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CC 2013-01-08_08.g. Agreement for Design of Montego Street SidewalksMEMORANDUM TO: CITY COUNCIL FROM: BY: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR MIKE LINN, ASSISTANT CITY ENGINEERfi..- SUBJECT: CONSIDERATION OF AN AGREEMENT WITH EIKHOF DESIGN GROUP, INC. TO DESIGN THE MONTEGO STREET NORTH SIDEWALK, PHASE II PROJECT DATE: JANUARY 8, 2013 RECOMMENDATION: It is recommended the City Council: 1. Approve a modified consultant services agreement with Eikhof Design Group, Inc. in the amount of $8,580 for the Montego Street Sidewalk, Phase II Project; and 2. Authorize the Mayor to sign the agreement with Eikhof Design Group, Inc. FINANCIAL IMPACT: In 2008, the City was successful in securing $259,000 of Federal Safe Route to School (SRTS) grant funds for 100% of the project costs. There is no requirement for a local match. The funds were programmed for FFY 2011-12 which requires the City to meet a delivery deadline of September 30, 2012, which is the end of the federal fiscal year. Since this project did not meet the delivery milestone deadline, the project has been flagged by Caltrans, who administers the funds, and the City will not be able to apply for any new Safe Routes to School projects until the flag is removed with a project authorization approval. At this time, Caltrans has informed the City that when a new SRTS call for projects is announced, which is anticipated for Spring 2013, unused funds on projects such as this one may lose their funding in order to fund new projects that can make delivery milestone deadlines. Caltrans also noted that since the delivery milestone deadline has passed, there are no absolute guarantees with the availability of federal funding. Therefore, Caltrans recommends the City move ahead as quickly as possible while project is still on the flagged list. Item 8.h. - Page 1 CITY COUNCIL CONSIDERATION OF AN AGREEMENT WITH EIKHOF DESIGN GROUP, INC. TO DESIGN THE MONTEGO STREET NORTH SIDEWALK, PHASE II PROJECT JANUARY 8, 2013 PAGE 2 BACKGROUND: The City has been awarded federal grant funds as part of the Safe Routes to School Program to construct sidewalks on both sides of Montego Street, between Hillcrest Drive and the cul-de-sac adjacent to Ocean View Elementary School. Phase I of the project, constructing sidewalks on the south side of Montego Street, was designed and administered by a local consultant, the Wallace Group, in the late 1990's. The project was difficult as the existing houses had been constructed on hillsides at a lower elevation than the Montego Street roadway. Since the new sidewalks required a level surface, it required additional fill in many areas and effectively shortened the driveway length between the back of the new sidewalk and the homes. Although the project was considered a success, several of the homeowners were dissatisfied with the resultant steepness of the new driveway grades. In the mid-2000's, a number of Ocean View Elementary School parents that lived in the neighborhoods west of the Hillcrest Avenue and Montego Road intersection stated that the schoolchildren were walking unprotected along Hillcrest Drive, which is a narrow roadway without sidewalks, and were forced to cross Hillcrest Drive unprotected to access Montego Street to the west. A local' citizen's group worked with City forces to clear brush and debris on the west side of Hillcrest Drive, between Sierra Drive and Montego Street, and regraded the roadway shoulder to construct a walking pathway. In 2009, the City subsequently designed and constructed crosswalks, stop assemblies and ADA ramps at the Hillcrest Drive and Montego Street intersection to enable the schoolchildren to safely cross Hillcrest Drive to access the sidewalks on the south side of Montego Street. Since the completion of Phase I of the project, sidewalks on the south side of Montego Street, in 1999, the City worked to obtain grant funding for Phase II of the project, sidewalks on the north side of Montego Street. In 2008, the City was finally successful in securing this funding. Unlike the homes on the south side of the roadway, the homes on the north side are constructed on hillsides at a higher elevation than the roadway and the setbacks are in close proximity with the curb. Conventional sidewalk construction not only may require the construction of retaining walls to support the foundation of some of the homes, but may also require the reconstruction of their driveways to steep grades that would exceed accepted engineering standards. Although grant money is available to perform the Phase II project, staff delayed proceeding with design of the project required modifications (retaining walls, driveway reconstruction, etc.) as they may prove to be prohibitively expensive, requiring a large expenditure of City funds in excess of the grant money that may be received. To address these concerns, staff contracted with the Wallace Group, the same consulting firm that designed the Phase I project, to perform a feasibility analysis of constructing sidewalks along the north side of Montego Street. Item 8.h. - Page 2 CITY COUNCIL CONSIDERATION OF AN AGREEMENT WITH EIKHOF DESIGN GROUP, INC. TO DESIGN THE MONTEGO STREET NORTH SIDEWALK, PHASE II PROJECT JANUARY 8, 2013 PAGE3 On July 2, 2012, staff presented the Traffic Commission with the completed Wallace Group Sidewalk Construction Feasibility Study (see Attachment No. 1). The study provides a number of creative recommendations that addresses staff concerns that could be constructed within the available budget. Staff mailed public notifications to Montego Street residents and property owners, many .of whom attended and spoke of their concerns at the meeting. The Traffic Commission listened to the presentation, accepted public comment, and advised staff to move forward with the development of a request for proposal to solicit design firms (see Attachment No. 2). ANALYSIS OF ISSUES: On November 5, 2012, staff received two proposals from qualified engineering firms. On November 16, 2012, a City evaluation team evaluated each firm with preselected criteria and selected the Eikhof Design Group. Some of the Montego Street property owners have expressed concerns about the potential loss of parking in front of their properties due to the sidewalk installations. The Wallace Group Sidewalk Construction Feasibility Study provides several alternatives, but until the consultant has performed a topographic survey, it is difficult to determine whether the sidewalk must encroach into the parking lane. In the event that the residents/owners of the properties oppose the proposed construction, the City may elect not to construct the project. However, the grant will not allow reimbursement of funds to the local agency unless the project proceeds to construction and the City may be obligated to pay the design costs. Staff believes that a prudent course of action would be to modify the contract to include only the performance of the topographic survey followed by an engineering review of the specific properties in question. This would enable staff to present the feasible options to the property owners/residents and minimize costs to the City if the Council elects not to proceed. Based on the response received, staff would then present the information to the City Council to consider whether the project should proceed into the formal design phase. Staff has discussed this scenario with the Eikhof Design Group, Inc. and they are in agreement with the approach. The estimated fee for the Eikhof Design Group, Inc. contract is composed of six tasks totaling $17,960, to be performed on time and materials basis in accordance with their submitted pricing schedule. The modified fee would involve solely Task Nos. 1 through 3 and is estimated at $8,580. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve the modified consultant services agreement in the amount of $8,580 with Eikhof Design Group, Inc. to perform a topographic survey and preliminary design concepts with an option to proceed with the formal project design upon satisfactory presentation to neighborhood owners/residents; Item 8.h. - Page 3 CITY COUNCIL CONSIDERATION OF AN AGREEMENT WITH EIKHOF DESIGN GROUP, INC. TO DESIGN THE MONTEGO STREET NORTH SIDEWALK, PHASE II PROJECT JANUARY 8, 2013 PAGE4 Approve the entire consultant services agreement in the amount of $17,960 with Eikhof Design Group, Inc. perform the design of the Montego Street North Sidewalk, Phase II Project; Do not proceed and decline the contract; Do not approve the agreement; and Provide direction to staff. ADVANTAGES: The selected consultant has a proven track record in the design and construction of engineering projects and has the ability to perform the project design in a timely manner to enable construction of the project during the Lucia Mar school hiatus. The Sidewalk Construction Feasibility Study provides acceptable options that can be constructed within the available budget and have been successfully constructed in other locations. The proposed process enables the City to maintain eligibility for over $250,000 to improve pedestrian safety for elementary school children, while minimizing the risk to the City to a cost of less than $9,000. DISADVANTAGES: There may be impacts on existing properties given the grade and short driveways. Until the consultant has performed a topographic survey, it is difficult to determine whether the sidewalk must encroach into the parking lane at selected residences. In the event that the residents/owners of the properties are against the proposed ·construction, the City may elect not to perform the project. The. grant will not allow reimbursement of funds to the local agency unless the project proceeds to construction. ENVIRONMENTAL REVIEW: The project is categorically exempt from CEQA pursuant to Section 15301 (c). PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, January 3, 2013. The Agenda and report were posted on the City's website on Friday, January 4, 2013. No public comments were received. Staff mailed a public notification for the Council meeting to Montego Street residents and property owners on Friday, December 21, 2012 (see Attachment No. 3). Attachments: 1. Wallace Group 3/29/12 Montego Street Sidewalk Construction Feasibility Study 2. 7/02/12 Traffic Commission Meeting Minutes 3. 12/21/12 Public Notification I Meeting .Notice 4. Consultant Services Agreement with EikhQf Design Group, Inc. Item 8.h. - Page 4 MONTEGO STREET, ARROYO GRANDE, CA FRONTAGE IMPROVEMENTS-NORTH SIDE SIDEWALK CONSTRUCTION FEASIBILITY STUDY March 29, 2012 Summary Attachment No. 1 There were seven parcels along the north side of Montego Street that were identified as needing certain frontage improvements to install a sidewalk. These were: 1. 1250 Montego Street 2. 1238 Montego Street 3. 1234 Montego Street 4. 1230 Montego Street 5. 1226 Montego Street 6. 1210 Montego Street 7. 1202 Montego Street Two parcels have driveway conformance issues: 1234 and 1226 Montego Street, and possibly 1230 Montego Street. It is inconceivable that these driveways and driveway aprons could be reconstructed to meet current ADA accessibility standards without an innovative street design change, such as extending the driveway approach within the street right of way (parking lane). Three parcels (1234, 1230 and 1226 Montego Street) will require retaining walls of approximately 3 feet in height along their frontages. Two of the parcels (1234 and 1226 Montego Street) will require modifications to their existing (concrete steps) access from the sidewalk to the house. Two street light poles (at 1234 and 1210 Montego Street) will need to be either moved or the sidewalk will need to be widened at their location to provide a minimum 4 feet of sidewalk around them. One parcel (1230 Montego Street) will require the removal of a large palm tree. The following is a summary of various alternatives that can be implemented to install the improvements at each of the seven parcels. Funding As right of way and utility relocation, which can require long lead times, may be involved with some of the preferred alternatives, it is imperative that preliminary engineering work begin immediately should the City choose to proceed with the project due to the following. Per Caltrans comments on 03/28/12, the City will obtain a red-flag on the $259,000 of 100% federal grant funding if it has not submitted a Request for Authorization (RFA) to Proceed with Construction to Caltrans and receive approval by 09/30/12. However, the money will not be pulled from the City until the next call for SRTS projects which will be in the Fall of 2013. So essentially this gives the City an additional year to submit and obtain approval of its RFA. This means the following must be accomplished between now and 07/15/13: environmental determination right of way acquisition utility relocation agreements plans, specifications & estimates full funding for the project Item 8.h. - Page 5 1250 Montego Street Currently this corner parcel at the intersection of Montego Street and Newport Avenue has a 4 foot sidewalk along its frontage . Improvement will be the construction of an ADA accessible ramp . Item 8.h. - Page 6 1238 Montego Street Since the grant application was prepared , a rock veneered concrete block retaining wall has been constructed replacing the wood retaining wall at the back of the existing sidewalk . No improvements appear necessary . Item 8.h. - Page 7 1234 Montego Street There are no easy solutions to solving the problems of getting a workable sidewalk along the frontage of this parcel. • The dr i veway apron does not conform to accessibility . There is a steep driveway that matches up against the edge of a steep driveway apron . o One possible solution is to leave the driveway and driveway apron as is and transition the new sidewalk to them . It would need to be determined if this would be in violation of current accessibility requirements . o Another possible solution is to reconstruct the driveway and construct a driveway apron and conforming sidewalk into the street right-of-way . This would create a peninsula into the parking lane (see below 4 examples of El Portal in Shell Beach). Item 8.h. - Page 8 • There exists a streetl i ght pole at the west property line that requires either relocation , a widened sidewalk section behind the pole , or a sidewalk in front of the pole to allow for a 4 foot wide access . o One option is to build a sidewalk in front of the pole in a peninsula in the street right-of- way shared with the above mentioned driveway apron . o Another option is to build a widened sidewalk section and (reinforced block) retaining wall behind the pole . This would require right of way acquisition . o Another option is to relocate the pole which may require (PG&E) utility company involvement if the pole i s not owned by the City . This would require right of way acquisition if a public utility easement is not present. • Along the frontage of the parcel a 4 foot wide sidewalk can be constructed behind the existing curb . A retaining wall (approximately 2 .5 ' to 3 ') would need to be constructed at the back of the walk which would affect the existing stairway . o One option is to construct a landing along the existing stairway down from the residence , turning the steps parallel w ith the street to connecting to the drive w ay (to provide access to the sidewalk (see example below). This would require approval from the property owner . Item 8.h. - Page 9 1230 Montego Street Construction of a 4 foot wide sidewalk along this frontage will require : • Construction of a 2 .5 ' to 3 ' retaining wall . • Removal of a (palm) tree . - The driveway apron may not conform to accessibility . • One possible solution is to leave the driveway and driveway apron as is and transition the new sidewalk to them . It would need to be determined if this would be in violation of current accessibility requirements . • If reconstruction of the driveway , dr i veway apron and conforming sidewalk is required and additional transition length is needed , they could be constructed in the street right-of -way as presented for 1234 Montego Street above . Item 8.h. - Page 10 1226 Montego Street Construction of a 4 foot wide sidewalk along this frontage will require : • Removal of ex i st i ng rock slope . • Construct i on of an approx i mate 3 .5 ' retain i ng wa ll (on each s i de of the dr i veway and staircase ). • Construct i on of a landing at the back of the retaining wall for access to the existing concrete steps to the house . • Construction of new concrete steps down to the proposed sidewalk . The dr i veway apron may not conform to access i b i lity . • One possible solution is to leave the driveway and dr i veway apron as i s and transition the new sidewalk to them . It would need to be determined if this would be in violation of current accessibility requirements . • If reconstruction of the driveway , dr i veway apron and conforming s i dewalk is required and add i t i onal trans i t i on length is needed , they could be constructed in the street r i ght -of -way as presented for 1234 Montego Street above . Item 8.h. - Page 11 1210 Montego Street This property is a vacant parcel. The current owner has not submitted any application to build to date . Construction of a 4 foot wide sidewalk along this frontage will require (without parcel improvements): • Construction of a 2 :1 max . slope bank along the parcel frontage and behind the proposed sidewalk . This would require approval from the property owner. • There exists a streetlight pole at the east property line that requires either relocation , a widened sidewalk section behind the pole , or a sidewalk in front of the pole to allow for a 4 foot wide access . o One option is to build a sidewalk in front of the pole in a peninsula in the street right -of - way . o Another option is to build a widened sidewalk section and (reinforced block) retaining wall behind the pole . This would require right of way acquisition . o Another option is to relocate the pole which may require (PG&E) utility company invol v ement if the pole is not owned by the City . This would require right of way acquisition i f a public utility easement is not present. Item 8.h. - Page 12 1202 Montego Street Construction of a 4 foot wide sidewalk along the frontage will require removal of a hedge . Item 8.h. - Page 13 Attachment No. 2 ACTION MINUTES SPECIAL MEETING OF THE TRAFFIC COMMISSION MONDAY, JULY 2, 2012 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Vice-Chair Ross called the meeting to order at 6:01 p.m. 2. ROLL CALL Commissioners: Commissioner Matthew Brownlee, Commissioner Jim Carson and Vice-Chair Steven Ross were present. Commissioner Gary Borda and Chair Zachary Hall were absent. Staff present: Assistant City Engineer Mike Linn, Police Commander Beau Pryor and Traffic Commission Clerk Chris Judge. 3. PLEDGE OF ALLEGIANCE Vice-Chair Ross led the pledge of allegiance. 4. PUBLIC COMMENT Faye Ogden, Montego Street, spoke about modifications the city made to her driveway during sidewalk installation on the south side of Montego Street, and requested improvements. Aaron Henkel, South Alpine Street, spoke about his concerns regarding the crosswalk at the intersection of East Grand Avenue and Alpine Street, and the dangers to pedestrians. 5. CONSENT AGENDA 5.a. Approval of Minutes Commissioner Carson moved to approve the minutes of the April 16, 2012, meeting. Commissioner Brownlee seconded, and the motion unanimously passed by voice vote. 6. BUSINESS ITEMS 6.a. Review of Proposed Capital Improvement Project to Construct lnfill Sidewalk Segments on the North Side of Montego Street Between Hillcrest Drive and the Cul- de-Sac Adjacent to Ocean View Elementary School Assistant City Engineer Michael Linn presented the staff report and responded to Commissioners' questions. Vice Chair Ross opened the item to public comment. Keith Boiler, Montego Street, stated that he did not support a loss of street parking, and would have the sidewalk on his property if his driveway and stairway were suitably modified. Charles Knollenberg, Montego Street, spoke about congestion caused by school faculty parking on Montego Street, and requested the city encourage use of the school parking lot. Kirk Vriend, Montego Street, stated that he preferred the recommendation to include bulb-outs, however express his concern regarding the narrowing of driving lanes. Aaron Henkel, South Alpine Street, recommended the city check with the Fire Department that any sidewalk modifications would not impede emergency access or turn-around. George Haugen, Montego Street, spoke about the importance of keeping as much on-street parking as possible, and requested that no bulb-out were placed in front of his house. Gina Vriend, Montego Street, spoke about the steepness of her driveway. ! There were no further comments received, and the public comment period was closed. Item 8.h. - Page 14 MINUTES: TRAFFIC COMMISSION MEETING MONDAY, JULY 2, 2012 PAGE 2 OF 3 Commissioners spoke in support of the concept The Commissioners agreed that the project should only move forward with a majority support from the affected residents. ACTION: Commissioner Brownlee moved to recommend the approval of the proposed project to construct infill sidewalk segments on the north side of Montego Street. Commissioner Carson seconded, and the motion passed on the following roll call vote: AYES: Brownlee, Carson and Ross NOES: None ABSENT: Borda and Hall 6.b. Consideration of General Plan Amendment 12-002 (Bicycle and Trails Master Plan) Associate Planner Ryan Foster presented the staff report and responded to Commissioners' questions. · Vice-Chair Ross opened the item to public comment. Aaron Henkel, South Alpine Street, spoke against the proposed pedestrian bridge over US 101 and road-diet for Fair Oaks Avenue. Gina Vriend, Montego Street, and Jim Sweeney, Allen Street, spoke about the dangers of cycling on Fair Oaks Avenue. There were no further comments received, and the public comment period was closed. Commissioners spoke against a road-diet for Fair Oaks Avenue, and expressed reservations regarding the proposed roundabout and pedestrian bridge. ACTION: Commissioner Brownlee moved to recommend the approval of the General Plan Amendment, including Commissioners' comments. Commissioner Carson seconded, and the motion passed on the following roll call vote: AYES: Brownlee, Carson and Ross NOES: None ABSENT: Borda and Hall S.c. Consideration of Request from South County Area Transit to Relocate the City Council Chambers Bus Stop Assistant City Engineer Michael Linn presented the staff report and responded to Commissioners' questions. Vice Chair Ross opened the item to public comment. Geoff Straw, Executive Director, San Luis Obispo Regional Transit Authority, spoke about the request to move the bus stop. Aaron Henkel, South Alpine Street, stated that the city should not use public funds to relocate the bus stop. There were no further comments received, and the public comment period was closed. Commission discussion ensued, and it was agreed that the cost to the city was appropriate as a public safety measure. ACTION: Commissioner Carson moved to recommend the approval of the request by South County Area Transit to relocate the City Council Chambers bus stop. Commissioner Brownlee seconded, and the motion passed on the following roll call vote: AYES: Carson, Brownlee and Ross NOES: None ABSENT: Borda and Hall Item 8.h. - Page 15 MINUTES: TRAFFIC COMMISSION MEETING MONDAY, JULY 2, 2012 7. STAFF COMMUNICATIONS None. 8. COMMISSION COMMUNICATIONS None. 9. ADJOURNMENT Vice Chair Ross adjourned the meeting at 7:22 pm. Zachary Hall, Chair ATTEST: Chris Judge, Traffic Commission Clerk (Approved at TC Mtg: -------' PAGE 3 OF 3 Item 8.h. - Page 16 CITY OF CITY OF ARROYO GRANDE CITY COUNCIL MEETING NOTICE Attachment No. 3 On TUESDAY. JANUARY 8, 2013 the Arroyo Grande City Council will conduct a public hearing at 6:00 P.M. in the COUNCIL CHAMBERS at 215 EAST BRANCH STREET to consider the following: REVIEW OF PROPOSED CAPITAL PROJECT TO CONSTRUCT INFILL SIDEWALK SEGMENTS ON THE NORTH SIDE OF MONTEGO STREET BETWEEN HILLCREST DRIVE AND THE CUL-DE-SAC ADJACENT TO OCEAN VIEW ELEMENTARY SCHOOL The City of Arroyo Grande constructed an infill sidewalk project in the late 1990's on the south side of Montego Street, between Hillcrest Drive and the cul-de-sac adjacent to the Ocean View Elementary School. Government grant money is available to construct a similar project on the north side of Montego Street. There are unique constraints with the construction, due mostly to the siting of the existing residences, that may require construction of sidewalk segments to "bulb-out" into the street to ensure a reasonable driveway grade for 1234, 1230 and 1226 Montego Street. The City Council will accept public comment on this issue at the January 8, 2013, meeting. Staff project reports are posted on line at www.arroyogrande.org 72 hours prior to the meeting. Please feel free to contact Michael Linn, Assistant City Engineer, at (805) 473-5444 or stop by the City of Arroyo Grande Engineering Office at 300 East Branch Street, Arroyo Grande. Item 8.h. - Page 17 ATTACHMENT 4 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of January 15, 2013, between EIKHOF DESIGN GROUP, INC. ("Consultant"), and the CITY OF ARROYO GRANDE, a Municipal Corporation ("City") for DESI.GN AND CONSTRUCTION SUPPORT SERVICES FOR THE MONTEGO STREET NORTH SIDEWALK PROJECT. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM •• 0 This Agreement shall commence on January 15, 2013 and shall remain and continue in effect until January 15, 2014, unless sooner terminated pursuant to the provision·s of this Agreement. 2. SERVICES Consultant shall perform the tasks described and comply with all terms and provisions set forth in E>;<hibit "A", attached hereto and incorporated herein by this reference. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. AGREEMENT ADMINISTRATION Teresa McClish, Community Development Director, shall represent City in all matters pertaining to the administration of this Agreement. Jeff van den Eikhof, President, shall represent Consultant in all matters pertaining to the administration of this Agreement. 5. PAYMENT The City agrees to pay the Consultant in accordance with the payment rates and terms set forth in Exhibit "8", attached hereto and incorporated herein by this reference. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Item 8.h. - Page 18 If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the· remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 7. TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminate automatically on the occurrence of any of the following events: (a) Bankruptcy or insolvency of any party; (b) Sale of Consultant's business; or (c) Assignment of this Agreement by Consultant without the consent of City. (d) End of the Agreement term specified in Section 1. 8. DEFAULT OF CONSULTANT (a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. LAWS TO BE OBSERVED. Consultant shall: (a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this Agreement; (b) Keep itself fully informed of all 1 existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those Item 8.h. - Page 19 engaged or employed under this Agreement, any materials used in Consultant's performance under this Agreement, or the conduct of the services under this Agreement; (c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (d) Immediately report to the City's Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. ' (e) The City, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 10. OWNERSHIP OF DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in s'ufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permft City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for" a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. Item 8.h. - Page 20 11. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. Notwithstanding anything herein to the contrary, to the fullest extent permitted by law for all design professional services arising under this Agreement, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant. 12. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "C" attached hereto and incorporated herein as though set forth in full. 13. INDEPENDENT CONSULTANT (a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be .under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Consultant in connection with performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 14. UNDUEINFLUENCE Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. Item 8.h. - Page 21 15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. 16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall nqt be released by Consultant without City's prior written authorization. Consultant, · its officers, employees, agents, or subContractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily; provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena. or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subContractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cdoperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 17. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: City of Arroyo Grande Teresa McClish Community Development Director 300 East Branch Street Arroyo Grande, CA 93420 Item 8.h. - Page 22 To Consultant: 18. ASSIGNMENT Eikhof De.sign Group, Inc. Jeff van den Eikhof, PE President 5130 San Jacinto Avenue Atascadero, CA 93422 The Consultant shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City. 19. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. TIME City and Consultant agree that time is of the essence in this Agreement. 22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL Consultant is bound by the contents of the City's Request for Proposal, Exhibit "0", attached hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "E", attached hereto and incorporated herein by this reference. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals. Item 8.h. - Page 23 22. CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 23. AMENDMENTS Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement. 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ARROYO GRANDE By: ________________________ __ Tony Ferrara, Mayor Attest: Kelly Wetmore, City Clerk Approved As To Form: Timothy J. Carmel, City Attorney CONSULTANT By: ____________________ _ Jeff van den Eikhof, President By: ____________________ _ (Title) Item 8.h. - Page 24 EXHIBIT A SCOPE OF WORK Item 8.h. - Page 25 Scope of Services Task 1 (N9tice to Proceed and Kickoff Meeting) Eikhof Design Group will work closely with City Staff to ensure that all contract documents are signed and approved prior to issuance of the notice to proceed. We anticipate having a Kick-off meeting with the City Project Manager at the time the Notice to Proceed is issued. At this meeting Eikhof Design Group will receive copies of all preliminary work and feasibility studies completed for.this project: In the review of the site we observed that school staff and visitors use Montego Street for parking. This was further confirmed by public comment during the Traffic Commission Meeting on July 2, 2012. Several residents expressed concern regarding the loss of parking spaces due to this project: Eikhof Design group will discuss the various options with the City, and will incorporate Staff's corrymen~~.into the project design. Task 2 (Surveying) Montego Street from Hillcrest Drive to the cul-de-sac will be surveyed. The survey will include en':>ugh topographic data to address the construction of bulb-outs, transitions between the existing'drive·ways and new constructi~n, drainage, and any utility conflicts. The survey work will be perform~d by ka~p Land Surveys. A boundary survey is not anticipated, since all work will be constructed within the City right-of-way. Task 3 (Preliminary Design-50% Complete) Using the topographic information, Eikhof Design Group will prepare exhibits showing various alignments and options. In review of the project site, there are several locations along the north side of Montego Street that need to be addressed. It appears that all of the driveway approaches exceed the requirecif=ross-slope for ADA compliance, and point obstructions occur at mailboxes and utility poles. Additionally; there are segments where no sidewalk currently exists. The segments are from 1234 Montego to 1222 Montego, from 1214 Montego to 1206 Montego, and in front of 1202 Montego. The options will show the potential bulb-out locations and new sidewalks. As all work is anticipated to be completed in the existing right-of-way, no geotechnical investigation is anticipated for the construction of new sidewalks. If it 'is determined that geotechnical work is necessary due to design of retaining walls or other geotechnical challenges, Eikhof Design Group will subcontract with Midcoast Geotechnical for this work. Elkhof Design Group will prepare preliminary engineer's estimates for all of the various options. We will then schedule a meeting with City Staff to review the various options. Staff wili then be given time to review the various options and decide a final design option. This will be considered the SO% Design Stage. Task 4 (Design -95% Complete) As soon as the final design option has been determined by City Staff and. Eikhof Design Group, we will prepare the final design plans, specifications, and estimates for the work. Based upon the project budget, various additive alternates can be prepared: to maximize the work completed under the approved budget. Upon completion of the final design, Eikhof Design Group will meet with the City to review to final documents. The City will then have time to review the final documents. ·Eikhof Design Group will provide Construction Support as needed during construction. This support may include responding to RFI's, redesigning as necessary based upon conflicts in the field, and consultation. Eikhof Design Group will also prepare record drawings at the completion of the project. Task 5 (Construction Documents -100% Complete) Upon completion of the final staff review, Eikhof Design Group will incorporate any staff comments into the construction documents. T~e completed construction documents, including plans, specifications, estimate, and bid schedule will be submitted to the City for bidding. Task 6 (Bidding and Construction Support) Eikhof Design Group will provide bidding and construction support on an "as needed" basis. The work may include review of submittals, response to RFI's, redesign to resolve conflicts based on field conditions •. consultation, and the preparation of record drawings. Item 8.h. - Page 26 EXHIBIT 8 PAYMENT SCHEDULE Item 8.h. - Page 27 Eikhof ~esign Group Fee Proposal Position Rate Task 1 (Notice to Proceed and Kickoff Meeting) Principal Engineer $150/hour Task 2 (Surveying) Principal Engineer $150/hour Land Surveyor $130/hour 1 Man Robotic Crew $160/hour Draftsman $80/hour Task 3 (Preliminary Design-50% Complete) Principal Engineer $150/hour Civil Engineer $140/hour Draftsman $80/hour Task 4 (Design-95% Complete) Principal Engineer $150/hour Civil Engineer $140/hour Draftsman $80/hour Clerical $50/hour Number of Hours 4 hours Task Total 4 hours 4 hours 8 hours 4 hours Task Total 4 hours 10 hours 20 hours Task Total 4 hours 10 hours 40 hours 4 hours Task Total Task 5 (Construction Documents -100% Complete) Principal Engineer $150/hour 4 hours - Draftsman $80/hour 10 hours Clerical $50/hour 4 hours Task Total Task 6 (Bidding and Construction Support)-On an "As Needed" Basis Principal Engineer $150/hour 10 hours Draftsman $80/hour 10 hours Task Total Estimated Total Project Fees: Total $600 $600 $600 $520 $1,280 $480 $2,780 $600 $1,400 $3,200 $5,200 $600 $1,400 $3,200 $240 $5,440 $600 $800 $240 $1,640 $1,500 $800 $2,300 $17,960 All work completed to fill the DBE requirement will be done by Lenhardt Engineering under Task 4 (Design-95% Complete). Proposed work will be assistance during the development of the technical specifications, which will be billed at the Civil Engineer rate shown. The DBE Goal of 3% will be met or exceeded during this project. Item 8.h. - Page 28 sign Fee Schedule Personnel Description Principal Civil Engineer Civil Engineer Licensed Land Surveyor Engineering Technician Draftsman Clerical 1 Man Robotic I Conventional Crew 2 Man Robotic I Conventional Crew 1 Man GPS Crew (1 Man 2 Receivers) 2 Man GPS Crew (2 Man 2 Receivers) 2 Man GPS Crew (2 Man 3 Receivers) Reimbursable Expenses Blueprints Reproducibles (vellum, mylar) Mailing (UPS, Fed Ex, Cal Overnight, etc.) Facsimile Photocopies Other Reproduction Subcontracted Services Travel by automobile Travel -Other than automobile Typical Rate/Hour $150.00 $ 140.00 $130.00 $110.00 $ 80.00 $ 60.00 $160.00 $ 185.00 $ 175.00 $195.00 $240.00 Fee $ 3.00 per sheet $15.00 per sheet Cost+ 15% .. ' .· no·charge $0.15 per page Cost+ 15% Cost+ 15% $0.50 per mile Cost+ 15% Fees for Engineering services on a Time and Materials Basis will be charged at the applicable hourly rates. Fees are charged in increments of one-half hour. Regular working hours are the first 8 hours between 7 AM and 6 PM, Monday through Friday, holidays excluded. Work requested or performed outside these parameters is subject to the following additional premium time charges: Engineer: $55/hour Item 8.h. - Page 29 EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the· requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Bests rating of A-or better and a minimum financial size VII. Item 8.h. - Page 30 General conditions pertaining to prov1s1on: of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all Consultants, and subContractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Consultants and subContractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Consultant or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. 111 the event such proof of any insurance is not delivered as required, or in the event sucl:l insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. Item 8.h. - Page 31 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subContractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subContractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subContractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Consultant, subContractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At the time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increase benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-cqmpliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. Item 8.h. - Page 32 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Item 8.h. - Page 33 EXHIBIT D CITY'S REQUEST FOR PROPOSAL Item 8.h. - Page 34 Community Development Department Request for Proposal (RFP) DESIGN AND CO~NSTRUCTJO,N S;UPPORT· SERVICES FOR "fHE MONTEGO STREET NORTH SIDEWAIJ\ PROJE.CT Federal Project Number: SRTSL-5199 (026) Due: Monday, November 5, 2012 No later than 5:00 P.M. Deliver to: City of Arroyo Grande Community Development Department 300 East Branch Street Arroyo Grande, CA 93420 Attention: Teresa McClish Community Development Director October· 2012 Item 8.h. - Page 35 CITY OF ARROYO GRANDE MONTEGO STREET SIDEWALKS REQUEST FOR PROPOSALS I. PROPOSAL INTENT The City of Arroyo Grande, California intends to contract for an engineering firm to perform design and construction support services for the construction of infill sidewalk segments on the north side of Montego Street, beginning at Hillcrest Drive to the termination of the street at the cul-de-sac bulb approximately 400 feet to the east. II. BACKGROUND The City of Arroyo Grande has been successful in securing Federal Safe Routes to School (SRTS) funding for the Montego Street Sidewalks project. The project was intended to be performed in two separate phases. Construction of the first phase was accomplished in the late 1990's. The north side of Montego Street has existing homes built on a hillside in close proximity to the roadway. The City performed a feasibility analysis and concluded that there is adequate width to "bulb-out" portions of the sidewalk segments and driveway approaches within the parking lane to lessen the driveway grades and avoid the construction of retaining walls. Ill. SCOPE OF SERVICES The design contract includes, but not necessarily limited to, the following: o Topographic Survey o Geotechnicallnvestigation o Design Plans o Technical Specifications o Engineer's Cost Estimate City staff will perform all contract administration for the project including; incorporation of Technical Specifications into the project specifications, bidding, inspection, and construction management. However, the City desires the consultant engineer to perform the following during the construction phase of the project: o Construction Support (as assigned) • Response to RFis • Redesign to resolve conflicts based on field conditions • Consultation o Preparation of record drawings Due to the proximity of the Ocean View Elementary School at the east end of the Montego Street cul-de-sac, the City desires to construct the project when the school is not in session, between mid-June and mid-August 2013. The City has established a DBE goal for this Agreement of 3.0%. Page 1 of 6 Item 8.h. - Page 36 IV. PROPOSAL FORMAT AND CONTENT 1. Introduction Present your understanding and Scope of Services for the project. 2. Qualifications • Identify and define the experience of the Project Manager that will be the primary contact with City staff and provide their indivual resume. • Identify the individual(s) responsible for each service, or subconsultant, and provide their individual resumes. • Provide three governmental agency references for projects of similar scope and nature performed within the last five years. 3. Work Plan • Include a performance schedule detailing the length and time for completion of each task defined in the Scope of Services. • Include milestone dates and processing time for review by the City. 4. Cost Proposal Identify the proposed basis for fees and charges as appropriate with hourly rates of individuals that could be assigned. The actual fees will be negotiated after selection of the successful applicant. V. SELECTION PROCESS A review committee will evaluate the proposals based on the following: • Understanding of the work to be performed • Experience with similar assignments • Ability to complete the project on schedule VI. SCHEDULE OF EVENTS The following are the anticipated schedule of events for the project: Design Issue RFP Proposals due to the City by 5:00 PM Consultant Selection by City Council City Issues Notice to Proceed Design Completion Bidding I Contract Award Advertisement Bid Opening Council Award of Construction Contract Construction Notice to Proceed Construction Contract Completion Page 2 of6 October 19, 2012 November 5, 2012 November 20, 2012 December 17, 2012 March 15, 2013 March 26, 2013 April 16, 2013 May 7, 2013 June 17, 2013 August 16, 2013 Item 8.h. - Page 37 VII. SUBMITTAL A. Submit a total of 4 copies to: Teresa McClish Community Development Director City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 B. Show the following information on the outside of the package: • Consultant's name and address • Montego Street Sidewalks C. Closing Date: All proposals must be received by November 5, 2012. D. The City reserves the right to reject any or all proposals for any or no reason. For more information, please contact Michael Linn at (805) 473-4444. VIII. NOTICE TO PROPOSERS DBE INFORMATION A. 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, Part 26.5, Code of Federal Regulations (CFR). • 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. B. Authority and Responsibility 1. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements 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 Contractor should 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 shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. 2. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. Page 3 of 6 Item 8.h. - Page 38 C. Submission of DBE Information If there is a DBE goal on the contract, a "Local Agency Proposer DBE Commitment (Consultant Contract)" (Exhibit 10-01) form shall be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the. goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal, and all DBE participation shall be collected and reported. A "Local Agency Proposer DBE lr:1formation (Consultant Contract)" (Exhibit 10- 02) form shall be included with the Request for Proposal. The purpose of the form is to collect data required uhder 49 CFR 26. This form collects all DBE participation. Even if no DBE participation will be reported, the successful proposer must execute and return the form. D. 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: 1. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). 2. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendo~ of material or supplies, or as a trucking company. 3. 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: a. The proposer is a DBE and will meet the goal by performing work with its own forces. b. The proposer will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. c. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. 4. 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. 5. 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. Page 4 of6 Item 8.h. - Page 39 6. The proposer shall list only one subcontractor for each portion of work as defined in their proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcon~ractors. 7. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE' participation except that portion of the work to be performed by non-DBE subcontractors. E. Resources 1. 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. 2. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program web site at: http://www.dot.ca.gov/hq/bep/. • Click on the link in the left menu titled Disadvantaged Business Enterprise • Click on Search for a DBE Firm link • 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 3. How to Obtain a List of Certified DBEs without Internet Access: DBE Directory -If you do not have Internet access, Caltrans also publishes a directory of certified DBE firms extracted from the online database. A copy of the directory of certified DBEs may be ordered from the Caltrans Publications Unit at (916) 263-0822, 1900 Royal Oaks Drive, Sacramento, CA 95815- 3800. F. Materials or Supplies Purchased From DBEs Count Towards the DBE Goal Under the Following Conditions: 1. 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 Agreement and of the general character described by the specifications. 2. 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 Page 5 of6 Item 8.h. - Page 40 character described by the specifications and required under the Agreement 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 pl;lrchase 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. 3. 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. 4. 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. G. For DBE Trucking Companies: Credit For DBEs Will Count Towards the DBE Goal Under the Following Conditions: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Agreement, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Agreement. 3. The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm including an owner- operator who is certified as a DBE. A DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement. 5. For the purposes of this Section 4, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. Page 6 of 6 Item 8.h. - Page 41 Local Assistance Procedures Manual EXHIBIT 10-F Certification of Consultant, Commissions & Fees EXI-IIBIT 10-F: CERTIFICATION OF CONSULTANT, COMMISSION & FEES I HEREBY CERTIFY that I am the _____________________ , and duly authorized representative of the firm of , whose address is --------------------------' and that, except as here expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, foror in connection with, procuring or carrying out this agreement. acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal-aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) Distribution: (I) Local Agency Project File (Original & Contract) (2) OLEA (with contract copy) (Signature) Page I OB 12-03 June 20,2012 Page 1 of 1 Item 8.h. - Page 42 Local Assistance Procedures Manual EXHIBIT 10-C Certification of Local Agency· EXHIBIT 10-G: CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the Community Development Director of the ------~C"-.!i~DL' ~o~f.!_A.!.;r~r~o.J-y~o_:G~rao!.!n~d~e"-------------------'· and that the consulting finn of --------------------------'or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person, or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of federal-aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) Distribution: OB I2-03 (I) Local Agency Project File (Original & Contract) (2) DLEA (with contract copy) Page 1 of 1 (Signature) Page I June 20, 20I2 Item 8.h. - Page 43 Local Assistance Procedures Manual EXHIBIT 10-01 Local Agency Consultant DBE Commitment EXHIBIT 10-01: LOCAL AGENCY CONSULTANT DBE COMMITMENT (Inclusive of all DBEs at time of proposal) NOTE· Please refer to instructions on the reverse side of this form Consultant to Complete this Section I. Local Agency Name: City of Arroyo Grande 2. Project Location: Montello Street 3. Project Description: Sidewalk lnlill 4. Consultant Name: 5. Contract DBE Goal %: 3% DBE Commitment Information 6. Description of Services to be Provided 7. DBE Firm 8. DBE Cert. Comact lnfommtion Number Local Agency to Complete this Section 10. Total %Claimed 16. Local Agency Contract Number: PW 2012-09 17. Federal-aid Project Number: SRTS L-5199 (026) 18. Proposed Contract Execution Date: Local Agency certifies that all DBE certifications are valid and the II. Preparer's Signature information on this form is complete and accurate: Mike Linn 12. Preparer's Name (Print) 19. Local Agency Representative Name (Print) 13. Preparer's Title 20. Local Agency Representative Signature 21. Date 9. DBE% % 14. Date 15. (Area Code) Tel. No. Assistant City Engineer (805) 4 73-5444 22. Local Agency Representative Title Distribution: OB 12-04 (I) Original-Submit with Award Package (2) Copy-Local Agency files 23. (Area Code) Tel. No. Page 1 of 2 Page I June 29,2012 Item 8.h. - Page 44 EXHIBIT 10-01 Local Assistance Procedures Manual Local Agency Consultant DBE Commitment INSTRUCTIONS-LOCAL AGENCY CONSULTANT DBE COMMITMENT Consultant Section The Consultant shall: I. Local Agency Name-Enter the name of the local or regional agency that is funding the contract. 2. Project Location -Enter the project location 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. Consultant Name-Enter the consultant's firm name. 5. Contract DBE Goal % -Enter the contract DBE goal percentage, as it was reported on the Exhibit I 0-1 form. See LAPM Chapter 10. 6. Description of Services to be Provided-Enter item ofwork description of services 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 I 00% 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. 7. DBE Firm Contact Information-Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and telephone number, if the prime is a DBE. 8. DBE Cert. Number-Enter the DBEs Certification Identification Number. All DBEs must be certified on the date bids are opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their status should change during the course of the contract.) 9. 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. 10. Total% Claimed-Enter the total participation claimed. If the Total% Claimed is less than item "6. Contract DBE Goal", a Good Faith Effort (GFE) is required. II. Preparer's Signature-The person completing this section of the form for the consultant's firm must sign their name. 12. Preparer's Name (Print)-Clearly enter the name of the person signing this section of the form for the consultant. 13. Preparer's Title-Enter the position/title of the person signing this section of the form for the consultant. 14. Date-Enter the date this section of the form is signed by the preparer. 15. (Area Code) Tel. No.-Enter the area code and telephone number of the person signing this section of the form for the consultant. Local Agencv Section: The Local Agency representative shall: 16. Local Agency Contract Number-Enter the Local Agency Contract Number. 17. Federal-Aid Project Number-Enter the Federal-Aid Project Number. 18. Contract Execution Date -Enter the date the contract was executed and Notice to Proceed issued. Sec LAPM Chapter I 0, page 23. 19. Local Agency Representative Name (Print)-Clearly enter the name of the person completing this section. 20. Local Agency Representative 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. 21. Date-Enter the date the Local Agency Representative signs the form. 22. Local Agency Representative Title-Enter the position/title of the person signing this section of the form. 23. (Area Code) Tel. No.-Enter the area code and telephone number of the Local Agency representative signing this section of the form. Page 2 June 29,2012 OB 12-04 Page 2 of 2 Item 8.h. - Page 45 Local Assistance Procedures Manual EXHIBIT 10-02 Local Agency Consultant DBE Information EXt·IIBIT 10-02: LOCAL AGENCY CONSULTANT DBE INFORMATION (Inclusive of all DBEs listed at bid proposal) NOTE: Please refer to instructions on the reverse side of this form. Consultant to Complete this Section I. Local Agency Name: City of Arroyo Grande 2. Project Location: l'vlonte!!o Street 3. Project Description: Sidewalk Infill 4. Total Contract Award Amount:$ 5. Consultant Nan1e: 6. Contract DBE Goal%: 3% 7. Total Dollar Amount for fill Subcontractors: $ 8. Total Number of fill Subcontractors: Award DBE Information 9. Description of Services to be Provided 10. DBE Firm II. DBE Cert. 12. DBE Dollar Contact lnfom1ation Number Amount Local Agency to Complete this Section 13. Total Dollars 20. Local Agency Contract Number: PW 2012-09 Claimed $ 21. Federal-aid Project Number: SRTSL-5199 (02Q} 14. Total 22. Contract Execution Date: %Claimed % Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate: Mike Linn 23. Local Agency Representative Name (Print) 24. Local Agency Representative Signature 25. Date Assistrull City Engineer !805) 473-5444 26. Local Agency Representative Title 27. (Area Code) Tel. No. 15. Preparer's Signature 16. Preparer's Name (Print) Caltrans to Complete this Section 17. Preparer's Title Caltrans District Local Assistance Engineer (DLAE) certifies that this form has been reviewed for completeness: 18. Date 19. (Area Code) Tel. No. 28. DLAE Name (Print) 29. DLAE Signature 30. Date Distribution: (I) Copy-Email a copy to the Caltrru1s District Local Assistru1ce Engineer (DLAE) within 30 days of contract award. Failure to send a copy to the DLAE within 30 days of contract award may result in delay of payment. (2) Copy-Include in award package sent to Cal trans DLAE (3) Original -Local agency files OB 12-04 Page 1 of 2 Page I June 29,2012 Item 8.h. - Page 46 EXHIBIT 10-02 Local Assistance Procedures Manual Local Agency Consultant DBE Information INSTRUCTIONS-LOCAL AGENCY CONSULTANT DBE INFORMATION Consultant Section The Consultant shall: I. Local Agency Name-Enter the name ofthc local or regional agency that is funding the contract. 2. Project Location -Enter the project location 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. Total Contract Award Amount-Enter the total contract award dollar amount for the prime consultant. 5. Consultant Name-Enter the consultant's firm name. 6. Contract DBE Goal%-Enter the contract DBE goal percentage, as it was reported on the Exhibit 10-1 form. See LAPM Chapter 10. 7. Total Dollar Amount for all Subcontractors-Enter the total dollar amount for all subcontracted consultants. SUM= (DBE's + all Non-DBE's). Do not include the prime consultant information in this count. 8. Total number of all subcontractors-Enter the total number of all subcontracted consultants. SUM= (DBE's +all Non- DBE's). Do not include the prime consultant information in this count. 9. Description of Services to be Provided-Enter item of work description of services 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 I 00% 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. 10. DBE Firm Contact Information-Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and telephone number, if the prime is a DBE. II. DBE Cert. Number-Enter the DBE's Certification Identification Number. AllDBEs must be certified on the date bids arc opened. (DBE subcontracted consultants should notify the prime consultant in writing with the elate of the decertification if their status should change during the course of the contract.) 12. 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, and include DBEs that are not identified as subcontractors on the Exhibit I 0-0 I form. Sec LAPM Chapter 9 for how to count full/partial participation. 13. Total Dollars Claimed-Enter the total dollar amounts for columns 12 and 13. 14. Total% Claimed-Enter the total participation claimed for columns 12 and 13. SUM= (itcm"l4. Total Participation Dollars Claimed" divided by item "'4. Total Contract Award Amount"). If the Total% Claimed is less than item "6. ContractDBE Goal", a Good Faith Effort (GFE) is required. 15. Preparer's Signature-The person completing this section of the form for the consultant's firm must sign their name. 16. Preparer's Name (Print)-Clearly enter the name of the person signing this section of the form for the consultant. 17. Preparer's Title-Enter the position/title of the person signing this section of the form for the consultant. 18. Date -Enter the date this section of the form is signed by the prcparcr. 19. (Area Code) Tel. No.-Enter the area code and telephone number of the person signing this section of the form for the consultant. Local Agencv Section: The Local Agency representative shall: 20. Local Agency Contract Number-Enter the Local Agency Contract Number. 21. Federal-Aid Project Number-Enter the Federal-Aid Project Number. 22. Contract Execution Date -Enter the elate the contract was executed and Notice to Proceed issued. Sec LAPM Chapter I 0, page 23. 23. Local Agency Representative Name (Print)-Clearly enter the name of the person completing this section. 24. Local Agency Representative 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. 25. Date -Enter the date the Local Agency Representative signs the form. 26. Local Agency Representative Title-Enter the position/title of the person signing this section of the form. 27. (Area Code) Tel. No.-Enter the area code and telephone number of the Local Agency representative signing this section of the form. Caltrans Section: Caltrans District Local Assistance Engineer (DLA£) shall: 28. DLA E Name (Print)-Clearly enter the name of the DLAE. 29. DLAE Signature-DLAE must sign this section of the form to certify that it has been reviewed for completeness. 30. Date-Enter the elate that the DLAE signs this section the form. Page 2 June 29,2012 OB 12-04 Page 2 of 2 Item 8.h. - Page 47 Exhibit A would be an exhibit to the Consultant Services Agreement EXHIBIT A SCOPE OF WORK 1. Consultant's services Consultant services shall include: Design Services o Topographic Survey o Geotechnical Investigation o Design Plans o Technical Specifications o Engineer's Cost Estimate Construction Support Services o Engineering (as assigned) • Response to RFis • Redesign to resolve conflicts based on field conditions • Consultation o Preparation of record drawings 2. Statement of Work A. Consultant Services Detail based on the services to be furnished should be provided by the Consultant. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in the Consultant Agreement should be included. Describe acceptance criteria. and if the responsible Consultant/engineer shall sign all Plans. Specifications and Estimate (PS&E) and engineering data furnished under the contract including registration number. Environmental documents are not considered complete until a Caltrans District SEP signs the Categorical Exclusion (CE), a Caltrans Deputy District Director signs the Finding of No Significant Impact (FONSI), or the Caltrans District Director signs the Record of Decision (ROD) (see Chapter 6. "Environmental Procedures." in the LAPM and the Standard Environmental Reference [SER!). B. Right of Way/Surveys State whether Right of Way requirements are to be determined and shown by the Consultant. whether land surveys and computations with metes and bounds descriptions are to be made. and whether Right of Way plots are to be furnished C. Subsurface Investigations State specifically whether or not the Consultant has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of the Consultant. appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the SER. Exhibit A Page 1 of 2 Item 8.h. - Page 48 D. Local Agency Obligations All data applicable to the project and in possession of the City or another agency, or government that are to be made available to the Consultant are referred to in the agreement. Any other assistance or services to be furnished to the Consultant are to be stated clearly. E. Conferences, Visits to Site, Inspection of Work The agreement provides for conferences as needed, visits to the site, and inspection of the work by representatives of the state, or FHWA. Costs incurred by Consultant for meetings, subsequent to the initial meeting shall be included in the fee. F. Checking Shop Drawings For agreements requiring the preparation ·of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by the Consultant may be included in the contract fee, or provision may be made for separate payment. G. Documentation Agreements where appropriate, shall provide that the Consultant document the results of the work to the satisfaction of the City, and if applicable, the state and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the agreement objectives. H. Number of Copies The number of copies of papers or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way plots is specified. Provision may be made for payment for additional copies. Exhibit A Page 2 of 2 Item 8.h. - Page 49 Exhibit D would be an exhibit to the Consultant Services Agreement EXHIBIT D FEDERAL-AID PROVISIONS FOR CONSULTANT CONTRACTS 1. STANDARD AGREEMENT FOR SUBCONTRACTOR/DBE PARTICIPATION A. Subcontractors 1. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Agency and any subcontractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the Agency for the acts and omissions of its subcontractors 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 the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the Agency's obligation to make payments to the Contractor. 2. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. 3. Contractor shall pay its subcontractors within ten (1 0) calendar days from receipt of each payment made to the Contractor by the Agency. 4. Any substitution of subcontractors must be approved in writing by the Agency's Contract Manager in advance of assigning work to a substitute subcontractor. B. Disadvantaged Business Enterprise (DBE) Participation 1. This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. 2. If the contract has a DBE goal, the Consultant must meet the DBE goal by committing DBE participation or document a good faith effort to meet the goal. If a DBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. 3. 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. The Consultant or· subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by the 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 the local agency deems appropriate. Exhibit D Page 1 of 9 Item 8.h. - Page 50 4. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. C. Performance of DBE Consultant and other DBE Subconsultants/Suppliers 1. A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, 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 commercially useful function, 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. 2. A DBE does not perform a commercially useful function 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. 3. If a DBE does not perform or exercise responsibility for at least 30 percent 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 commercially useful function. D. Prompt Payment of Funds Withheld to Subcontractors 1. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subconsultant performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime consultant and subconsultants. 2. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. Exhibit D Page 2 of 9 Item 8.h. - Page 51 E. DBE Records 1. The Consultant shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. 2. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subcontractors," CEM-2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by the Consultant or the Consultant's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25% of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (DBE}, First-Tier Subcontractors" is submitted to the Contract Manager. F. DBE Certification and Decertification Status If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the 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 the Consultant in writing with the date of certification. Any changes should be reported to the Agency's Contract Manager within 30 days. 2. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; the Consultant, subcontractors, and the City shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, the State Auditor, City, FHWA, or any duly authorized representative of the federal government shall have access to any books, records, and documents of the Consultant that are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allowability of cost individual items. Exhibit D Page 3 of 9 Item 8.h. - Page 52 B. The Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to the City. This also applies to all subcontracts in excess of $25,000. 4. MISCELLANEOUS PROVISIONS A. Covenant Against Contingent Fees The Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the Consultant; to solicit or secure this agreement; and that he/she has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this agreement. For breach or violation of this warranty, the local agency shall have the right to annul this agreement without liability, or at its discretion; to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Design Standards The agreement includes reference to the appropriate standards for design or other standards for work performance stipulated in the Consultant Agreement. C. Documentation Agreements, where appropriate, shall provide that the Consultant document the results of the work to the satisfaction of the local agency, and if applicable, the state & FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the agreement objectives. D. Ownership of Documents The agreement provides that tracings, plans, specifications, and maps prepared, or obtained under the terms of the agreement be delivered to and become the property of the local agency. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under such agreement shall be made available upon request to the local agency without restriction or limitation on their use. When an agreement is for preliminary plans only, no commitment should be stated or implied that would constitute a limitation of the subsequent use of the plans, or ideas incorporated therein for preparation of construction plans. E. Patent Rights Applicable patent rights prov1s1ons described in 41 CFR 1-9.1 regarding rights to inventions shall be included in agreements as appropriate. Exhibit D Page 4 of 9 Item 8.h. - Page 53 F. Copyrights The local agency may permit copyrighting reports or other agreement products. If copyrights are permitted, the agreement shall provide that the FHWA and state 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. G. Changes in Work The agreement contains prov1s1ons that permit mutually acceptable changes in the scope, character, or complexity of the work; if such changes become desirable or necessary as the work progresses. A method should be established for making adjustments to the basis of payment, and to the time for performance of the work. Provisions are made for special cases where it is essential that the extra work be performed immediately with execution of a supplemental agreement covering the changes as soon as possible. H. Delays and Extensions The agreement provides for an appropriate extension of time in case of unavoidable delays and for consideration of corresponding warranted adjustments in payment. I. Termination or Abandonment A procedure covering among other things, the ownership of work completed or partially completed, including the basis of payment, is established in the event of termination of the agreement prior to completion of the work. Conditions for termination due to default and circumstances beyond the control of the contractor are included. J. Remedies Provision(s) are included allowing administrative, contractual, or legal remedies for violation or breach of contract terms, citing appropriate sanctions and penalties. K. Disputes The agreement provides for a procedure to resolve any dispute concerning a question of fact in connection with the work not settled by agreement between the parties. Such procedures should conform to the practice followed by the local agency in resolving disputes in other contractual matters. L. Responsibility for Claims and Liability The Consultant shall be required to save harmless the local agency or other agency of government from all claims and liability due to his/her negligent acts, or the negligent acts of his/her subcontractors, agents or employees. M. General Compliance with Laws and Wage Rates The Consultant shall be required to comply with all federal, state and local laws and ordinances applicable to the work. This includes compliance with California prevailing Exhibit D Page 5 of9 Item 8.h. - Page 54 wage rates, certified payrolls, and payment in accordance with California Labor Code, Section 1775. N. Subcontracting, Assignment and Transfer Consultant services are considered to be a personal relationship between client and principal; therefore, agreements in which participating federal and/or state funds are furnished shall contain a clause expressly prohibiting the subcontracting, assignment, or transfer of any of the work except, as otherwise, provided for in the executed agreement. All contracts shall provide that subcontracts exceeding $25,000 in cost shall contain all required provisions of the prime contract. A. The Consultant shall perform the work contemplated with resources available within its own organization; and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Manager, except that, which is expressly identified in the approved Cost Proposal. B. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all the provisions stipulated in this contract to be applicable to subcontractors. C. Any substitution of subconsultants must be approved in writing by the City's Contract Manager. 0. Consultant's Endorsement on PS&E/Other Data The responsible Consultant/Engineer shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by him/her, and where appropriate, indicate his/her California registration number. P. Disadvantaged Business Enterprise Considerations Consultants must give consideration to DBE firms as specified in 23 CFR §172.5(b), 49 CFR, Part 26, and in Exhibit 10-1 "Notice to Proposers Disadvantaged Business Enterprise Information." If the contract has a DBE goal, the Consultant must meet the DBE goal by using DBEs as subconsultants or document a good faith effort to have met the goal. If a DBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another DBE subconsultant if the goal is not otherwise met. LAPM Exhibits 10-1, 1 0-J, 10-01, 10-02 are to be included in the Consultant Contract. Q. Equipment Purchase A. Prior authorization in writing, by the City's Contract Manager shall be required before the Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Consultant services. The 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 the Consultant's Cost Proposal and exceeding $5,000 prior authorization by the City's Contract Manager; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Exhibit D Page 6 of 9 Item 8.h. - Page 55 C. Any equipment purchased as a result of this contract is subject to the following: "The Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the City shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, the Consultant may either keep the equipment and credit the 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 the City in an amount equal to the sales price. If the Consultant elects to keep the equipment, fair market value shall be determined at the 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 the City and the Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the City." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5000.00 is credited to the project. D. All subcontracts in excess $25,000 shall contain the above provisions. R. Ownership of Data A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this contract will automatically be vested in the City; and no further agreement will be necessary to transfer ownership to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this contract has been entered into. C. The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by the Consultant under this agreement; further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by the City of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by the Consultant. D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions shall be included in the Agreements as appropriate. E. The 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. F. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. Exhibit D Page 7 of 9 Item 8.h. - Page 56 S. Confidentiality of Data A. All financial, statistical, personal, technical, or other data and information relative to the City's operations, which are designated confidential by the City and made available to the Consultant in order to carry out this contract, shall be protected by the Consultant from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by the City relating to the contract, shall not authorize the Consultant to further disclose such information, or disseminate the same on any other occasion. C. The Consultant shall not comment publicly to the press or any other media regarding the contract or the City's actions on the same, except to the City's staff, Consultant's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the City, and receipt of the City's written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. F. All information related to the construction estimate is confidential, and shall not be disclosed by the Consultant to any entity other than the City. T. Conflict of Interest A. The Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this contract, or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project, which will follow. B. The 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. C. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. D. The Consultant hereby certifies that neither Consultant, nor any firm affiliated with the Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise. E. Except for subcontractors whose services are limited to providing surveying or materials testing information, no subcontractor who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or Exhibit D Page 8 of 9 Item 8.h. - Page 57 on any contract to provide construction inspection for any construction project resulting from this contract. U. Rebates, Kickbacks or Other Unlawful Consideration The Consultant warrants that this contract 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 the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration 5. NON-DISCRIMINATION CLAUSE During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a- f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a- f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. Exhibit D Page 9 of9 Item 8.h. - Page 58 Exhibit E would be an exhibit to the Consultant Services Agreement EXHIBIT E NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies by signing and submitting this proposal/bid to the best of his or her knowledge and belief that: (I) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his/her proposal/bid that he/she shall require that the language of this certification be includecl in all lower-tier subcontracts which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Exhibit E Page 1 of 1 Item 8.h. - Page 59 Exhibit F would be an exhibit to the Consultant Services Agreement EXHIBIT F EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) The bidder __________________________________________________________ _ proposed subcontractor , hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EE0-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1. 7(b) ( 1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Exhibit F Page 1 of 1 Item 8.h. - Page 60 EXHIBIT E CONSULTANT'S PROPOSAL Item 8.h. - Page 61 sign 5130 San Jacinto Avenue • Atascadero, CA 93422 • Phone: 805-464-6126 • Fax: 805-461-3175 November 5, 2012 Teresa McClish Community Development Director City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 RE: RFP for Montego Street North Sidewalk Project Dear Teresa: It is a pleasure to submit this proposal for the Montego Street North Sidewalk Project. This project is exactly the type of project that Eikhof Design Group was created for. I created Eikhof Design Group in 2007 to assist local agencies with their engineering challenges. After spending eight years in the public sector, as an Associate Civil Engineer with the City of San Luis Obispo and as the Deputy Director of Public Works for the City of Atascadero, I determined that there was a very strong need for a small consulting firm that specialized primarily in public works projects. A firm with experience on "both sides of the counter", that could produce very high quality projects at a fair price with very little staff oversight. Over the years I have had the privilege of working with several agencies on the Central Coast, and have worked very closely with the City of Arroyo Grande's new Director of Maintenance Services, Geoff English. Geoff and I have had a very close working relationship for the past 11 years. While serving as the Deputy Director of Public Works, he referred to me as his "go to guy'', for engineering design and consultation. Geoff can attest that I am very highly skilled in all aspects of public works projects and extremely responsive. I look forward to working with you soon. Please contact me if you have any questions or would like to discuss this further. I can be reached at 805-952-5303 or by e-mail at jeff@eikhofdesigngroup.com. ~~~----..... , Jeff van den Eikhof, PE ' President, Eikhof Design Group, Inc. Item 8.h. - Page 62 ikhof roup Company Information Eikhof Design Group Inc. was incorporated in 2007 to provide engineering design and consulting services to local agencies. At the beginning of the economic downturn, founder and President Jeff van den Eikhof joined Pavement Engineering Inc. as a principal engineer. During that p~riod Eikhof Design Group only operated part-time on select projects for the City of Atascader(;. After spendi~g 4 years traveling all over California providing engineering services for cities and counties, Jeff van den Eikhof determined it was time to revived Eikhof Design Group. On July 1" of this year, Eikhof Design Group began offering services full-time to local agencies. During the 4 years providing engineering services for local agencies all over California, Jeff van den Eikhof gained a tremendous wealth of knowledge on how various agencies approach their challenges. He now brings all of that knowledge back to the Central Coast help agencies approve upon the ways they do work. Eikhof Design Group is a Small Business and meets the goals of federally funded projects to include small businesses in project participation. Consortium of local·lndependent Consultants (CLIC) In September 2012, Jeff van den Eikhof (Eikhof Design Group) and seven other local consultants created the Consortium of Local Independent Consultants (CUC). cue is made up of independent consultants or small firms (less than 5 employees) who are experts in their fields. The fields include civil engineering, surveying, biology, land planning, structural engineering, construction management, inspection, and other related disciplines. CUe's primary mission is to cross promote each other and collaborate on projec.ts. for local agencies. Only independent consultants or small firms who are experts in their field and we'll regar~ed in the local community are invited to join. The two subconsultants included in this proposal are members of cue. Project Description The Montego Street Sidewalk Project includes design and construction support services for the construction of infill sidewalk segments on the north side of Montego Street, beginning at Hillcrest Drive to the termination of the street at the cul-de-sac. The City previously performed a feasibility study (by Wallace Group) and determined that there is adequate area to bulb-out portions of the sidewalk segments and driveway approaches within the parking lane to lessen' the driveway grades and avoid the construction of retaining walls. The project is being funded using Federal Safe Routes to School (SRTS) funding and has a 3% DBE requirement. This DBE requirement will be filled by Lenhardt Engineering, a certified woman owned enterprise and UDBE. Surveying services will be provided by Karp Land Surveys. Eikhof Design Group Page 2 Item 8.h. - Page 63 In preparation for this project, Eikhof Design Group reviewed the feasibility study prepared by Wallace Group and presented to the Traffic Commission on July 2, 2012. The meeting minutes indicate that several residents are concerned with the loss of parking due to bulb-outs. Our observations prior to reading the meeting minutes were the same as the residents. It appears that school staff and visitors use Montego Street for parking. It will be important to take these concerns into consideration when designing any bulb-outs on.the street. Eikhof Design Group will work closely with City Staff to adequately address the concerns of the citizens and balance the on-street parking with the safe pedestrian route. Scope of Services Task 1 (Notice to Proceed and Kickoff Meeting) Eikhof Design Group will work closely with City Staff to ensure that all contract documents are signed and approved prior to issuance of the notice to proceed. We anticipate having a Kick-off meeting with the City Project Manager at the time the Notice to Proceed is issued. At this meeting Eikhof Design Group will receive copies of all preliminary work and feasibility studies completed for this project: In the review of the site we observed that school staff and visitors use Montego Street for parking. This was further confirmed by public comment during the Traffic Commission Meeting on July 2, 2012. Several residents expressed concern regarding the loss of parking spaces due to this project. Eikhof . ' Design group will discuss the various options with the City, and will incorporate Staff's COIT!men~s_into the project design. Task 2 (Surveying) Montego Street from Hillcrest Drive to the cul-de-sac will be surveyed. The survey will include enough topographic data to address the construction of bulb-outs, transitions between the existing'driveways . I ' and new construction, drainage, and any utility conflicts. The survey work will be performed by Karp Land Surveys. A boundary survey is not anticipated, since all work will be constructed within the City right-of-way. Task 3 (Preliminary Design-50% Complete) Using the topographic information, Eikhof Design Group will prepare exhibits showing various alignments and options. In review of the project site, there are several locations along the north side of Montego Street that need to be addressed. It appears that all of the driveway approaches exceed the required ·cross-slope for ADA compliance, and point obstructions occur at mailboxes and utility poles. Additionally; there are segments where no sidewalk currently exists. The segments are from 1234 Montego to 1222 Montego, from 1214 Montego to 1206 Montego, and in front of 1202 Montego. The options will show the potential bulb-out locations and new sidewalks. As all work is anticipated to be completed In the existing right-of-way, no geotechnical investigation is anticipated for the construction of new sidewalks. If it is determined that geotechnical work is Eikhof Design Group Page 3 Item 8.h. - Page 64 sign necessary due to design of retaining walls or other geotechnical challenges, Eikhof Design Group will subcontract with Midcoast Geotechnical for this work. Eikhof Design Group will prepare preliminary engineer's estimates for all of the various options. We will then schedule a meeting with City Staff to review the various options. Staff will then be given time to review the various options and decide a final design option. This will be considered the 50% Design Stage. Task 4 (Design-95% Complete) As soon as the final design option has been determined by City Staff and Eikhof Design Group, we will prepare the final design plans, specifications, and estimates for the work. Based upon the project budget, various additive alternates can be prepared to maximize the work completed under the approved budget. Upon completion of the final design, Eikhof Design Group will meet with the City to review to final documents. The City will then have time to review the final documents. ·Eikhof Design Group will provide Construction Support as needed during construction. This support may include responding to RFI's, redesigning as necessary based upon conflicts in the field, and consultation. Eikhof Design Group will also prepare record drawings at the completion of the project. Task 5 (Construction Documents -100% Complete) Upon completion of the final staff review, Eikhof Design Group will incorporate any staff comments into the construction documents. The completed construction documents, including plans, specifications, estimate, and bid schedule will be submitted to the City for bidding. Task 6 (Bidding and Construction Support) Eikhof Design Group will provide bidding and construction support on an "as needed" basis. The work may include review of submittals, response to RFI's, redesign to resolve conflicts based on field conditions, consultation, and the preparation of record drawings. Qualifications The following is a list of team members, with brief resume summaries: . Project Manager Jeff van den Eikhof, PE Mr. van den Eikhof is the Principal Engineer and owner of Eikhof Design Group and has over 20 years of experience in the engineering field. He has been providing engineering services for local agencies for the past 14 ye~rs. He is an expert in engineering design, and assists many clients in the production of contract documents for capital improvement projects. Mr. van den Eikhof is the former Deputy Director of Public Works for the City of Atascadero. He will oversee all work completed by Eikhof Design Group, and will be the direct contact with the City. Eikhof Design Group Page 4 Item 8.h. - Page 65 DBE Subconsultant Cheri Lenhardt, PE Ms. Lenhardt has a broad background in civil engineering, which includes development of concept designs and capital improvement projects; writing contract specifications, technical reports and training manuals; public speaking; contract management, estimating and negotiations. She is a technical expert in several areas but is particularly drawn to environmentally sensitive projects. Her diversity of experience provides a strong foundation for developing cost-effective solutions that are feasible to implement. She is particularly adept at proactively identifying schedule, cost, construction and environmental implications between alternatives. For this project, Ms. Lenhardt will assist during the design of the project and preparation of the specifications. Surveying David Karp, PLS Mr. Karp has worked in the engineering field for the past 11 years and currently owns and operates Karp Land Surveys. David is following in the footsteps of his father, Paul Karp, who is the former Director of Public Works for the City of Santa Maria. Recently David has been working closely with the City of Atascadero performing surveying services on a contract basis. He also provided drafting and inspection services for the El Camino Real CDBG Barrier Removal Project for the City of Atascadero. This project was completed in October 2012. Relationship between Those Involved City of Arroyo Grande I I Jeff van den Eikhof, PE Principal Engineer Project Manager I I T I David Karp, PLS Support Staff: Cheryl Lenhardt, PE Land Surveying Technicians, DBE Subconsultant Draftsmen, Clerical Engineering Support Eikhof Design Group Page 5 Item 8.h. - Page 66 Time Outline ESTIMATED TIME TO MILESTONES COMPLETION COMPLETE DATE Task 1-Notice to Proceed and Kickoff Meeting 12/17/2012 Task Z-Surveying 1 Week 12/21/2012 Task 3-Preliminary Design-SO% Complete 3 Weeks 1/11/2012 Staff Review 1 Week 1/18/2012 Task 4 -Design-95% Complete 3 Weeks 2/8/2012 Staff Review 1 Week 2/15/2012 Task 5-Construction Documents -100% Complete 1 Week 2/22/2012 Task 6-Bidding and Construction Support As Needed During all portions of the work, Eikhof Design Group will be working closely with the City Staff member that is assigned to the project to ensure that all ofthe City's concerns are addressed in the timely manner. Eikhof Design Group Page 6 Item 8.h. - Page 67 Representative Project !Experience Atascadero lake Park Frontage Project Contact: Contact Phone: Geoff English (Now with City of 805-470-3142 Arroyo Grande) 6907 El Camino Real Atascadero, CA 93422 Client: City of Atascadero Start Construction: March 2012 Construction Cost: $400,000 End Construction: May 2012 Fees: $40,000 Staff Members Involved: Subconsultant: Jeff van den Eikhof 0 Patterson, Landscape Architect Project provided accessible pathways along Atascadero Lake Park Frontage and connection to Atascadero Zoo. A monument sign and banner sign holder were designed with the project. The project was completed on time and within budget. Project included Caltrans permitting for accessible ramps in the Highway 41 Right-of-Way. Eikhof Design Group Page 7 Item 8.h. - Page 68 El Camino Real CDBG Barrier Removal Project Contact: Contact Phone: David Athey 805-461-5000 6907 El Camino Real Atascadero, CA 93422 Start Construction: Sept. 2012 Construction Estimate: $150,000 Client: City of Atascadero End Construction: October 2012 EDG Fees: $7,000 Individuals Involved: Jeff van den Eikhof, PE David Karp, PL5 The El Cammo Real CDBG Barner Removal Project mcluded des1gn, construction management, and inspection services for the City of Atascadero. The project was a sidewalk infill project to provide continuous pedestrian access between Rosario Avenue and San Jacinto Avenue. Due to the steep driveways additional survey and design work was necessary to ensure safe pedestrian and vehicle access at driveway approaches. The project was completed on time and on budget. Paloma Creek Park CDBG Barrier Removal Project Contact: Contact Phone: Geoff English (Now with City of 805-470-3142 Arroyo Grande) 6907 El Camino Real Atascadero, CA 93422 Client: City of Atascadero Start Construction: Nov. 2012 Construction Cost: $75,000 End Construction: Jan. 2013 Est. Fees: $3,000 Staff Members Involved: Subconsultant: Jeff van den Eikhof None The Paloma Creek Park CDBG Barrier Removal Project included the survey and design of the park entry and pathways. The project evaluated ADA accessible to the park, baseball field stands, and concession stand. All non-compliant facilities were redesigned to provide accessible access. Short retaining walls were included in the project design. Eikhof Design Group Page 8 Item 8.h. - Page 69 James Way Sidewalk Project Contact; Contact Phone: Greg Ray (Now with City of 805-773-7041 Grover Beach) 750 Mattie Road Pismo Beach, CA 93449 Client: City of Pismo Beach Start Construction: 2009 Construction Cost: $250,000 End Construction: 2009 Fees: $45,000 Staff Members Involved: Subconsultant: Jeff van den Eikhof None The James Way Sidewalk Project connected 5 Cities Dnve and James Way. The project mcluded des1gn of sidewalks and retaining walls on 5 Cities Drive and James Way and within the Caltrans Right-of-Way. The project included securing a Caltrans encroachment permit for construction under Highway 101. Jeff van den Eikhof provided all of the engineering services while working for Pavement Engineering Inc. Eikhof Design Group Page 9 Item 8.h. - Page 70 Atascadero Veterans Memorial Contact: Col. Bill Hatch Contact Phone: 805-365-5097 Client: Atascadero Veterans Memorial Designed: 1/2007-2/2008 Construction Cost: ~s2 million Foundation Dedicated: 11/8/2008 Design Fees: $30,000 (Donated) Project consisted of design and construction of Veteran's Memorial Park from initial conception through final completion. Mr. Van den Eikhof was the Project Engineer. His services included coordinating with Colonel Bill Hatch, Chairman of the Atascadero Veterans Memorial Foundation and preparing all plans and specifications for the project, and insuring the project was expedited through the City permitting process. As Project Manager, Mr. Eikhof coordinated with Mr. Mark Greenaway, the sculptor who created the "Faces of Freedom" memorial sculpture, to develop designs for the sculpture foundation. Mr. Eikhof secured donations from various local consultants, including free consultation and design from a local electrical engineer. Mr. Eikhof also provided a significant amount of "pro bono" time, above and beyond his initial fees, during design development and construction. Scope of improvements at the site included hardscape paving, ADA accessibility, landscape planting and irrigation, drainage improvements, and site lighting. Construction was completed in the Fall of 2008 and formally dedicated on November 8, 2008. Eikhof Design Group Page 10 Item 8.h. - Page 71 sign Additional Relevant Projects Railroad Safety Trail (Phase 3, 4, and 4a), City of San Luis Obispo, CA This trail and bikeway project will connect the many commercial, recreational, educational and residential neighborhoods in the area. The primary project focus includes development of about 4.5- miles of Class 1 facilities and the interfaces of these facilities with public roads and other Class 2 bike facilities. The Class I bike trail will run adjacent to Union Pacific Railway through the City of San Luis Obispo and create a major north/south bicycle thoroughfare for the City of SLO, serving all downtown neighborhoods and businesses, Cal Poly State University and four of the fine area elementary schools and all of the Broad Street Corridor neighborhoods and businesses. Phase 3 was completed on an accelerated schedule to facilitate the City in obtaining federal funds. The project PS&E package was fully compliant with Caltrans Local Assistant Procedures Manual {LAPM) Federal Provisions. This work was performed by Cheryl Lenhardt during prior employment. El Camino Real Downtown Enhancement Project, City of Atascadero TheEl Camino Real Downtown Enhancement Project was the first phase of the Atascadero Streetscape program. This program provides enhancements to the downtown area of Atascadero, including the use of landscaped medians, decorative pavers and sidewalks, enhanced street lighting, decorative urns, and improved pedestrian accessibility. Jeff van den Eikhof provided all of the design and project management for this project, as a City employee. Sunken Gardens Enhancement Project, City of Atascadero This project revitalized the existing Sunken Gardens in Atascadero. This project continued the streetscape program, providing enhanced sidewalks, decorative elements, and street lighting. This project was completed on-time and within budget. Jeff van den Eikhof provided all of the engineering services and construction management for this project, as a City Employee. Resumes The following resumes are for key individuals Eikhof Design Group Page 11 Item 8.h. - Page 72 Jeff van den Eikhof, PE President Professional Registration Registered Civil Engineer, California, No. C59920 Registered Ovll Engineer, Oregon, No. 58577PE Education Bachelors of Science, Ovll Engineering Brigham Young University Professional Alfillotlons American Society of Ovll Engineers, San Luis Obispo Branch of the Los Angeles Section, President, 2003-2004 American Public Works Association Order of the Engineer Alumni Member, Brigham Young University Eikhof Design Group Experience Mr. van den Eikhof has over 20 years of experience as an engineer for private consulting firms and public agencies. His experience as the Deputy Director of Public Works for the City of Atascadero, and as an Associate Engineer for the City of San Luis Obispo, gives him tremendous insight into permit processing and agency procedures. Mr. van den Eikhof is very active in the engineering community, and served as the President of the San Luis Obispo Branch of the American Society of Civil Engineers from 2003 to 2004. During his Presidency he worked to establish a local chapter of "The Order of the Engineer", an organization In which engineers pledge to uphold integrity and honesty in their professions. Atascadero Veteran's Memorial-Atascadero, CA Mr. van den Eikhof provided all of the engineering services and inspection for this project that has an estimated value of $2 million. Most of the engineering services were donated to the Atascadero Veteran's Memorial Committee. Mr. van den Elkhof. Drainage Improvements (Various locations)-City of Pismo Beach This project included the replacement of aging infrastructure, redesign of undersized systems, and design of new facilities. Work included providing topographic surveying, drainage analysis, and plans, specifications and estimates. A notable portion of the work included the removal and replacement of an aging drainage line from the top of a bluff to the beach. This required the engineering of special construction techniques. Sunken Gardens and Downtown Enhancement Projects-City of Atascadero These projects enhanced the existing Sunken Gardens Park and El Camino Real adjacent to the Carlton Hotel. These projects included decorative sidewalks, pedestrian lighting, decorative pavers, a lighted crosswalk, bulbouts, a raised crosswalk and revised parking alignments. Mr. van den Eikhof was the project engineer and designed and managed all aspects of these projects, included holding public meetings, and addressing City Council and public concerns. These projects were both completed on time and within budget. Higuera Bridge Reconstruction Project-City of San luis Obispo This project involved the removal of an existing bridge deck in downtown San Luis Obispo and reinforcement of existing rock walls, and deck replacement. This project was completed over a two-year period in which Mr. van den Eikhof was the Resident Engineer. His primary duties included overseeing all construction activities and managing consultant inspectors for this multimillion-dollar project. Page 12 Item 8.h. - Page 73 Cheryl A. Lenhardt, PE DBE Subconsultant I Engineering Support I Quality Assurance Professional Registration Registered Civil Engineer, California, No. C530G Education Bachelors of Science, Environmental Resources Engineering Hum bolt State University Certljlcotlons Certified Professional Erosion and Sediment Control, No. 4103 Certified Professional Storm Water Quality, No. 0286 LEED Accredited Professional (exp) Eikhof Design Group Experience Ms. Lenhardt has a broad background in civil engineering, which includes development of concept designs and capital improvement projects; writing contract specifications, technical reports and training manuals; public speaking; contract management, estimating and negotiations. She Is a technical expert In several areas but is particularly drawn to environmentally sensitive projects. Her diversity of experience provides a strong foundation for developing cost-effective solutions that are feasible to implement. She Is particularly adept at proactively Identifying schedule, cost, construction and environmental implications between alternatives. Ms. Lenhardt has served on the City of San Luis Obispo Bicycle Advisory Board, Is a member of the San Luis Obispo Bicycle Coalition and recently participated in the first ever-International Velocity conference prior to cycling across the world's best cycling Infrastructure (Denmark, the Netherlands, Belgium, Germany and France). longbranch Avenue Demonstration Project, Grover Beach California Prepared conceptual design to narrow an excessively wide street while incorporating features to promote alternative forms of transportation, improve pedestrian and cyclist safety, improve water quality and reduce runoff volumes, enhance neighborhood aesthetics and reduce pavement management costs. Florence Street SR2S/LID Demonstration Project, San Luis Obispo County, CA Incorporated passive, natural storm water treatment into a designated Safe Routes to School project for the community of Templeton. Determined the storm water quality volumes and expected pollutant loadings associated with the tributary area and land uses along Florence Street between Toad Creek and Las Tab las Road. Used Low Impact Development (LID) concepts to design a roadside infiltration/native garden system and porous concrete sidewalks to retain and treat the first 3/4-inch of storm water runoff, and to reduce runoff volumes while reducing maintenance costs. We conducted public stakeholder meetings, coordinated with utilities and prepared contract plans, specifications and an estimate package plus we wrote the RWQCB grant final report. Railroad Safety Trail (Phase 3, 4, and 4a), City of San luis Obispo, CA This trail and bikeway project will connect the many commercial, recreational, educational and residential neighborhoods In the area. The primary project focus Includes development of about 4.5-miles of Class 1 facilities and the interfaces of these facilities with public roads and other Class 2 bike facilities. The Class I bike trail will run adjacent to Union Pacific Railway through the City of San Luis Obispo and create a major north/south bicycle thoroughfare for the City of SLO, serving all downtown neighborhoods and businesses, Cal Poly State University and four of the fine area elementary schools and all of the Broad Street Corridor neighborhoods and businesses. Phase 3 was completed on an accelerated schedule to facilitate the City in obtaining federal funds. The project PS&E package was fully compliant with Caltrans Local Assistant Procedures Manual (LAPM) Federal Provisions. Page 13 Item 8.h. - Page 74 ikhof roup Fee Proposal Position Rate Number of Hours Total Task 1 (Notice to Proceed and Kickoff Meeting) Principal Engineer $150/hour 4 hours $600 Task Total $600 Task 2 (Surveying) Principal Engineer $150/hour 4 hours $600 Land Surveyor $130/hour 4 hours $520 1 Man Robotic Crew $160/hour 8 hours $1,280 Draftsman $80/hour 4 hours $480 Task Total $2,780 Task 3 (Preliminary Design-50% Complete) Principal Engineer $150/hour 4 hours $600 Civil Engineer $140/hour 10 hours $1,400 Draftsman $80/hour 20 hours $3,200 Task Total $5,200 Task 4 (Design-95% Complete) Principal Engineer $150/hour 4 hours $600 Civil Engineer $140/hour 10 hours $1,400 Draftsman $80/hour 40 hours $3,200 Clerical $60/hour 4 hours $240 Task Total $5,440 Task 5 (Construction Documents-100% Complete) Principal Engineer $150/hour 4 hours $600 Draftsman $80/hour 10 hours $800 Clerical $60/hour 4 hours $240 Task Total $1,640 Task 6 (Bidding and Construction Support)-On an "As Needed" Basis Principal Engineer $150/hour 10 hours $1,500 Draftsman $80/hour 10 hours $800 Task Total $2,300 Estimated Total Project Fees: $17,960 All work completed to fill the DBE requirement will be done by Lenhardt Engineering under Task 4 (Design-95% Complete). Proposed work will be assistance during the development of the technical specifications, which will be billed at the Civil Engineer rate shown. The DBE Goal of 3% will be met or exceeded during this project. Item 8.h. - Page 75 sign Fee Schedule Personnel Description Principal Civil Engineer Civil Engineer Licensed Land Surveyor Engineering Technician Draftsman Clerical 1 Man Robotic I Conventional Crew 2 Man Robotic I Conventional Crew 1 Man GPS Crew (1 Man 2 Receivers) 2 Man GPS Crew (2 Man 2 Receivers) 2 Man GPS Crew (2 Man 3 Receivers) Reimbursable Expenses Blueprints Reproducibles (vellum, mylar) Mailing (UPS, Fed Ex, Cal Overnight, etc.) .. Facsimile Photocopies Other Reproduction Subcontracted Services Travel by automobile Travel -Other than automobile Tvpical Rate/Hour $150.00 $140.00 $130.00 $ 110.00 $ 80.00 $ 60.00 $160.00 $185.00 $175.00 $195.00 $240.00 Fee $ 3.00 per sheet $15.00 per sheet Cost+ 15% .• t •• no·charge $0.15 per page Cost+ 15% Cost+ 15% $0.50 per mile Cost+ 15% Fees for Engineering services on a Time and Materials Basis will be charged at the applicable hourly rates. Fees are charged in increments of one-half hour. Regular working hours are the first 8 hours between 7 AM and 6 PM, Monday through Friday, holidays excluded. Work requested or performed outside these parameters is subject to the following additional premium time charges: Engineer: $55/hour Item 8.h. - Page 76 Local Assistance Pi·ocedu•·cs Manual EXIUBIT 10-1<' Certilicntion of Consultant, Commissions & Fees EXFffiliT 10-F: CERTfFICATION OF CONSULTANT, COMMISSION & FEES I HEREBY CERTIFY that I am the President and duly authorized representative of the firm of Eikhof Design Group Inc. , whose address is 5130 san Jacinto Ave, Atascadero, CA 934 22 and that, except as here expressly stated, neither I nor the above ftrm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any fi1m or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, foror in connection with, procuring or carrying out this agreement. acknowledge that this Certificate is to be made available to the Califomia Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal-aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Datei' Distribution: (I) Local Agency Project File (Original & Conlracl) (2) OLEA (with co111ract copy) Page I OB 12-03 .rune 20, 2012 Page 1 of 1 Item 8.h. - Page 77 Local Assistance J>rocedures Manual EXHIBIT 10-G Certification of Local Agency EXHIBIT 10-G: CERTIFICATION OF LOCAL AGENCY f HEREBY CERTIFY that I am the Community Development Director of the ------"'C'-"ilCLy_,o"-'f-'-A-"r!.!.r-"'oLyo"'--"G"-'r-"'aJ'-"ld""e.__ ____________ ___,, and that the consulting firm of -------------------------'or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person, or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in cOJmection with this Agreement involving participation of federal-aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) Distribution: (I) Local Agency Project File (Original & Contrnct) (2) OLEA (with contruct copy) (Signature) Page 1 on 12-03 .June 20,2012 Page 1 of 1 Item 8.h. - Page 78 EXHiBIT l 0-02 Locnl Assistance Pmcedut·es Mnnunl Locnl Agency Consultant DBE Information INSTRUCTlONS-LOCAL AGENCY CONSULTANT DBE JNFORMATION Consultant Section The Consultant shall: 1. Local Agency Name-Enter the name of the local or regional agency that is funding the contract. 2. Project Locution -Enter the project location as it appears on the project advertisement. 3. Project Descr·iption -Enter the project description ns it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Total Contract Award Amount-Enter the total contract award dollar amount for the prime consultant. 5. Consultant Name-Enter the consultant's firm name. 6. Cont.-act DB I!: Gonl %-Enter the contract DBE goal perccntuge, ns it was reported on the Exhibit 10-1 form. See LAPM Chapter 10. 7. Tot:rl Dollar Amount for.!!.!! Subconll·actor-s-Enter the total dollar amount for all subcontracted consultants. SUM= (DBE's + all Non-DBE's). Do not include the prime consultant information in this count. 8. Total number of nil subcontractors-Enter the total number of nil subcontracted consultants. SUM= (DBE's +all Non- DEE's). Do.!!.!!! include the prime consultant infonnation in this count. 9. Descri1>tion of Services to be Provided-Enter item of work description of services to be provided. Indicate all work to be performed by DBEs including work perfonned 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 detennine how to count the participation ofDBE fmns. 10. DllE Firm Contact Infor·rnntion-Enter the name and telephone number of all DBE subcontracted consultnnts. Also, enter the prime consultant's name and telephone number, if the prime is a DBE. II. DBE Cer·t. Number· Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their status should change during the course of the contract.) 12. DllE 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, and include DBEs that are not identified as subcontractors on the Exhibit 10-01 fonn. See LAPM Chapter 9 for how to count full/partial participation. 13. Total Dollars Claimed-Enter the total dollar amount• for columns 12 nnd 13. 14. Totnl% Claimed-Enter the total participation claimed for columns 12 and 13. SUM= (item "14. Total Participation Dollars Claimed" divided by item "4. Total Contract Award Amount"). If the Total% Claimed is less than item "6. Contract DBE Goal", n Good Faith Effort (GFE) is required. IS. Prcparcr's Signature-The person completing this section of the form for the consultant's firm must sign their name. 16. l'repnr·er-'s Nome (Print)-Clearly enter the name of the person signing this section of the fonn for Ure consultant. 17. Preparer's Title-Enter the position/title of the person signing this section ofthc fonn for tbe consultant 18. Date · Enter the date Uris section of the fonn is signed by the preparcr·. 19. (Area Code) Tel. No.-Enter the area code and telephone number of the person signing this section of the fonn for the consultant. Local Agency Section: Tire Local Agency representative shall: 20. Local Agency Contntct Number-Enter the Local Agency Contract Number. 21. Fed em l-Aid Project Number·-Enter the Federal-Aid Project Number. 22. Contract Execution l)atc-Enter the date the contract was executed and Notice to Proceed issued. Sec LAPM Chapter 10, page 23. 23. Local Agency Representative Nome (Print)-Clearly enter the name of the person completing this section. 24. Local Agency Representative Signature· The person completing this section of the form for the Local Agency must sign their name to certifY that the infonnation in this and the Consultant Section of this fonn is complete and accurate. 25. Date -Enter the date the Local Agency Representative signs U1c forn1. 26. Local Agency Representative Title-Enter the position/title of the person signing this section of the fonn. 27. (Area Code) Tel. No.-Enter the area code and telephone number of the Local Agency representative signing this section of the fonn. Cnltmns Section: Ca/trons District Loco/ Assistance J:.'ngineer (DLAE) shall: 28. DLAE Name (Print)-Clearly enter the name of the DLAE. 29. DLAI~ Signuture-DLAE must sign this section of the form to certify that it hus been reviewed for· completeness. 30. Dote -Enter the date that U1e DLAE signs this section the form. Page 2 .June 29,2012 on t2-04 Page 2 of 2 Item 8.h. - Page 79 Locnl Assistance Procedures Mnnuol I~XHIBIT 10-G Certification of Local Agency EXHlBIT 10-G: CERTIFICATION OF LOCAL AGENCY f HEREBY CERTIFY that I am the Community Development Director of the ______ _,C'-"ity,_,_,o..,f_,A_,_r,_.r.,o,;_yo"-"G""r-"'an,_.d,e,__ ____________ --->, and that the consulting firm of _E_i_k_h_o_f __ o_e_s_i-=g=-n_G_r_o_u...;p:::....;_,_I_n_c_. __________ , or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any litm or person, or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. acknowledge that this Certificate is to be made available to the California Department of Transportation (Cal trans) in connection with this Agreement involving participation of federal-aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) Distribution: (I) Local Agency Project File (Original & Contract) (2) OLEA (with contract copy) (Signature) Page 1 OB I2-03 June 20, 20l2 Page 1 of 1 Item 8.h. - Page 80 Local Assistnncc Procedures Manual EXHIBIT 10-01 Local Agency Consultnnt DBE Commitment EXHlBlT I 0-01: LOCAL AGENCY CONSULTANT DllE COMM.ITMENT (Inclusive of all DBEs at time of proposal) NOTI~: Please refer to instructions on the reverse side of this form. I. Local Agency Name': City of Arroyo Grande 2. Project Location: _M=o"'n,te=g•o_,S.,tr....,e"'e"-t ------------------------------- 3. Project Description: _S""'id.,e,nw 02 a"-'lk>...!.!In!.!.fi 11 11.._1 -------~---------------------- 4. Consultant Name: Eikbof Design Group, Inc S. Contract DBE Goal %: ~J,_,'Y<"'•-- 6. Description of Services to be Provided Enqineering Services DBE Commitment Information 7. DBEFirm Contact Information Lenhardt Enqineerinq Inc . 8. DBECen. 9. DBE% Numher 39108 3.35 . :.:-· ..... ,·, .:~· ..... ,~= ·,C ·~.·:-. 'Lo,cnJ·Agency to ccimjilete.tiiis-Sectioi'I :',·<· .. :·.,::·•:'.'· · '·-"'·.:.<·::; :~io. 'rouit ~:.:· ::.::.= .. , .. ,., \'! ·, •.::; ·;·:·< ;: .:::.~· ::.: :,·: 16. Local Agency Contrnct Number: -~P._W,_,2"""0112"'·"'09,__ ____________ 1 _:i;:,:}~f.2t~~:~:_:;~rJ:l;~:.:':.:;':~~~~:~~::;~::~~:.~~-:;..ii~};4 : :;..:;::.·:~;::~:~;;~~;:;::::;5 ::..::·::::<,.,i.;:·r..,.:.~~~::~h·~~~~::J·~ J 7. Fcdeml·aid Project Number. ---"-"SIK.!.rs,L.,·:.t.5.LI9"'-'9' rt""02,6,_._l __________ --t::~·: ~i~\~:(:!~;:~t,; );.~f·it~Iff(i¥J 18. Proposed Contmct Execution Date: -------- Local Agency certifies that all DBE certifications arc valid and the information on this fom1 is complete and accurnte: _M'ke L'nn 19. Local Agency Representative Name (Print) 20. Local Agency Representative Signature Assislnnt Cjty Engineer 22. Local Agency Representative Title Distribution: (I) Original-Submit with Award Package (2) Copy-Local Agency files 21. Date 1805) 473·5444 23. (Area Code) Tel. No. 11. ~~rJs Signature o Jeff van den Eikhof 12. Preparer's Name (Print) President 13. Preparer's Title 11/5/2012 (805)952-5303 14. Date IS. (Area Code) Tel. No. Page 1 on 12-04 June 29,2012 Page 1 of 2 Item 8.h. - Page 81 Local Assistance ProcedUJ·es Manual EXHfBlT 10-02 Local Agency Consultant DBE Information EXHIBIT 10-02: .LOCAL AGENCY CONSULTANT DBE INFORMATfON (Inclusive of all DBEs listed at bid proposal) NOTE: Please refer to instructions on the reverse side of this form. :: ~:.::; :,.:;i:.'y-.=.:;1 :,;~~:' ·s;~ :::; :~~=~?~ • ;~:·,;~.=.;=:;:·; :e,:~iicB·~~'i¥"it·~-~ t)6~i::8'hi'p iei~:this ·s~~tioa;·· ~/-.'-~:~;:: '/ ::.'' ;' =.: · y_:::;;~.,:~;<:'>.':~r'\~':YT 1. Local Agency Name: Citv of Arroyo Grande 2. Project Lo~tion: -JM"""o"'n..,te<llg.,o_,S'-'trc!.!:Ee.!..t ------------------------------- 3. Project Description: _S.,_i.,d.,.ew=a.,lk,._l'-'n'-'fi"'ll'-------------------------------- 4. Total Contract Award Amount:$ _1_7...;,_9_6_0 ____ _ 5. Consultnnt Nnmc: Eikhof Design Group Inc. 6. Contruct DBE Goal%: ~3._%'-"o __ 7. Total Dollar Amount for!!!! Subcontractors:$ _2:..':..5:..:..0:..0 ___ _ R. Total Number of l!!l Subcontractors: __ __,2~--- 9. Description of Services to be Provided Engineering Services Award DBE Information 10. DBE Firm Contnct Information Lenhardt Enqineerinq, Inc. 20. Local Agency Contract Number. --"-P-"W'-2"'0"1"'2"'·0,9 _________ _ 21. Federal-aid Project Number: ___ ..,SR..,_T""S""L:.·,._5,.19'-'9-'("'02..,6,_.l _______ _ 22. Contrnct Execution Date: ------------------ Local Agency certifies that all DBE cettifications are valid and the information on this form is complete and accurate: Mike Linn 23. Local Agency Representative Name (Print) 24. Local Agency Representative Signature 25. Date Assistnnt Citv Enflineer (805) 473-5444 26. Local Agency Representative Tille 27. (Aren Code) Tel. No. II. DBE Cert. 12. DBE Dollar Number Amount 39108 $600.00 ~-~ 15. Pr"c:fjtrref's Signature 0 Jeff van den Eikhof, PE 16. Preparer's Name (Print) President · ;:;:_;;: .. <;.';'.":•:·:~·-~ ... -:. _,;Caltrans.to 'Complete this .Section •,·:l·;·.'._;;;;: ··:·:~>;·:.''·i=,: r:.:•: 17. Preparer's Title Cal trans District Local Assistance Engineer (DLAE) certifies thnt this form has been reviewed for completeness: 28. DLAE Name (Print) 29. DLAE Signature 30. Date 11/5/2012 18. Date {8051952-5303 19. (Area Code) Tel. No. Distl'ibution: (I) Copy-Email a copy to the Caltmns District Local Assistance Engineer (DLAE) within 30 days of contmctawnrd. Failure to send a · copy to the DLAE .,.,;thin 30 days of contrnctaward may resull in dclny of payment. (2) Copy-Include in award package sent to Cnltrnns DLAE (3) Original-Local agency files OB 12-04 Page 1 of 2 Page 1 June 29, 2012 Item 8.h. - Page 82 BU S I N E S S EN T E R P R I S E CE R T I F l C A T E L E N H A R D T EN G I N E E R I N G , IN C . 14 4 9 G A R C I A D R I V E S! \ N LU I S OB I S P O . C/ 1 . 9~ 4 0 5 Ow n e r : C H E R Y L LE N H A R D T Bu s i n e s s St r u c t u r e : CO R P O R A T I O N ST A T E WO M E N BU S I N E S S EN T E R P R I S E Th i s ce r t i f i c a t e ac k n o w l e d g e s th : l l sa i d !i r m is a p p r o n d hy th e Ca l i f o r n i a D e p a r t m e n t of Tr a n s p o r t a t i o n :I S :1 St a t e Mi n o r i t y Bu s i n e s s En t e r p r i s e or St a t e Wo m e n Bu s i n e s s En t e r p r i s e (o r in so m e ca s e s bo t h ) in ac c o r d a n c e wi t h As s e m b l y Bi l l Nu m h c r .t S l i . C h a p t e r IJ 2 9 an d th e Ca l i f o r n i a Pu b l i c Cu d c . C h a p t e r 2. 5 (c o r n m c n c i n l ! wi t h Se c t i o n 20 5 0 ) . fo r th e fn l l n w i n g NA I C S co d e s : * 54 1 . 3 . \ 0 ~4 1 6 2 0 En g i n e e r i n g Se r v i c c · s En v i w n m c n t a l Co n s u l t i n g S. : r \ ' i c c s " In d i c a t e s pr i m a r y NA I C S co d e : CE R T I F Y I N G AG E i ' \ C Y : DE P A R T M E N T OF TR A N S P O R T A T I O N ll \ 2 . 3 14 T H ST R EI : : T . MS 7'1 SA C R A M E N T O . CA 95 X 1 4 00 0 0 (9 1 ( > ) 32 4 - 1 7 ( ) ( 1 Fi m 1 Nu m b e r : .> 9 1 OX Rq ~ · a l DJ t c : : /' l > , · c m b c ; r I. ~0 12 /) . f /I J ' i ; I I L, q . ( / ) I :' ! :r : ; - - : . f l / f b '( : ; ? ' v " L - 1 < - < - L £ . : Oc t o b c · r 19 . 2 0 1 0 CE R T I F Y I N G AG E N C Y RE P R E S E N T A T I V J : Item 8.h. - Page 83 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.h. - Page 84