of staff for work to be done _....... _ ..... Capability of developing innovative or advanced techniques 15 ------ ---- 10 Familiarity with state and federal procedures 10 Financial responsibility 10 Demonstrated Technical Ability 10 Total 100 0 Evaluator Print Name: Signature: Date: Contract Office Initials: Date: *Notes: 1. To maintain the integrity of a competitive negotiation/qualifications based selection procurement, the total of all allowable non -qualifications based evaluation criterion (such as local presence or DBE participation) cannot exceed ten (10) percent of the total evaluation criteria. The ten percent limitation applies only to non - qualifications based evaluation criterion and should not be considered as a limitation for specific DBE contract goals established by a contracting agency in accordance with its approved DBE program. (see ilttp:/Iwww.shwa,dot.gov/nrmtranfadaninll72go 07.c1W. 2. For projects other than "Architectural & Engineering" set -vices, as defined in Section 10, 1, cost is one of the criteria, or may be the sole criterion. DBE participation by the consultant shall not be used as one of the criteria listed above. 3. The evaluation criteria and suggested maximum points shown above are not mandatory, but are recommended in the interest of maintaining consistency among the hundreds of agencies utilizing federal or state funds. 4, The evaluation criteria and weighted values must be identified in the RFP. If the RFP has different evaluation criteria or weighted values then the information above would have to be changed to match. The Contract Office is to initial and date in the space provided to verify that the criteria and weighted values used in the evaluation sheet are appropriate and that the sheet has been completed correctly. 5. Caltrans participation on the interview panel does not relieve the local agency of its responsibility to ensure that proper procurement procedures are followed and requirements are met. Distribution: Local Agency Project Files Page 1 of 1 Last Updated February 12, 2015 ® Stantec City of Seal Beach , Lampson Avenue Bike Lane Gap Closure (STI 81 1/ATPSBI L-5229(017)) ix Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION (Federally funded projects only) The Agency has established a DBE goal for this Contract of 1. TERMS AS USED IN THIS DOCUMENT 12 % • 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. • The term "Agreement" also means "Contract." Agency also means the local entity entering into this contract with the Contractor or Consultant. The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. 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. 3. 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 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 meeting the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 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. Page 1 of 2 January 2020 5 Stantec City of Seal Beach Lampson Avenue Bike Lane Gap Closure (ST'1811 %AT PSB 1 L-5229(017)) x Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information 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 Civil Rights tivebsite. 1. Click on the link titled "Access the DBE Query Form" 2. Click on "Start DBE Firms Query" link Searches can be performed by one or more criteria. Follow instructions on the screen. 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 lease 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 lease 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 services. Page 2 of 2 January 2020 ® Stantec City of Seal Beach i Lampson Avenue Bile Lane Gap Closure (ST 181 1 /ATPSB 1 L-5229(017)) xi 5 1,ocal Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANTPROPOSAL DBE COMMITMENT 1. Local Agency: 9ntec ConsuhjPig, Micg�1y6_ _ 2 Contract DBE Goal: 3, Project Description: i§olassional Ennmeen0,q Desloa Sanncas, 4 Project Location: � IM.,= vcmua 131kn (we Gan Dulneura m the Ct(v�f Sml [leacn 5, Consultant's Name: _ Slantec C;ingyltiq$@(_ywm Inc. 6, Prime Certified DBE ❑ 7 Description of Work, Service, or Materials 8. DBE Certification 9. DBE Contact Information 10, DBE Supplied Number Survey and mapping 2128 Coast Surveying, Inc, 15031 Parkway Loop B. Tustin, CA 92780 12% 714 091 &6266 Local Agency to Complete Mk Section 17 Local Agency Contract Number: ST1811 19. Federal -Aid Project Number: ATPSBIL- 522 9 (017 ) 11. TOTAL CLAIMED DBE PARTICIPATION 12 % 19. Proposed Contract Execution Date: 1 20 Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all OBE certifsralions are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is oom 1d required. 4/ 16 / 2 0 2 0 March 2020 ApancyRepresertaiive'sSig nalrery 22. Date 12. Preparers Signature 13. Date Iris Lee 562-431-2527, Mohammad Heiat (94919236962 23. Local Agency Representative's Name 24 Phone 14. Preparer's Name 15 Phone City Engineer Princnal 25. Local Agency Representative's Title 16. Preparer's Title DISTRIBUTION: Original — Included with consultant's proposal to local agency ADA Notice; For individuals with sensory disabilities, (his document Is available in alternate formals For information call (916) 654-6410 or TDD (916) 654- 3880 or wrile Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814- LPP 18-01 Page 1 oft January 2019 ® Stantec City of Seal Beach I ampson Avenue Bike Lane Gap Closure (ST1811/ATPSBI L-5229(017)) , xii Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort EXHIBIT 15-H: PRO POSER/CONTRACTOR GOOD FAITH EFFORTS Cost Proposal Due Date Federal -aid Project No(s). 5229 017) Bid Opening Date PE/CE CON The City of Seal Beach established a Disadvantaged Business Enterprise (DBE) goal of 12 % for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal. Proposers or bidders submit the following information to document their good faith efforts within five (5) business days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-01: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer's or bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions, please attach additional sheets as needed: Good faith effort not required — Stantec will meet or exceed 12% DBE goal A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates Page 1 of 3 January 2020 ® Stantec Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal. Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of (Y/N) Contract Good faith effort not required — Stantec will meet or exceed 12% DBE goal 0.00% 0.00% 0.00% 0.00% D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs: Page 2 of 3 January 2020 ® Stantec City of Seal Beach i Lampson Avenue Bike Lare Gap Closure (STI S1 l ATPSB'l L-5229(01 %)) ' xiv Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: Good faith effort not required - Stantec will meet or exceea iz io ubt goa G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts: Page 3of3 January 2020 ® Stantec City of Seal Beach I Lampson Avenue Bike Lane Gap Closure (ST 1811 /ATPSBI L-5229(01 i j) i xv Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime E]Subawardee Tier if known Congressional District, if known Congressional District ' known 6. Federal Department/Agency: 7. Federal Progr 11 rlptiott: CFDA N cable 8. Federal Action Number, if known: 9. Award Am i, i nown: 10. Name and Address of Lobby Entity 11. In forming Services (If individual, last name, first name, MI) ( cludg rens if different from No. 10) ( n , first name, MI) (attach Continual io ifllecessary) 12. Amount of Payment (check all that apply) Type of Payment (check all that apply) $ ❑ actual ❑plan a. retainer b. one-time fee 13. Form of Payment (check all that ap ): c. commission ®a. cash d. contingent fee b. in-kind; specify: n e deferred c f. other, specify 15. Brief Description Ver&ccs firformed or to be performed and Date(s) of Service, including officer(s), employee o er{s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) if necessary) 16. Continuation NZ . attached: Yes ❑ No ❑ 17, Information requested through this form is authorized by Title�� A 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: Mohammad Heiat 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: Principal to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: 949.923.6962 Date:March 6, 2020 Federal Use Only: Standard Form LLL Rev. 04-28-06 Distribution: Orig- Local Agency Project Files Authorized for Local Reproduction Standard Form - LLL Page 1 LPP 13-01 May 8, 2013 ® Stantec City of Seal Beach Lampton Avenue Bike Lane Gap Closure (ST1 g 1 1 ATPSB1 L-5229(01 7)) xvi Local Assistance Procedures Manual NOT APPLICABLE EXHBIT l0 -Q TO COAST SURVEYING Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: 10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ ❑ actual ❑ planned a. retainer b. one-time fee 13. Form of Payment (check all that apply): C. commission ❑a. cash d. contingent fee b. in-kind; specify: nature —� a deferred Value _ f. other, specify 15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes ❑ No ❑ 17, Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: Nicholas Coates 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Vice President person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: 714-918-6266 _ Date: 03/03/2020 Federal Use Only: Standard Form LLL Rev. 04-28-06 Distribution: Orig- Local Agency Project Files Authorized for Local Reproduction Standard Form - LLL Page 1 LPP 13-01 May 8, 2013 ® Stantec City of Seal Beach I Lampson Avenue Bike Lane Gap Closure (STI 811 /ATPSB 1 L-5229(0"17)) 1 xvii NOT APPLICABLE Local Assistance Procedures Manual TO BESS TESTLAB EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract ❑ a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee yearquarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime E]Subawardee Tier if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, ifapplicable 9. Award Amount, ifknown: 10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) e ❑ actual ❑ planned a. retainer b. one-time fee 13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in-kind; specify: nature a deferred Value f. other, specify 15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes ❑ No ❑ 17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature:: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: Donald Whitman 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: PromectManager to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: (909) 510-5535 Date: 3/4/2020 Federal Use Only: Distribution; Orig- Local Agency Project Files Authorized for Local Reproduction Standard Form - LLL Page 1 LPP 13-01 May 8, 2013 ® Stantec City of Seal Beach i Lampson Avenue Bike Lane Gap Closure (ST 18 11 %Al -PSB' 1_-5229(017)) 1 xviii (3 Stantec March 6, 2020 Revised March 26, 2020 City of Newport Beach Public Works Department Attn: Iris Lee, Deputy Public Works Director/City Engineer 211 Eighth Street Seal Beach, California 90704 RE: Proposal for Lampson Avenue Bike Lane Gap Closure (ST1811 /ATPSBI L-5229(017)) Stantec Consulting Services Inc. 38 Technology Drive, Irvine, California 92618 (949) 923-6000 Dear Ms. Lee and Selection Committee Members: Per your RFP, we are providing our fee in this separate sealed envelope. We have included the LAPM Exhibit 10-H1 form along with a spreadsheet that lists the rates, hours, and reimbursables broken down by task. At Stantec, we strongly believe that the measurement of value is partially referenced from pricing, but also from credentials and capabilities. Our rates were created with an understanding of this balance. Should you have any questions or require additional information about our proposal, please contact us at the information below. We are confident that a successful Lampson Avenue Bike Gap Closure project is just around the corner, Sincerely, STANTEC CONSULTING SERVICES INC. kj'�'44w- cif Wilkerson, PE Project Manager (949) 923-6959 jeff wilkerson@stantec.com Mohammad Heiat, PE Principal -in -Charge (949) 923-6962 mohammad.heiat@stantec.com LU � § § � La / Ln LA / § / k § ) k bd Fo ) k § § � in § § � LU§ § § \\�\/\(\}}(�\'\} { a^ k ) ex LLA, - - - (} LA i •_m G� �j usism / , . s,el;Q:l;awm� Q ;. . �o _av§� _, m \ _l g Dweil Q m .- �r ; Ja2eueVy ; xsel M weosp m � � w .� ! fcJd p laseumr } ;;,; �,��;;;��1:.,,,,;;;;: ) � - «;n )} §[) : - k }\ \ ` } . —\\{ IS \ !§yG 2■a § t7,§�:f:a\If�,>�!§;) :«!E!{) °�®® _ }'yoy;fu®l�zs!)/g :g2!»:; ƒ ! Local Assistance Procedures Manual EXHIBIT 10 -HI Cost Proposal EXHIBIT 10 -HI COST PROPOSAL Page 1 of COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark-ups areNpi Allowed ® Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant Consultant Stantec Consulting, Services Inc. Project No. 5229(017) Contract No. DIRECT LABOR Date March 26, 2020 Classification/Title Name Hours Actual Hourly Rate Total Principal Mohammad Heiat/Sherry Weinmeier 31 $ 92.77 $ 2,875.87 Project/Task Manager Carlos Pineda/Jeff Wilkerson, Keith 171 $ 75.95 $12,982.32 Test Rutherfurd FIXED FEE k) TOTAL FIXED FEE [(c)+0)] x fixed fee 10.00%] $ 11,200.45 11 CONSULTANT'S OTHER DIRECT Landscape Task Mgr Steve Cook 76 $ 59.20 $ 4,499.20 Project/Traffic Eng Dave Lew/Josh Park 223 $ 45.06 $10,048.38 Design Engineer Austin Carline 270 $ 31.42 $ 8,483.40 Landscape Architect Katie McNguyen 80 $ 39.89 $ 3,191.20 LABOR COSTS Quantity Unit Unit Cost a) Subtotal Direct Labor Costs $ 42,080.37 b) Anticipated Salary Increases (see page 2 for calculation) $ 0.00 $1,327.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 42,080.37 INDIRECT COSTS $ d) Fringe Benefits (Rate: 52.39%) e) Total Fringe Benefits [(c) x (d)] $ 22,044.22 f) Overhead (Rate: 113.78%) g) Overhead [(c) x (f)] $ 47,879..89 h) General and Administrative (Rate: 0.00%) i) Gen & Admin [(c) x (h)] $ 0.00 Test j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 69,924.11 FIXED FEE k) TOTAL FIXED FEE [(c)+0)] x fixed fee 10.00%] $ 11,200.45 11 CONSULTANT'S OTHER DIRECT CnV4TS (C]DCl — ITEMTZR (Arid udditinnal nanaa if naracear '& Description of Item Quantity Unit Unit Cost Total Mileage Costs 1 1 $1,328.00 $1,327.00 Equipment Rental and Supplies $ $ Permit Fees $ $ Plan Sheets $ $ Test $ $ 1) 1 U I AL U'1'HER DIRECT CUSPS $1,327.00 m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) _Subconsultant 1: Coast Surveying Subconsultant 2: Bess Testlab Subconsultant 3: Subconsultant 4: $ 17,500.00 $ 2,894.21 $ m) TOTAL SUBCONSULTANTS' COSTS $ 20,393.21 n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1)+(m)] $ 21.721.21 TOTAL COST [(c) + 0) + (k) + (n)] $ 144.926.14 NOTES: 1. Key personnel must be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. Page 1 of 9 January 2020 Statement of Qualifications for Transportation Planning and Engineering Design Services 3 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5 Year Subtotal per Cost Cost Proposal Hourly Contract Proposal Rate Duration $250,000.00 5000 = $50.00 Year 1 Avg Year 3 $52.02 + 2% _ 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 Total Hours per Cost Total Hours per Year 1 $50.00 + 2% _ $51.00 Year 2 Avg Hourly Rate Year 2 $51.00 + 2% _ $52.02 Year 3 Avg Hourly Rate Year 3 $52.02 + 2% _ $53.06 Year 4 Avg Hourly Rate Year 4 $53.06 + 2% _ $54.12 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) NOTES: 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2020 Statement of Qualifications for Transportation Planning and Engineering Design Services 4 Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1 Year 2 40.0% * 5000 = 2000 Estimated Hours Year 2 Year 3 15.0% * 5000 = 750 Estimated Hours Year 3 Year 4 15.0% * 5000 = 750 Estimated Hours Year 4 Year 5 10.0% * 5000 = 500 Estimated Hours Year 5 Total 100% Total = 5000 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 $50.00 * 1000 = $50,000.00 Estimated Hours Year I Year 2 $51.00 * 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 * 750 = $39,015.00 Estimated Hours Year 3 Year 4 $53.06 * 750 = $39,795.30 Estimated Hours Year 4 Year 5 $54.12 * 500 = $27,060.80 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $257,871.10 Direct Labor Subtotal before Escalation = $250,000.00 Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10 NOTES: 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2020 Statement of Qualifications for Transportation Planning and Engineering Design Services 4 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Propa5al EXHIBIT 10-H1 COST PROPOSAL Page3 ora Certificalion of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Tille 23 Llai ed 5tatcs Code Section 112 - Letting of Contracts 4. 48-(:pdc of Fedcral Regglations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Fedaral Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code QjyFederal RegulgiLgo Part 4904 - Cost Accounting Standards Boats (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s), Prime Consultstnt or Subconst#Itant Certifying: Name: Signature Title *: Executive Vice President Date of Certification (mm/dd/yyyy): Q3/0G'202(} Email: eric.nielsen(a.stantec.gpM _ Phone Numbec944A23.6000 Address: 38 Technology Drive. Irvine_ CA 4261.$ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is praviatng unaer me prplpaseo contract: Civil and Traffic Engineering Services, Landscape Services Page 3 of 9 January 2020 Local Assistance Procedures Manual Exhibit 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL PAGE 1 OF 3 ACPUAL COST -PWS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) ❑ Prime Consultant Ex Subconsultant ❑ 2nd Tier Subconsultant Note: Mark-ups are Not Allowed Consultant Coast Surveying, Inc. Project No. T iDUCIr I AunD Contract No. Date 3/3/2020 Classification/Title Name hours Actual Hourly Ratt Total Survey Manager* Nick Coates, PLS 4 $68.00 $272.00 Project Surveyor TBD 4 $59.00 $236.00 Survey Analyst TBD 28 $47.50 $1,330.00 Party Chief** TBD 48 $54.11 $2,597.28 Chainman** TBD 48 $48.68 $2,336.64 LABOR COSTS a) Subtotal Direct Labor Costs $6,771.92 b) Anticipated Salary Increases (see page 2 for calculations) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $6,771.92 INDIRECT COSTS d) Fringe Benefits (Rate 82.79% ) ;) Total Fringe Benefits [(c) x (d)] 5606.472568 0 Overhead (Rate 15.66% ) g) Overhead [(c) x (f)] 1060.482672 h) General and Administrative (Rate: 36.57%) icn & Admin [(c) x (h)] 2476.491144 j) TOTAL INDIRECT COSTS [(c) + (g) + (i)] FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.00%_ 11 PnNC11r.TANT1R nTHF.R nTRF.f'T f'nv.TS N]FH I - TTF.MIZF. fAdd additional napes if netmg9rv1 $9,143.45 $1,591.54 Description of Item Quantity Unit Unit Cost Total Mileage Costs $0 $0 Equipment Rental and Supplies $0 $0 Permit Fees SO $0 Plan Sheets $0 $0 Test $0 $0 1) TOTAL OTHER DIRECT COSTS $0 m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: $0 Subconsultant 2: $0 Subconsultant 3: $0 Subconsultant 4: $0 m) TOTAL SUBCONSULTANTS' COSTS $0 n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [([)+(m)] $0 TOTAL COST [(c) + 6) + (k) + (n)] $17,507 NOTES: 1. Key personnel must be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2, The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3, Anticipated salary increases calculation (page 2) must accompany. Page 1 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H 1 Cost Proposal EXHIBIT 1 0-H1 :OST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements 1. Generally Accepted Accounting Principles (GAAP) 2 Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or 5ubconsultant Certifyinw Name: Nicholas Coates Dlglle�:y sgnon of N�tri;to� Coates nilCllola5C08tGS oa�sxazawa�+erg.}x-oeoa Sippature -. Title ': Vice President Date of Certification (mm/dd/yyyy): 03/03/2020 Email: nick.coates@coastsurvey.com _ Phone Number: 714-918-6266 Address: 15031 Parkway Loop, Suite B, Tustin, CA 92780 =An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing underthe proposed contract: Land Surveying Services Page 3 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal Reset Farm EXHIBIT IO -HI COST PROPOSAL Page 1 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark-ups are Not Allowed ❑ Prime Consultant 2 Subconsultant 112' Tier Subconsultant Consultant Bess Testlab Inc Project No. M12 PT T A UnD Contract No. Date 03/04/2020 Classification/Title Name Hours Actual Hourly Rate Total Project Management Donald Whitman 2.00 $ 34.00 $ 36.34 $ 36.34 $ 36.34 $ 68.00 $ 145.36 $ 145.36 $ 145.36 Potholing Techician Elgin Jay ** Charles Edwards** Matt Fraijo** 4.00 Potholing Techician 4.00 Traffic Control Tech 4.00 LABOR COSTS $ 504.08 a) Subtotal Direct Labor Costs Unit Cost b) Anticipated Salary Increases (see page 2 for calculation) $ 36.72 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 540.80 INDIRECT COSTS hr d) Fringe Benefits (Rate: 27.649/) e) Total Fringe Benefits [(c) x (d)] $ 149.48 f) Overhead (Rate: 108.370i ) g) Overhead [(c) x (f)] $ 586.06 h) General and Administrative (Rate: 49.41% ) i) Gen & Admin [(c) x (h)] $ 267.21 $ 65.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 1,002.75 FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 13.00% ] $ 200.66 11 CnNSITLTANT'S OTHFR DIRECT COSTS (ODC) - ITEMIZE (Add additional naees if neeessarv). Description of Item Quantilv Unit Unit Cost Total Mobilization/De-mobilization hr $ 200.00 $ 400.00 Vacuum Excavator Air 4 hr $ 65.00 $ 260.00 Traffic Control Truck w/ Arrow Board 4 hr $ 25.00 $ 100.00 Traffic C ntrol Plans 1 pace $ 300.00 $ 300.00 $ 0.00 1) TOTAL OTHER D1REU-1 COS IN x_11.50.0.0_ m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: m) TOTAL SUBCONSULTANTS' COSTS $ 0.00 n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1)+(m)] $ 1 1.-,o nn TOTAL COST [(c) + (j) + (k) + (n)] $ 2,894.21 NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. Page 1 of 9 January 2020 Statement of Qualifications for Transportation Planning and Engineering Design Services 8 Local Assistance Procedures Manual EXHIBIT 1 0-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: EXHIBIT 10-H1 Cost Proposal I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements Generally Accepted Accounting Principles (GAAP) Terms and conditions of the contract 3 Title 23 United States Code Section 112 - Letting of Contracts 4 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s) Prime Consultant or Subconsultant Certif in : Name Joseph Bohorquez Signature oes Email: Joseph@besstestlab.com Address 2463 Tripaldi Way Hayward CA. 94545 Title *: General Manager Date of Certification (mm/dd/yyyy): 03/04/2020 Phone Number: 408988-0101 "An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Utility Potholing Services Page 3 of 9 January 2020 Statement of Qualifications for Transportation Planning and Engineering Design Services 9 RESOLUTION 7021 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR THE LAMPSON AVENUE BIKE LANE GAP CLOSURE, CIP STI 811 WHEREAS, on February 10, 2020, the City issued a Request for Proposals from qualified professionals to prepare the Lampson Avenue Bike Lane Gap Closure design pursuant to the Caltrans Local Assistance Program Manual (LAPM); and WHEREAS, on March 6, 2020, the City received seven (7) proposals in response to the Request for Proposals; and WHEREAS, the City performed a detail review and evaluation of the proposals; and WHEREAS, the City has determined that Stantec Consulting Services, Inc. is most qualified to provide professional engineering design services for the Lampson Avenue Bike Lane Gap Closure. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby awards a Professional Services Agreement to Stantec Consulting Services, Inc. for the Lampson Avenue Bike Lane Gap Closure in a not -to -exceed amount of $144,926, and rejects all other proposals; and, SECTION 2. The City Council hereby authorizes and directs the City Manager, or her designee, to execute the Professional Services Agreement on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 2020 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore,_ Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ATTEST: G1br'1-a'D.-HarpEVr, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } Schelly Sustarsic, Mayor I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7021 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2020. Gloria D. H r er, City Clerk