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HomeMy WebLinkAboutDudek - 2018-11-05 1PPi2AUED7- -o WING70' 's ` • 9F' City of Huntington Beach %�GUNTY W) File #: 19-1291 MEETING DATE: 1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Tom Herbel, PE, Acting Director of Public Works Subject: Authorize use of existing on-call construction management/inspection contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for City related projects Statement of Issue: The City has existing on-call professional services contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for on-call construction management and inspection services. When initially awarded, these contracts were approved for use on projects listed in the Capital Improvement Program (CIP). Staff is requesting that Council authorize the use of these contractors for any City related projects and activities. Financial Impact: No additional funds are requested at this time. Recommended Action: Authorize the use the existing on-call construction management/inspection contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for any City related projects and activities including those in the approved CIP. Alternative Action(s): Do not provide this authorization Analysis: On November 5, 2018, Council approved new on-call professional services contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek. At that time, the approval for these contracts was limited to services to support staff for the construction of CIP projects identified in the annual CIP. Staff is seeking authorization to use these contractors for projects in the City including those identified in the CIP. Environmental Status: City of Huntington Beach Page 1 of 2 Printed on 1/15/2020 poweredeol/LegistarTM File #: 19-1291 MEETING DATE: 1/21/2020 Not applicable Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): None. City of Huntington Beach Page 2 of 2 Printed on 1/15/2020 poweredr*LegistarTM City of Huntington Beach r, File #: 18-451 MEETING DATE: 11/5/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subject: Approve and authorize execution of Professional Services Contracts for On -Call Construction Management and Engineering Services with Wallace and Associates Consulting, Inc., Dudek, and Vali Cooper and Associates, Inc., each in the amount of $1,500,000 Statement of Issue: The Public Works Department requires on call construction management, inspection, and other engineering services to support staff for the construction of capital improvement projects, which are identified in the annual capital improvement program. Financial Impact: The City's adopted FY 2018/19 Capital Improvement Programs (CIP) Budget totals $24.7 million for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management, and other required costs. The three (3) recommended construction management and engineering service contracts have a maximum value of $4,500,000 over the next three years and will be funded on an as -needed basis within each project's individual CIP budget. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional Services Contract between the City of Huntington Beach and Wallace and Associates Consulting, Inc. for On Call Construction Management-nd-Ea.a.in.ear-iiio--Services.:-and.,tsee--W/a"rA&.�(9 B) Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional SerVis� Contract between the City of Huntington Beach and Dudek for On Call Construction Managemen and Engineering Services; and, *C) Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional Services Contract between the City of Huntington Beach and Vali Cooper and Associates, Inc. for On Call Construction Management and Engineering Services.,Wkf � Z"CA.�.,- (¢,J Alternative Action(s): City of Huntington Beach Page 1 of 3 93 Printed on 10/31/2018 powered by LegistarTI File #: 18-451 MEETING DATE: 11/5/2018 Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects could be delayed until new contracts are approved. Analysis: On November 28, 2017, the City advertised a Request for Qualifications ("RFQ") for On -Call Engineering and Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Nineteen (19) proposals were received for construction management and engineering services. In accordance with qualifications based selected procurement per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Proposals were evaluated and ranked by a three (3)-member panel review team established by the Public Works Department. The reviewers were a Senior Civil Engineer, and two (2) Public Works Contract Administrators. After conducting the entire evaluation process, including negotiation for competitive rates, the top four (4) firms were selected to increase the opportunity for competitive proposals for future projects from qualified on call consultants. They are Wallace and Associates Consulting, Inc.; Dudek; Vali Cooper and Associates, Inc.; and Arcadis, U.S., Inc. Due to the need for professional engineering services for a high profile transmission water main relocation project, on April 2, 2018, City Council approved the on call contract with Arcadis, U.S., Inc., leaving the remaining top three (3) firms to seek approval at a later date. The Summary of evaluation sheets for the top (4) firms, and the fifth (5th) firm not selected are shown in Attachment 4. The contracts recommended in this Request for Council Action (RCA) are to support construction management and engineering services for various capital improvement projects. These services have historically been utilized to supplement City staff to meet annual CIP goals, as an extension of staff and/or to provide required expertise for unique projects. It is anticipated that these services will be required based on past years. Each project is evaluated on a case -by -case basis to determine if these as -needed contracts are necessary. The City's Capital Improvement Program ("CIP") Fiscal Year 2018/19 CIP totals $24.7 million in new projects. Typical design and construction support costs from use of consultants on a CIP project can vary between ten (10) to twenty (20) percent of total costs for a CIP project. Therefore, it is practical to conservatively estimate minimum annual consultant costs would be approximately $2.4 million to the City for total CIP projects or $6 million within the next three (3) years. Construction management and engineering services are typically required for all CIP projects, such as street improvements, traffic signal improvements, water improvements, sewer improvements, and other City infrastructure improvements. Therefore, these consultants were selected to meet projected workload over the next three years with a total contract limit of $4,500,000. This agenda item does not require Public Works Commission Action. City of Huntington Beach Page 2 of 3 Printed on 10/31/2018 94 powered by Legistar- File #: 18-451 MEETING DATE: 11/5/2018 Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Wallace and Associates Consulting, Inc. for On Call Construction Management and Engineering Services 2. Professional Services Contract between the City of Huntington Beach and Dudek for On Call Construction Management and Engineering Services 3. Professional Services Contract between the City of Huntington Beach and Vali Cooper and Associates, Inc. for On Call Construction Management and Engineering Services 4. Professional Service Award Analysis for Wallace and Associates Consulting, Inc., Dudek, Vali Cooper and Associates, Inc., Arcadis, U.S., Inc., and Vendor #5 City of Huntington Beach Page 3 of 3 95 Printed on 10/31/2018 powered by Legistar" PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DUDEK FOR ON CALL CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,"and Dudek, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on call construction management and engineering services ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Dave Carter who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/ surfnet/professional svcs mayor I of 11 10/12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on--flb!/,Bft&-r u , 20 /9 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million and Five Hundred Thousand Dollars ($1,500,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfneUprofessional svcs mayor 2 of 1 1 10/12 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars agree/ surfnet/professional Svcs mayor 3 of 11 10/12 ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/ surfnet/professional Svcs mayor 4 of I I 10/12 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/ surfnet/professional Svcs mayor 5 of 11 10/12 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/ surfneUprofessional sves mayor 6 of 11 10/12 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Joseph Dale 2000 Main Street Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval TO CONSULTANT: Dudek ATTN: Dave Carter 605 Third Street Encinitas, CA 92024 (760) 942-5147 is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/ surfncUprofessional sves mayor 7 of 11 10/12 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/ surfnet/professional Svcs mayor 8 of 11 10/12 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfneUprofessional svcs mayor 9 Of 11 10/12 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfiiet/professional Svcs mayor 10 of 11 10/12 CONSULTANT, Dudek COMPANY NAME A Californ}a Corporation Dudek V print name Chairman / CEO ITS: (circle one) Chairman/PresidentfVice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California! r _ _ %)A M r-------------- ' City Clerk Iz/fig INITIATED AND AP ROVED: irector of Public orks ... • i `. ► •, , _: APPROVED AS Attorney &A,_/ agree/ surfnct/professional svcs mayor 11 of 11 10/12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an 'as -needed' basis for projects to be determined during the term of the agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications for On Call Construction Management and Engineering Services. Upon award, and the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these staff to CITY for approval before commencing work. CONSULTANT shall comply with all Local Assistance Procedures Manual (LAPM), the Caltrans Construction Manual, the Federal Highway Administration requirements, and Caltrans A&E Sample Contract Language known as Exhibit 10-R, which includes, Caltrans Consultant Proposal DBE Commitment known as Exhibit 10-01 and/or 10-02, and Caltrans Disclosure of Lobbying Activities known as 10-Q (Exhibit C). C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project. 2. Furnish construction plans and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DUDEK FOR ON CALL CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.. .................................................... ............................... .............. 8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................I 1 A`COR" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 8/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REP RESENTATWE OR PRODUCER, AND THE CERTIF!CATE uri ncr_ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hall & Company A/E Insurance Services 19660 10th Ave NE CONTACT NAME: Allison Bar a Licesnse #OK93926 PHONE FAX ; 360-626-2007 A/C. /c No): 360-626-2007 ADDRESS: abarga@hallandcompany.com INSURERS AFFORDING COVERAGE NAIC 0 Poulsbo WA 98370 INSURER A: Zurich American Insurance Company 16535 INSURED 25 Dudek INSURER B : Steadfast Insurance Company 26387 605 3rd Street INSURER C : INSURERD: Encinitas CA 92024 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:2057423335 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP /Y MM/DDYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLOO14631102 8/28/2018 8/28/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAGE To PREMISESS(Ea occurrence) $ 100,000 X MED EXP (Any y one person) $ 10,000 OCP/XCUBFPD X Cross Liability PERSONAL & ADV INJURY $ 1,000,000 APPROVED AS TO FOI tM GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 S POLICY 1K JECOT- LOC BY'-- ! � PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: MICHAEL E. GATES $ A AUTOMOBILE LIABILITY BAPOt C4°?)F HUNTINGTON 018 8/28/2019 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $ A X UMBRELLA LIAB X OCCUR AUC014640702 8/28/2018 8/28/2019 EACH OCCURRENCE $1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC014633002 8128/2018 8/28/2019 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000.000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? NI N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liab Claims Made PECO14631402 8/28/2018 8/28/2019 $1,000,000 Per Claim Contractors Pollution Liab. Occur $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: As Needed Construction Management and Administrative Support The City of Huntington Beach is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella / Excess Liability and Workers Compensation / Employers Liability in favor of the Additional Insured I..CK I IYII..A I C MVLUCK UANUtLL.AI IUN The City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE '�2Z 7,Zf ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Waiver Of Subrogation (Blanket) Endorsement Policv No. Eff. Date of Pot. Exp. Date of Pot. Eff. Date of End. Producer Add'l. Prem Return Prem. GLO014631102 08/28/2018 08/28/2019 08/28/2018 N/A N/A s N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If- you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others. we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. 1J-GL-925-B Cw (12/01) Page 1 of I Coverage Extension Endorsement Policy No, Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No, AWL Prem Return Prem BAP014632902 08/28/2018 08/28/2019 1 08/28/2018 N/A N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II —Covered Autos Liability Coverage: The following.are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the fallowing: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the 'insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-C—' 424-F CW (04/14) Page 1 of 6 Includes copyrighted material of Insurance Services Office. Inc- with its permission C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section 11— Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section]] —Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss": (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CkV(04114) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc- wish its permission (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of toss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is prodded for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured": and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage prodded in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1 ) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 13.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F Clef (04114) Page- 3 of 6 Includes copyrighted material of Insurance Services Office, Inc.; with its permission K. Airbag Coverage The Exclusion in Paragraph 113.3.a. of Section III - Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 13A.a. of Section IV - Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered Math by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage - Comprehensive Coverage - Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos - Physical Damage 1. The following is added to Section I -Covered Autos: Temporary Substitute Autos - Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos - Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Lass Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW (04r14) Page 4 of B Includes copyrighted material of Insurance Services Office. Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit'; (2) The "insured's" name and address; and (3) To the extent passible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The fallowing is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "lass" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the fallowing are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto -- World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at anytime. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW (04/14) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section 11 — Covered Auto Liability Coverage is replaced by the tollowing: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property- V. Physical Damage —Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. Ail other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F C V(04f14) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission Additional Insured — Automatic — Owners, Lessees Or Z I Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GL0014631102 1 08/28/2018 08/28/2019 08/28/2018 64955000 ----- ------ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office. Inc.. with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: 1 he additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number. WC014633002 k;VORKFRS'COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY ,VC 04 03 M (Ed, 4-84) V-P '. - tp WEROW'OUR R'GHT TO RECOVER AFROM OTHEERS ENDORSEMENT- CALIFORNIA We have the right to recover our payrnents from anyqne liable for an injury cover ed by tnis policy. We will n_nt enforce our right against the person or organzaton named in the schedWe_ (T his argreement applie,,s only to they extent that you perform, work under -3 written contract that, requires you to obtain this agreernent, Vlorll US.) You must maip.ta�rl payroll records accurately ceg-Exjating the re�nlvneration of your employees while engaged in, ta yvorX desuibed 'n fhe Schedule, addi' mi, hor4l pre-miurnfor this endorse. �,nlshalibe 0 n?iurn rctierwise&e Of'a such remuneration, gs� Person or Organization R ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION VV G 2 z.--2 4 WC 11'�14 03 0_1 ;Ed. 44�4; 9 of the California 4orkers' comoensaticn pre_ Exhibit A � 9-11 YDIF*N PREPARED BY Dudek 31878 Camino Capistrano #200 San Juan Capistrano, CA 92675 800.451.1818 www.dudek.com January 11, 2018 DUDEK 31878 CAMINO CAPISTRANO 4200 SAN JUAN CAPISTRANO. CALIFORNIA 92675 T 949 450 2525 F 949-450.2626 January 11, 2018 Mr. Jim Slobojan City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: Proposal for On -Call Construction Management Services Dear Mr. Slobojan: Dudek appreciates the professional relationship we have built with the City of Huntington Beach (City) over the past 10 plus years, and we look forward to strengthening that relationship by continuing to provide quality, practical and cost-effective construction management, inspection, and labor and funding compliance monitoring services. Over the years, we have worked as an extension of City staff to successfully complete a number of City projects and we currently have two inspectors working in the City's Inspection and Construction Management Division. Dudek's construction management team specializes in municipal projects and has a successful record of accomplishment working in the Orange and Los Angeles counties on a variety of sewer lift stations, water line facilities, parks, buildings, and roadway projects. Our construction managers, engineers, inspectors and support staff offer the right knowledge, resources and experience to match the City's project needs —from complete turnkey construction management teams for large, complex projects to the inspector for small projects. Dudek's staff includes construction managers (including Professional Engineers); Certified Construction Managers (CCMs); inspectors (including NASSCO, ICBO, ACI, Special and LEED-certified); resident engineers; on -staff schedulers proficient in Primavera and Microsoft Project; Certified Professional Estimators (CPEs); labor compliance monitors and administrative and specialty staff with excellent communication skills that are essential to successfully managing complex, multi -party projects. Our construction managers and inspectors are flexible and efficient in managing multiple projects for the City, reducing the need for multiple consultant staff. Dudek has always provided the City VVWW.DUDEK.COM 208 Mr. Jim Slobojan, City of Huntington Beach On -Call Construction Management Services requested construction managers and inspectors, and we have never pulled a "bait and switch" with any of our staffing during the course of a project. We will provide staffing that does the job efficiently keeping the City well informed. Most, if not all, of our staff have administered federally funded projects using the LAPM and FHWA requirements, and have withstood Federal and State funding source representative audits. In fact, our files typically receive a rating of "Excellent." We are also familiar with labor compliance requirements and have added a subcontractor to our team, Alliant Consulting Inc., who specializes in this field to support the City as required. Alliant has successfully performed State and Federal Labor Compliance Oversight on hundreds of projects of similar size, scope and funding source as anticipated future projects within the City of Huntington Beach, covering work all over Southern California. Our closest office to the City of Huntington Beach, and from which projects will be managed, is located in San Juan Capistrano at: 31878 Camino Capistrano #200, San Juan Capistrano, CA 92675, T: 949.450.2525, F: 949.450.2626. We have provided project descriptions of our experience that are representative of the projects the City may need assistance in managing. We have included client contact information with each project description, and we encourage the City to call our references as we are proud of the testimonies our clients provide. Authority to Bind the Firm: The individual with the authority to contractually bind the company is Dave Carter, Chief Financial Officer. Mr. Carter designates George Litzinger, PE, Project Principal, as his representative during the selection process and contract negotiations. *Dudek takes no exceptions to the City's Standard Agreement. We appreciate your consideration of our proposal. Please contact me at (619) 980.7048 if you have any questions or need additional information during the proposal selection process. Sincerely, George Mitzi ger, PE Project Principal Dave Carter Chief Financial Officer DUDEK 2 January 11, 2018 209 Table of Contents 1 Vendor Application Form........................................................................................................... iii 2 Firm Qualifications...................................................................................................................... 1 2.1 Firm Overview............................................................................................................... 1 2.3 Project Experience and References........................................................................... 3 2.4 State & Federally Funded Project Experience.......................................................... 9 3 Staffing.......................................................................................................................................11 4 Understanding and Approach.................................................................................................13 4.1 Project Overview........................................................................................................13 4.2 Approach to Resolving Key Issues............................................................................13 4.3 Federal and State Funded Project Experience........................................................14 4.4 Wage and Labor Compliance....................................................................................14 4.5 Encroachment Permit Processing............................................................................15 4.6 Allocation of Resources and Budget........................................................................15 TABLES 1 Dudek Orange/Los Angeles County Project Experience........................................................ 2 2 Dudek's On -Call Construction Management Contracts......................................................... 3 3 Dudek's State/Federally Funded Project Experience...........................................................10 4 Summary of staff and Qualifications......................................................................................12 FIGURES 1 Dudek On -Call Contracts............................................................................................................ 3 2 Organization Chart ....................................................................................................................11 APPENDICES A Resumes B Supporting Documentation D U D E K On -Call Construction Management Services 210 INTENTIONALLY LEFT BLANK DUDEK On -Call Construction Management Services 211 1 Vendor Application/Prequalification Forms REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW n CURRENT VENDOR Legal Contractual Name of Corporation: Contact Person for Agreement: Dave Carter Corporate Mailing Address: 605 Third Street City, state and zip code: Encinitas, CA 92024 E-Mail Address: dcarter@dudek.com Phone: 760.942.5147 Dudek Fax: 760.632.0164 Contact Person for Proposals: George Litzinger, PE Title: Construction Management Division Manager E-Mail Address: 9litzinger@dudek.com Business Telephone: 619.980, 7048 Business Fax: 760.744.4570 Is ,your business: (check one) ❑ NONPROFIT CORPORATION ❑• FOR PROFIT CORPORATION Is your business: (check one) 0 CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION I of DUDEK On -Call Construction Management Services 212 VENDOR APPLICATION/PREQUALIFICATION FORMS Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Frank Dudek CEO 760.479.4227 Joe Monaco President 760.479.4296 Peter Quinlan VP Hydrogeology 760.479.4127 Bob Ohlund VP Engineering 760.479.4120 Dave Carter CFO/Treasurer 760.479.4277 Emily Hart Secretary 760.479.4232 Federal Tax Identification Number: 95-3873865 City of Huntington Beach Business License Number: A262143 (If none. ,you must obtain a Huntington Beach Business License upon aw and ol'cou Traci. ) City of Huntington Beach Business License Expiration Date: 3/31 /2018 DUDEK On -Call Construction Management Services iv 213 VENDOR APPLICATION/PREQUALIFICATION FORMS EXHIBIT A: PRE -QUALIFICATION FORM ON -CALL CONSTRt CTION MANAGEMENT SERVICES SERVICE CATEGORY PROPOSING`? Y/N (circle) A. Construction Management l G1 (Initial) Consultant is willing to execute the sample Agreement as drafted. including any other pott tially more restrictive terms and conditions as outlined in Caltrans' LAPM, Exhibit 10-R (See Appendix B). Consultant is aware the actual Agreement "MAY" differ due to Caltrans requirement. C.71 (Initial) Consultant is able to provide the insurance as required, including any other Potential) more restrictive terms and conditions as outlined in Caltrans' LAPM Exhibit 10-R (See Appendix B&C). Firm Name: Dudek Firm Address: 605 Third Street, Encinitas, CA 92024 Signature:. _ _ _ Date: January 10, 2015 DUrvDEK On -Call Construction Management Services PAE1 2 Firm Qualifications 2.1 Firm Overview Dudek is an employee -owned, privately held California Corporation founded in 1980. For 35 years, California municipal agency/public-sector clients have relied on Dudek to deliver practical, workable, and cost-effective solutions for infrastructure and construction management projects. Dudek's Construction Management Division specializes in public infrastructure and building projects, and private - owner development projects. We employ construction managers, inspectors (including special inspectors), resident engineers, administrative personnel, and specialty staff who blend technical knowledge with a commitment to meeting client needs. Mr. George Litzinger, P.E., started the Construction Management Division in 1985. Since then, our team has managed complex projects throughout Southern California involving multiple stakeholders such as regulatory agencies, contractors, consulting firms, and municipal agencies. Dudek Snapshot • California Corporation, founded 1980 • 400+ employees in 11 California offices Employee -owned, financially stable More than 25 current As -Needed Construction Management and Inspection Services contracts throughout Southern California • Headquartered in Encinitas with a local office in San Juan Capistrano Staff Availability and Continuity Dudek offers the City a team with accessible, committed staff who are ready to begin work immediately. Internally, Dudek focuses on hiring and retaining the most qualified construction management and inspection staff. We take care of our professionals. As a result, we have low staff turnover and career longevity. We can deliver a team that will stay dedicated to project assignments and committed to responding to project needs or changes promptly. Diverse Capabilities Dudek's mid -sized structure means we are small enough to provide customized services to meet the needs of the community, while still having the depth of experience available, as needed. A simple phone call or e-mail to other Dudek staff members can provide our project managers a broader perspective from a diverse group of seasoned professionals. This is an added benefit to each project we undertake, without adding any cost. DUDEK On -Call Construction Management Services 1 215 FIRM QUALIFICATIONS Our In -House Team Includes: • Construction Managers —Certified CCMs • California Licensed Professional Civil Engineers— P.E.s • NASSCO-Certified Inspectors • ICBO/ACI Certified Inspectors • Schedulers— Experts in Primavera and Microsoft Project • Cost Estimators —Certified Professional Estimators (CPE) • Caltrans Inspectors — with LAPM Experience Local Presence and Experience Dudek has offices in San Marcos, Pasadena and San Juan Capistrano from which projects will be managed. Dudek has extensive experience providing construction management and inspection services throughout Orange and Los Angeles counties and the surrounding areas. We have provided as -needed and project - based services to the cities of Huntington Beach, Cypress, Irvine, Lake Forest, San Clemente, Rancho Santa Margarita, San Juan Capistrano and Anaheim. Consequently, Dudek has an excellent rapport with the County's and affected cities' departments, as well as the utility companies that service the area, which will be an asset on the City's upcoming projects. Through our work in the area, Dudek has worked with many of the local contractors that will be bidding on the construction of the City's various projects. The expertise of our construction management team and knowledge of the construction process and procedures gives our team a thorough knowledge of the construction climate in the area and ability to successfully serve the City. The following is a partial list of Dudek's local Orange and Los Angeles county project experience in the last seven (7) years. TABLE 1. DUDEK ORANGEILOS ANGELES COUNTY PROJECT EXPERIENCE Agency City of Huntington Beach Projects Various projects through our current As -Needed Contract ✓ City of Anaheim Recycled Water Plant, Pipeline and Pump Station City of Lake Forest ADA Ramp Phases 5-9 ✓ City of Lake Forest FoothilVBake Slurry Resurfacing ✓ City of Lake Forest Saddleback Road Modifications City of San Clemente 10 miles of Recycled Water Pipelines ✓ City of San Clemente 48" RCP/Pipe Storm Drain Project City of San Clemente Beach Stair & Bridge Pier Modifications City of San Clemente Ole Hanson Historic Building Renovation City of Irvine Scheduling Assistance City of San Juan Capistrano Sewer Lining -CIPP-NASSCO ✓ City of Culver City Sewer Lining-CIPP-NASSCO Sewer Main Lining Phases I, Il, III City of Rancho Santa Margarita Various projects through as -needed contract City of Culver City Sewer Main Lining Phase IV DUDEK On -Call Construction Management Services 2 216 FIRM QUALIFICATIONS 2.3 Project Experience and References On -Call Contract Management Expertise With over 80 successful on -call municipal contracts to date (see Figure 1), Dudek has built a reputation for providing supplementary construction management, inspection, federal funding expertise, scheduling, cost estimating, environmental, planning, regulatory, engineering, and operations services offering public agencies a cost-effective way to accomplish short- and long-term goals. With our skilled staff, we expand your ability to tackle more projects, and expedite complex project processing by leveraging our long- standing relationships with regulatory agencies. FIGURE 1. DUDEK ON -CALL CONTRACTS ON Dudek has the resources and staff to meet the needs and requirements of the City's projects. The key to providing as -needed services is to be flexible and responsive to the needs of the projects, especially in construction. Construction is very unpredictable and contractor's schedules can change daily. Dudek is accustomed to responding to the changing schedules and being proactive to minimize underutilized staff working on a daily basis with the contractor. TABLE 2. DUDEK'S ON -CALL CONSTRUCTION MANAGEMENT CONTRACTS City of Del Mar City of San Marcos City of Hemet City of Riverside Parks & Rec. Dept. City of Desert Hot Springs City of Fontana City of Menifee City of Culver City City/County/Port of San Diego City of Whittier San Diego County Water Authority City of Anaheim SANDAG City of Huntington Beach City of Rialto City of Moreno Valley City of San Clemente City of Irvine City of Lake Forest City of Thousand Oaks City of National City City of Cypress City of Pomona City of Stanton DUDEK On -Call Construction Management Services 3 217 FIRM QUALIFICATIONS City of Huntington Beach, As -Needed CM and Inspection Services Client: City of Huntington Beach Client Reference: Andy Ferrigno, 714.536.5291, afemgno@surfcity-hb.org/Joe Dale, 714.536.5915 Project Dates: 2008 - Ongoing Key Staff: George Litzinger, Eric Honour, John Przybyszewski, Al Olea, Jason Linsdau Since 2008, Dudek has been providing construction management and inspection services on several of the City's water and wastewater projects. We recently provided two in- — -�' -1w— AP house inspectors who provided inspection on a wide variety of projects. Dudek's services were typically a full turnkey CM team ,- — construction manager, inspector, and special inspectors — providing typical services such as administration, daily and special inspections, manage schedules, change orders, document control, progress payments, submittal review, RFI review, cost estimates, as -built drawings and 0&M manuals, start-up and project closeout, and warranty period support. A list of recent construction management and inspection of projects for the City include: Project WAGS Warner Avenue Gravity Sewer Project Year 2014 FederallState Funding Trinidad Pump Station Rehabilitation Project 2015 Water Well #5 Security Improvement Project 2015 Zone 8 Residential Overlay Project 2015 Tree Petition 2015 Gothard/Center FDR Street Rehabilitation 2016 Sewer Slip Lining 2016 Main St. Talbert, Heil Street Paving Rehabilitation 2016 Zone 12 Residential Overlay Project 2016 Brookhurst Frontage Road Rehabilitation Tree Petition 2016 Nichols FDR Street Rehabilitation 2016 Magnolia Bridge Preventive Maintenance Project 2017 ✓ Brookhurst Bridge Preventive Maintenance Project 2017 ✓ Atlanta/Adams Street Paving Rehabilitation 2017 Worthy Park Reconfiguration Project 2017 Warner 1 Edinger Street Paving Rehabilitation 2017 Edinger Widening 2017 Atlanta/Indianapolis Street Paving Rehabilitation 2017 Zone #10 Residential Overlay Project 2017 Operetta Dr. Rehabilitation Tree Petition 2017 Heil & Main St FDR Street Rehabilitation 2017 DUDEK On -Call Construction Management Services 4 218 FIRM QUALIFICATIONS City of Lake Forest, As -Needed CM and Inspection Services Client: City of Lake Forest Client Reference: Doug Erdman, P.E., Principal Civil Engineer, 949.282.5233 Project Dates: January 2012-Ongoing Key Staff: George Litzinger, Eric Honour, Garrett White, John Przybyszewski Since 2012, Dudek has been providing construction management and inspection services on several road and traffic signal improvement projects. Over the last two (2) years, we have provided the City with construction managers and inspectors on five (5) different capital improvement program (CIP) projects. Recent construction management and inspection projects for the City of Lake forest include: Lake Forest Bake Parkway Resurfacing Project 2014: 2" grind and asphalt overlay of approximately 137,000 SF on an active arterial roadway. Removal and replacement of existing curb and pedestrian ramps was also included. Contract Value: $386,997. Lake Forest Foothill Ranch Slurry Seal Project 2014: 520,000 SF of asphalt pavement slurry seal and repair of various existing concrete curb and sidewalk within residential neighborhoods. Contract Value: $983,487. Lake Forest ADA Ramps Project 2013: 52 individual ADA compliant pedestrian ramps within various residential neighborhoods throughout the city. Processing of the required Community Development Block Grant, (CDBG), and compliance documents was also included. Contract Value: $117,752.00 Lake Forest Resurfacing Project 2013: T 2" grind and asphalt overlay of approximately 267,000 SF on two separate active arterial roadways. Contract Value: $817,550. Lake Forest Portolla Hills Slurry Seal Project 2013: 475,000 SF of asphalt pavement slurry seal and repair of various existing concrete curb and sidewalk within residential neighborhoods. Contract Value: $745,421. *All projects Federal or State Funded DUDEK On -Call Construction Management Services 5 219 FIRM QUALIFICATIONS Recycled Water System Expansion Project Client: City of San Clemente Client Reference: Amir Ilkhanipour,-949.361.6130, ilkhanipour@san-clemente.org Project Dates: January 2013-May 2014 Key Staff: George Litzinger, Marius Jaskula, Chad Costello, Garrett White, John Przybyszewski The City of San Clemente expanded its recycled water system by constructing multiple projects in three concurrent phases — Water Reclamation Plant Expansion and Pump Station (Projectl), Cordillera and Recycled Water Reservoirs and Pipeline Schedule III & IV (Project 2), and Pipeline Schedule I & II (Project 3). Dudek provided construction management and inspection services for projects 2 & 3 and also coordinated with the treatment plant construction. Projects 2 & 3 included over 10 miles of recycled water transmission mains (6-inch to 20-inch PVC and ductile iron), an existing reservoir conversion and a new small reservoir. These projects were funded from several Federal and State grants and an SRF loan. The project was bid as three separate construction contracts and Dudek managed two separate contractors. Dudek also provided corrosion protection engineering services and inspection on Project 1 (the City provided construction management on this project). Dudek coordinated with all stakeholders involved on the projects, including several City Departments and its consultants for required special inspection, geotechnical engineering, environmental, engineering, traffic control plans, County Department of Health, and all utility companies. Included with the project was the installation of over 3,000' of 16" HDPE pipe that was pulled through an existing steel casing. The new HDPE pipe was a replacement sewer force main pipe that ran from an existing pump station to an existing manhole. Project Features 0 CWSRF Loan Funding • Proposition 50 Grant Funding • EPA Grant Funding • 10,000 LF of open trench construction in City streets • Extensive public relations effort with businesses and residents • Coordination of numerous tie-in DUDEK On -Call Construction Management Services 6 223 FIRM QUALIFICATIONS Water Recycling Demonstration Project Client: City of Anaheim Client Reference: Bill Moorhead, 714.765.4165, bmoorhead@anaheim.net Project Dates: November 2010-January 2014 Key Staff: George Litzinger, Manus Jaskula, Jason Linsdau, Garrett White Dudek recently provided construction management and inspection services for the Water Recycling Demonstration Project, which serves as a demonstration project show casing the viability of recycled water and the value of conserving limited potable water supplies. The project consists of a 100,000 gallon per day (gpd) capacity water reclamation facility (WRF) at the north side of the City Hall. The project was designed and constructed in phases to reduce the initial cost. The first phase of the project consisted of a 50,000 gpd water recycling facility that could be expanded to 100,000 gpd in the future. Jimmy Durante and Via De La Valle Street and Pipeline Project Client: City of Del Mar Client Reference: Joe Bride, Deputy Public Works Dir., 858-755-3294, jbdde@delmar.ca.us Project Dates: February 2015 to June 2015 Key Staff: George Litzinger, Jason Linsdau, Garrett White, Paul Buckley Dudek provided construction management, inspection, and special inspection on this project. As part of a multi -year project, street, sidewalk, waterline, sewer and drainage improvements along a southeast portion in the City of Del Mar, this multi -phase project included the construction of about 5,000 feet of new curbs and gutters, 32,000 square feet of sidewalks, five retaining walls, 5,000 feet of water and recycled water line replacement, 30 water service reconnections, 1,000 LF of sanitary sewer line replacement and 500,000 square feet of pavement rehabilitation with extensive traffic control and public outreach effort. This project was funded by a Transnet Funds administered through SANDAG. Dudek was responsible for administering the funding during the project and enforcing work force and prevailing wage requirements in accordance with prevailing wage requirements. DUDEK On -Call Construction Management Services 7 221 FIRM QUALIFICATIONS City of San Marcos, As -Needed CM and Inspection Services Client: City of San Marcos Client Reference: Jim Chafe, Deputy PW Inspector, 760.594.4710, jchafe@san-marcos.net Project Dates: January 2009-Ongoing Key Staff: George Litzinger, Marius Jaskula, Jason Linsdau, Garrett White Since 2009, Dudek has been providing CM and inspection services on several road, drainage, and park projects. Over the last 8 years, we have provided construction managers, inspectors, special inspectors on over 30 different CIP projects. Dudek provides qualified construction managers or inspectors to meet each of their requests depending on the type/level of staffing required, typically on short notice. The City's staffing needs vary from needing only a single inspector or construction manager to a full turnkey construction management team. The services provided to date have included construction management and administration, daily and special inspections, schedule management, change orders, document control, progress payments, submittal review, RFI review, cost estimates, as -built drawings and operations and maintenance manuals, start up and project closeout, and warranty period support. Dudek provided a construction manager for the following projects (construction value): • Barham Drive Widening and Overlay ($4.5 million), Barham Drive Wall ($500,000), • Buelow Park and Autumn Drive Improvements ($2 million) • Connors Park ($2 million) • Coronado Hills Emergency Drainage Repairs ($75,000) • Realignment of Mission Street and Pacific Street ($250,000) • 2008 Highway Safety Improvement Projects ($450,000) • Reconstr. of Mission Rd. at Knoll Rd. ($300,000), Reconstr. of Mission & Pacific St. ($250,000) • 2012 through 2017 City Wide Surface Seal Projects — Slurry Seal of approximately 4M SF per year of residential and arterial streets ($5 million) • Rancho Santa Fe Rd. Rehab ($3 M) Full depth pavement rehab for 2 miles of arterial street Dudek provided an inspector for the following projects: • Creekside Marketplace Building Addition ($2 Million) • Discovery Street Median Improvements ($100,000) • Various development and utility projects ($60 million) • Descanso Street Box Culvert ($750,000) • San Marcos Boulevard Sewer Extension ($400,000) • Rancho Santa Fe Road Fiber Optic Interconnect ($250,000) • Inland Rail Trail Project ($2,700,000) • Slurry Seal of Grand Avenue and San Marcos Boulevard ($40,000). • Sidewalk Repair and Replacement Project, San Elijo Town Center ($100,000) • Bradley Park Field Re -Grading Project ($600,000) • 2012 through 2017 City Wide Surface Seal Projects— Slurry Seal of approximately 4M SF per year of residential and arterial streets. ($5 million) DUDEK On -Call Construction Management Services 8 222 FIRM QUALIFICATIONS City of Fontana Community Senior Center Client: City of Fontana Client Reference: Candy Thomas, 909.350.6644, cthomas@fontana.org Project Dates: September 2008-February 2011 Key Staff: George Litzinger, Bill Harrison, Al Olea Dudek provided CM and inspection services for the City of Fontana's 42,320-square-foot senior community center, which is located on a two -acre site. Project responsibilities included preconstruction project management, construction management, quality control inspection, testing coordination, document control, and change order management. The center houses a fitness and exercise room, digital theater, multiple arts and crafts rooms, billiards room, computer center, library and gallery, card parlor, and counseling and screening exam rooms, as well as staff administration offices, a commercial kitchen, a cafe, a multipurpose room, and an outdoor patio. Winner of the CMAA Southern California Chapter 2011 Project Achievement Award for New Construction Buildings Under $10 million 2.4 State & Federally Funded Project Experience With state and/or federally funded projects, all documentation must be in order so that the City gets timely reimbursement. The Dudek team has a strong federal and state -funded project track record regarding audits and has successfully passed every one. The City can rest assured that Dudek will be in compliance with Caltrans and that the City will get their money. The key to success is to develop a clear understanding of project issues that will be encountered during construction. Dudek's approach is to make certain that our understanding of project issues and the methods we implement to manage the project are consistent and mutual to that of the City and per the Caltrans Local Assistance Procedures Manual (LAPM). Our goal will be to develop and propose solutions to issues, implement a management plan that addresses the scope of work, and provides a "hands-on" team of construction professionals that will be maintained throughout the project. Dudek personnel all have Caltrans experience, have worked with the Caltrans LAPM and are accustomed to coordination with their staff. Dudek has completed numerous federal and/or state -funded projects. We have coordinated with Caltrans on many projects and have continuously received praises for our project files and compliance with the Caltrans LAPM. Table 2 highlights our relevant recent experience. DUDEK On -Call Construction Management Services 9 223 FIPhA QUALIFICATIONS TABLE 3. DUDEWS STATE/FEDERALLY FUNDED PROJECT EXPERIENCE Dogwood/Interstate 8 Freeway Ramp Widening and Signalization Project City of El Centro ✓ Dogwood Avenue Improvements Project State Street to Interstate 8 City of El Centro ✓ *"Rancho Santa Fe Road Improvement Project City of Carlsbad ✓ Jimmy Durante Blvd Street Project City of Del Mar ✓ Lake Forest Slurry Seal / ADA Work City of Lake Forest Wastewater Treatment Plant Expansion Goleta Sanitary District ✓ Newport Road Widening and Enhancement Project City of Menifee ✓ Recycled Water System Expansion Project City of San Clemente ✓ Towncenter/Portico Industrial Development City of Calexico ✓ Intersection Improvements Van De Graaff Ave. & Cole Blvd. City of Calexico ✓ Connors Park City of San Marcos ✓ Sewer, Water, Arterial Paving Project City of Del Mar ✓ 2015 City Wide Slurry Seal Project City of San Marcos ✓ Reconstruction of Mission Road at Knoll Road City of San Marcos ✓ Buelow Park and Autumn Drive Improvements City of San Marcos ✓ Traffic Signal Modifications at Mission Road and Pacific Street City of San Marcos ✓ *Dudek has no failed audits or denied reimbursements in the past 10 years. *"Received "Excellent' rating for our files — see Appendix B for commendation letter. Federal and State Funding Agency Contacts: Martin Taylor CWSRF— Performed Site Visits and Project Files Audits Projects: City of San Clemente Recycled Water System Expansion Project and Goleta Sanitary District WWTP Expansion Contact: mtaylor@waterboards.ca.gov, P: 916.341.5416 Bill Wilder, Construction Monitor Caltrans District 11 Local Assistance Projects: City of Carlsbad Rancho Santa Fe Road Project, City of El Centro Dogwood Avenue Project and City of Calexico Towncenter Project Contact: bill.wilder@dot.ca.gov, P: 858-616-6527 Anna M. Alonso, PE - Senior Construction Oversight Engineer Caltrans District 11 & 12 Local Assistance Projects: City of Huntington Beach Warner & Edinger paving rehab project and Atlanta & Adams street paving and rehab project Contact: anna.alonso@dot.ca.gov, P: 657-328-6170 DUDEK On -Call Construction Management Services 10 224 3 Staffing To staff as -needed contracts appropriately, Dudek selects staff members who will be the most responsive, applicable, and efficient to meet client needs. George Litzinger, PE, is the management contact for the City and will serve as project manager and principal -in -charge for the City's projects. For this contract, Mr. Litzinger has assigned Southern California team members who are conveniently located, skilled to match the variety of City needs, and committed for the duration of the contract. We have added Alliant Consulting Inc., a DBE/WBE/SBE certified company, to our team to provide labor compliance oversight services. Over the past 15 years, Alliant has provided these services on more than $1 billion of combined construction projects for municipal agencies throughout Southern California. They are current with new regulation changes implemented by State and Federal Agencies to monitor and enforce labor compliance with contractors accordingly. This includes all of the State and Federal Davis -Bacon prevailing wage requirements, which will be enforced on the proposed projects within the City of Huntington Beach. Figure 2, Organizational Chart presents our proposed team for this contract. Resumes outlining individual experience and certifications are provided in Appendix A. FIGURE 2.ORGANIZATION CHART PROJECT PRINCIPAL! MANAOEMENTCONTACT George L dmw. PE ALTERNATE PROJECT MANAGEMENT CONTACT Jason Linsdau CONSTRUCTION MANAGERS LJ R POOL Jason Lklsdau. CCM, NASSCO SP. NASSCO Specialty: Parks, Water/ Tr R.-- i Wastewater ua, PEEric Honour yszewskiSpecialty' Parks, Ba/k#ngs. leaRoadS Buckley Bill Gallegos Specialty: Roads. Water/ Wastewater Alec Anderson, PE Specialty' GwteCtlnlCal/ SCHEDULINGIESTIMATINGI ONTRAjFgUNDiNG MTRATIO Tunnels?W3Stewater VERAIGONSTRUCTABI REVIEWMALUE ENGINEERING EDERALt LUU8CManus Jaskula, PE _ IncSpecialty: Roads. Water!ErN:amour(DB/SBE) Wasfewater/Parks FIRM LEGEND Dudek CERTIFIED BUILDING INSPECTOR POOL SPECIAL INSPECTOWv..-.. COATINGS1WEWBill Rail s. DUDEK On -Call Construction Management Services 225 11 STAFFING TABLE 4. SUMMARY OF STAFF AND QUALIFICATIONS George Project Principal/ Professional Civil Engineer CA No. 47544 FHWA, Caltrans, CWSRF, Litzinger. PE Management Contact CA Contractor Engineering Class "A" License No. 731744 Prop 50, EPA, CDBG, NAD Landscape License C-27 Bank Jason Linsdau, Alternate Management CMCI Certified Construction Mgr., ID #5042 FHWA, CDBG, HUD, CCM, NASSCO Contact NASSCO Certifications: ITCP; PACP; MACP Caltrans, Transnet AGC Advanced SWPPP Training 8-Hour Course Eric Honour Construction Manager Level II OSHA Safety Training FHWA, CDBG General Contractor B License Bill Gallegos Construction Manager US Army Corps of Engineers FHWA, CWSRF, Caltrans, Vicksburg Educational and Experimental Center NAD Bank Various 80-Hour Courses (see resume) Alec Anderson, Construction Manager Professional Civil Engineer CA No. 83612 Caltrans, CWSRF PE HAZWOPER 40-Hour Marius Jaskula, Construction Manager Professional Civil Engineer CA No. C61060 Caltrans, CWSRF, Prop 50, PE, CCM CMCI Certified Construction Manager, ID #A1588 EPA U.S.A.C.E. Construction Quality Management Cert. Garrett White, Inspector ACI Concrete Field Testing Technician Grade I FHWA, Caltrans, CWSRF QSP. NASSCO ACI Concrete Repair Basics Qualified SWPPP Practitioner (QSP) #23394 OSHA 10-Hour Confined Space Safety & Training Cert. NASSCO Certifications: NASSCO certified Trainer, ITCP; PACP; MACP Chad Costello Inspector American Concrete Institute 8-hour seminar Caltrans, CWSRF, Prop 50, American Shotcrete Institute 8-hour seminar EPA Ryan Ruiz, PE, Inspector Professional Civil Engineer No. C86394 Caltrans, CWSRF QSP. NASSCO CESSWI Qualified SWPPP Practitioner (QSP) NASSCO Certifications: ITCP; PACP; MACP John Inspector South Coast Air Quality Management District Fugitive FHWA, Caltrans Przybyszewski Dust Control Certificate Al Olea Inspector Hazmat Certified CFR-49 Caltrans, CWSRF ICBO-Certified Building Inspector Paul Buckley Inspector Caltrans Bill Reeves, Special Inspector AWS Certified Welding Inspector: AWS CWI CWSRF CWI Certified ICC Structural Welding Certified ICC Structural Steel and Bolting Certified ICC Fireproofing City of San Diego Steel and Welding OSHA Certified Safety Technician - OSHA 30 hour Training, MSHA & First-Aid/CPR *All Caltrans work was completed using the LAPM DUDEK On -Call Construction Management Services 2 2,53 4 Understanding and Approach 4.1 Project overview Dudek understands the City is looking for a professional consultant to provide on -call construction management, inspection, and labor compliance services on a variety of City projects. With this proposal, Dudek presents an array of construction management services and expertise —a toolkit for the City to initiate and complete projects over the next three (3) years. Our assembled team offers a broad range of expertise under an experienced project manager. The Dudek team approach is to provide the City with construction management and inspection services that facilitate projects that are completed per code, on time, within budget, to City's standards and Federal and State Funding requirements. 4.2 Approach to Resolving Key Issues Our proposed staffing has provided construction management, resident engineering, and inspection services on all types of projects throughout Orange County. Based on our experience, there are four essential issues that must be addressed that are the foundation of all successful projects. As a firm, we train and expect our construction managers, resident engineers, wage compliance monitors and inspectors to identify and proactively address these issues throughout the project. Establish a Single Point of Contact Establish yourself as the single point of contact between the owner and the contractor. One person must be in charge of the project and responsible for overall project coordination. This has to be established from the beginning of the project in order for the construction manager to effectively administer the contract, maintain proactive communication with all stakeholders, promptly resolve issues when they arise, properly document the project, conserve the project budget and contingency, and stay firm with the contractor. All correspondence between the owner/agency/contractor must go first through the construction manager. This eliminates misunderstandings and misdirection. Maintain a Strict Adherence to the Contract Documents We have found most unnecessary disputes/claims are ultimately the result of allowing the contractor to stray from the contract requirements during the course of the project. Once this has occurred, it is nearly impossible to get strict control of the contractor back, so it is critical that the CM maintains strict adherence to the contract documents in handling all issues in dealing with the contractor. The CM and inspector must be firm and fair in all dealings with the contractor throughout the project. DUDEK On -Call Construction Management Services 13 227 UNDERSTANDING AND APPROACH Timely Response to Issues The key to avoiding controllable schedule delays are timely responses to submittals, RFIs, and other contractor inquiries. It is essential these issues are dealt with expeditiously, which requires the construction manager to pre -review all submittal/RFIs/change orders that need to be reviewed by the design engineer or owner, and regularly follow up with the reviewers to ensure these items are reviewed promptly. Coordination meetings and conference calls will be scheduled to discuss and resolve all issues as quickly as possible rather than tabling these items to be resolved at a later date. Ensure Quality Assurance Dudek believes the most important role we perform on the project will be quality assurance of the work during construction. We want to ensure there is no lingering long-term maintenance issues left for the owner due to lack of or improper inspection. Dudek will provide the proper, qualified personnel; we have an exceptional mix of construction managers, resident engineers, and inspectors with specialties in civil, mechanical, structural, and electrical disciplines on sewer lift stations, water lines, parks, and roadway rehabilitation projects. Our proposed staffing has a history of successful completion of high -quality projects in the Orange County area. They will be responsible for documenting, testing, and coordinating material testing/special inspection to ensure all work is constructed in accordance with the contract documents; if work does not meet these standards it will be rejected and reworked until it is acceptable. 4.3 Federal and State Funded Project Experience The personnel selected for this contract all have Federal and State funded project experience and are accustomed to administering projects in accordance with LAPM and FHWA requirements. As a firm Dudek has successfully completed numerous Federal and/or State funded projects as noted above with no denied reimbursements on any projects. We have successfully completed Caltrans and CWSRF audits on many projects and have continuously received praises for our project files and compliance with the LAPM. We have also administered and provided third party enforcement of projects with Community Development Block Grant (CDBG) funding and sublease payments for The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 funded projects. 4.4 Wage and Labor Compliance (Key Consultant— Alliant) We understand the importance of labor and wage compliance and will utilize the expertise of our subconsultant Alliant Consulting to ensure compliance on projects. These consequences can range from denial of reimbursements to large fines and civil actions. Wage and labor compliance will start at the pre- DUDEK On -Call Construction Management Services 14 228 UNDERSTANDING AND APPROACH construction meeting where the contractor and subcontractors will be provided with a summary of project wage and labor compliance requirements for each project. We will follow up with contractor training sessions, if needed, to be sure they understand how to properly fulfill their requirements. Certified payroll submissions will be reviewed to verify correct prevailing wage rates are paid and we will perform full audit reviews to ensure proper licensing and classification, and payment of overtime and holiday pay. Fringe benefits, trust payments, and training fund contributions for hours worked on site and to confirm payments were made accordingly will be reviewed. Apprenticeship certificate of registration, both State and Federal, will be reviewed to be sure the apprentices have been properly registered. The apprentice to journeymen ratios per classification or trade for the labor performed on site, as well as reviewing that the work performed is within the scope of work for which they are registered. Should the contractor be out of compliance, the contractor and City will be notified immediately in writing and we will follow through the wage and penalty collection phase until the issue is fully resolved. 4.5 Encroachment Permit Processing Our inspectors have extensive encroachment permit inspection experience and are currently acting as City inspectors for a variety of utility projects. We also have extensive experience with the City of Huntington Beach, City of San Marcos, and City of Lake Forest on many types of public and private utilities and development projects. Our inspectors have reviewed, issued, tracked, and inspected hundreds of encroachment permit projects and through this experience, we have gained the requisite knowledge to propose methods to better track permits, as it can become onerous at times. 4.6 Allocation of Resources and Budget The Dudek team is composed of a wide range of experienced, local talent with depth to meet any of the City's needs. George Litzinger, PE a firm principal who leads Dudek's construction management practice, will be assigned as the City's main contact. Mr. Litzinger will be supported by the Dudek team of construction managers, inspectors, special inspectors, and wage compliance monitors. Mr. Litzinger will assign personnel with directly relevant experience and training related to each task order. Prior to initiating contract management services in support of each task order request, Mr. Litzinger and his team will develop a project procedures plan based on five elements per the City's requirements: Team, Budget, Schedule, Lines of communication, QA/QC control. Each element will be part of the management approach and will be used for allocation of staff resources, establishment of budget and schedule milestones, and assessment of progress during the course of work. DU D E K On -Call Construction Management Services 15 229 APPENDIX A Resumes 230 George Litzinger, PE Project Principal/Management Contact George Litzinger has more than 30 years' experience, leadership, EDUCATION and supervision in engineering and construction. As project director, United States International University, San he supervises the Construction Management Division and is Diego, BS Civil Engineering responsible for all of Dudek's construction projects and programs CERTIFICATIONS ranging between $50 million and $100 million. In managing Professional Civil Engineer CA No. 47544 construction projects, his duties typically include: contract California Contractor Engineering Class "A" administration, cost control, scheduling, contract bidding/award, License No. 731744 constructability reviews, field engineering, project coordination, Landscape License C-27 claims management, and estimating. Mr. Litzinger has managed a variety of projects for both the private and public sectors, including water treatment plants, reservoirs, pipelines, golf courses, small dams, subdivisions, streets and roads, drainage projects, treatment plants and fire stations. Sample Relevant Projects: As Needed • Principal/Contract Manager for over 25 As -Needed CM & Inspection Services contracts throughout Southern California Public Infrastructure Facilities • Towncenter/Portico Industrial Development, City of Calexico • Ramona Municipal Water District Construction Management Services — Mr. Litzinger provided CM services for over $30 million worth of RMWD Capital Improvement Projects • Olivenhain Pipelines Phase H ($25 Million) • Laguna Beach County Water District Construction Management Services — Mr. Litzinger managed the construction of approximately $6 million in construction projects • Poway and Olive Street Pump Stations, County of San Diego Transportation • Rancho Santa Fe Road Widening, City of Carlsbad, California. • Street Rehabilitation Projects, City of Coachella, California. • Dogwood/Interstate 8 Freeway Ramp Widening and Signalization Project, City of El Centro. • Newport Road Widening and Enhancement Project, City of Menifee. Parks/Golf Courses • Alga Norte Community Park, Carlsbad, California. • Poway Swim Center and Community Park, City of Poway, California. • The Crossings at Carlsbad Municipal Golf Course, Carlsbad California. Public Buildings • Carlsbad Safety Training Center, City of Carlsbad • Fontana Senior Community Center, City of Fontana • Police Facility Headquarters Improvement, City of Fontana • Headquarters Improvements, Orange County Fire Authority, California. 231 Jason Linsdau, CCM, NASSCO Construction Manager/Alternate Management Contact Jason Linsdau has more than 13 years' supervision and leadership experience in engineering and construction. As a construction manager/resident engineer, he manages construction projects ranging between $1.5 million and $25 million. His responsibilities include project management, contract administration, cost control, scheduling, constructability reviews, field engineering, project coordination, claims management, and estimating. Mr. Linsdau has worked on a variety of projects for public agencies and municipalities, including parks, fire stations, administration buildings, reservoirs, pipelines, pump stations, treatment plants, golf courses, dams, roads, and drainage projects. Sample Relevant Projects: As -Needed • City of San Marcos As -Needed Project Manager, California • City of Huntington Beach As -Needed Project Manager, California EDUCATION San Diego State University Civil Engineering CERTIFICATIONS AGC Advanced SWPPP Training 8-Hour Course CMCI Certified Construction Manager NASSCO Certifications: Cured -in -Place Pipe (ITCP) Inspection Certification Program Pipeline Assessment Certification Program (PACP) Transportation • 2013/2014/2015 Chip Seal and Seal Coat Projects, City of San Marcos, California. • FY 12113 Chip Seal and Seal Coat Projects, City of San Marcos, California. • Sewer, Water, and Arterial Paving Project, City of Del Mar, California • Jimmy Durante Boulvard Sidewalk Project, City of Del Mar, California • 2015 City of Del Mar City Wide Pavement Rehabilitation Project, City of Del Mar, California • Barham Drive Improvement and Barham Drive Wall Replacement Projects, City of San Marcos Rancho Santa Fe Road Widening Phases 1 and 2, City of Carlsbad Parks/Golf Courses • Connors Park, City of San Marcos, California. • Municipal Golf Course, Club House, and Maintenance Facility, City of Carlsbad • Alga Norte Park Community Park, City of Carlsbad Public Buildings • Fire Station No. 6, City of Carlsbad • Creekside Marketplace Building Addition, City of San Marcos • Avenue 54 Wastewater Treatment Plant Expansion, City of Coachella Public Infrastructure Facilities • Water Recycling Demonstration Project, City of Anaheim, California. • Yorktown 30" Transmission Main Corrosion Rehabilitation, City of Huntington Beach, California. • Lift Station 26 and Force Main Replacement, City of Huntington Beach, California. • Sewer Main Lining Rehabilitation Project and Lining of Abandoned 10" Braddock FM, City of Culver • Home Plant Lift Station and Force Main Replacement Project, City of Carlsbad, California. • Galloway Pump Station and Force Main, County of San Diego • Olivenhain Pump Station and Olivenhain 8 Flow Control Facility, San Diego County Water Authority • Olivenhain Pipeline Phase H, San Diego County Water Authority. 232 Eric Honour Construction Manager/Scheduling/Estimating Eric Honour has more than 35 years of experience in the Southern California construction industry and has held a California general contractor license for over 20 years. He has extensive experience managing highly technical, large-scale construction projects and has completed projects with a combined value exceeding $300 million. CERTIFICATIONS Naval Facilities Engineering Command - Quality Control Manager Certification Level II OSHA Safety Training General Contractor B License Previous public works clients include the U.S. Department of Defense, the Federal Aviation Administration, the State of California -Division of the State Architect, the City and County of San Diego California, and various other government agencies. Eric is proficient in most Windows -based accounting and scheduling programs, including MS Office, MS Project, Primavera Suretrak 3.0, and P3. Eric's other qualifications include Naval Facilities Engineering Command -Quality Control Manager Certification, and Level H OSHA Safety Training. Sample Relevant Projects: As -Needed • City of Lake Forest Construction Administrator, California. Mr. Honour provided construction management and inspection on several projects for the City of Lake Forest as part of Dudek's current on -call contract. Projects to date include various road and traffic signal improvement projects. Transportation • Lake Forest Bake Parkway Resurfacing Project 2014 • Lake Forest Foothill Ranch Slurry Seal Project 2014 • Lake Forest ADA Ramps Project 2013 • Lake Forest Resurfacing Project 2013 • Lake Forest Portolla Hills Slurry Seal Project 2013 Public Infrastructure Facilities • Warner Ave. Sewer Pump Station, Gravity and Forcemain Pipeline Project, City of Huntington Beach, California Public Buildings • Poway Fire Training Tower, City of Poway • Pacific Beach Lifeguard Tower, City of San Diego • Poway Fire Station No. 3, City of Poway • El Corazon Senior Center, City of Oceanside • Mission Avenue Police Station Renovation, City of Oceanside • Oceanside Aquatic Center, City of Oceanside Parks/Golf Courses • Cardiff State Beach, South, State of California —Division of the State Architect, Cardiff • Silverstrand State Beach, State of California —Division of the State Architect, Coronado • Bradley Recreation Center, City of San Marcos • Camacho Recreation Center, City of National City. 233 William Gallegos Construction Manager William Gallegos is a highly qualified construction manager who, prior to joining Dudek in 2002, worked over 20 years for the U.S. Army Corps of Engineers. His first 2 years at the Corps were spent in the Civil and Structural Design Branch where he performed public works design for Military Base Public Works and local government civil works projects. Mr. Gallegos then transferred to the Contract Administration Branch where he prepared plans and specifications, contracts, contract change orders, and RFPs, responded to RFIs, and responded to contractors' requests for equitable adjustment, pay estimates, cost estimates, cost negotiations, and claim recommendations. I��IiL•7r��[•]: California Polytechnic State University MS Structural Engineering, 1985 California Polytechnic State University BS Civil Engineering, 1982 CERTIFICATIONS US Army Corps of Engineers Vicksburg Educational and Experimental Center Various 80-Hour Courses: As a project engineer, he was responsible for the completion of projects from the planning stage to design to final construction, assuring that all schedules were met and all funds were properly distributed and maintained. In this role, Mr. Gallegos was assigned several projects not to exceed $50 million per year and was responsible for constructing them according to plans and specifications, as well as approving contractor pay estimates, providing corrective action for all construction and design deficiencies, responding to all contractor correspondence, negotiating change orders, developing cost proposals, materials testing, managing up to 10 inspectors and one office engineer, and recommending project acceptance. Sample Relevant Projects: Transportation • Rancho Santa Fe Road Widening, City of Carlsbad • Dogwood Avenue Improvements Project State Street to Interstate 8, City of El Centro • Dogwood/Interstate-8 Freeway Ramp Widening and Signalization, City of El Centro • Inspection and Construction Management Street Rehabilitation Projects, City of Coachella • Newport Road Widening Antelope to Menifee, City of Menifee, California Public Infrastructure Facilities • Water Pipeline Extension for Medium Security Detention Facility, County of Imperial • New 18" Water Line, Goleta Water District • Wastewater Treatment Plant Upgrade Project, Goleta Sanitary District • Entertainment District Avenue 52 Sewage Pump Station, City of Coachella • Avenue 48 Reservoir and Booster Pump Station 5 MG, City of Coachella Public Buildings • Avenue 54 Wastewater Treatment Plant Expansion, City of Coachella Flood Control • Santa Ana River Project, County of Orange. Mr. Gallegos was also assigned to numerous flood control channel projects as part of this $800 million project. Military Base Construction As a construction manager on military bases worldwide, Mr. Gallegos was responsible for the construction of administration buildings, dental clinics, hospitals, officers' and enlisted men's housing, AFB runways, and fueling stations. He also was responsible for the construction of a public works infrastructure, water treatment plants, and sewage treatment plants. 234 Alec Anderson, PE Construction Manager Alec Anderson provides engineering support for a variety of geotechnical and civil projects. Mr. Anderson has four years of experience in inspection and design of heavy civil geotechnical construction. His project construction experience includes heavy rail, light rail, deep excavations, trenchless technologies, and highways. His inspection experience includes fill placement, bearing capacity verification, soldier piles and lagging; tiebacks, soil nails, and rock bolts; grouting; dewatering systems; shotcrete for soil nail walls and tunnel linings; microtunneling and horizontal directional drilling; and pressurized face tunneling. Areas of Expertise: • Geotechnical design • Soil and rock mechanics • Subsurface exploration • Ground characterization Sample Relevant Projects: EDUCATION BS, Geological Engineering Colorado School of Mines, 2009 CERTIFICATIONS Professional Civil Engineer CA No. 83612 HAZWOPER 40-Hour • Slope stability • Tunnel inspector • Retaining walls Public Infrastructure Facilities • Sewer Capital Improvement Program Construction Management Services, San Diego, California. • Moffat Tunnel & Moffat Subdivision, Boulder, Colorado. • Northcreek Interceptor Design Report, Bothell, Washington. • Ballard Siphon Construction Management, Seattle, Washington. • CSX NGI Design Services During Construction, West Virginia. • Northgate Link Extension, Seattle, Washington. 114911 Marius Jaskula, PE, CCM Construction Manager Mr. Jaskula has 20 years of experience in construction management, contract administration, and quality assurance on civil public works infrastructure projects. Projects have included sewer and water treatment plants; sewer, water and storm water pump/lift stations; reservoirs; Caltrans structures; roadway construction; large earthwork projects; and water, sewer and drainage pipeline projects with tunneling. Positions held have been the following: Construction Manager for U.S. Government (Navy), Construction Manager/ Resident Engineer for a municipality and engineering consulting firms, and QC Manager and Superintendent for a general contractor. Sample Relevant Projects: Public Infrastructure Facilities • Bradt Reservoir Floating Cover Project, South Coast Water District • Recycled Water System Expansion, City of San Clemente • Water Recycling Demonstration Project, City of Anaheim EDUCATION University of Illinois at Chicago, Illinois Bachelor of Science in Civil Engineering, 1986 CERTIFICATIONS Professional Engineer, State of California, Civil #C61060 CMCI Certified Construction Manager, ID #A1588 U.S.A.C.E. Construction Quality Management Certification • Zoe Avenue Drain & Pump Station, County of Los Angeles • Alameda Street Drain Phase 3B Pump Station and Outlet Structure, County of Los Angeles • Southern Regional Treatment Plant Expansion, Camp Pendleton • Cypress Street Reservoir and Water Treatment, Lomita • Ion Exchange Treatment Plant Project, City of Corona • Twin Oaks Reservoir Tank No. 2, Phase 3, Vallecitos Water District, San Marcos • Buena Vista Force Main Replacement -Phases 1 & 2, City of Oceanside • Home Plant Lift Station and Force Main Replacement, City of Carlsbad • Terramar Lift Station and Force Main Replacement, City of Carlsbad • Connamera Pump Station, City of San Diego • Del Dios Joint Facility Pump Station, Rancho Santa Fe • Rancho Cielo Midpoint Sewer Pump Station, City of San Diego • 4S Ranch Neighborhood 3 Wastewater Pump Station, City of San Diego • Alameda Street Drain Phase 313 Pump Station and Outlet Structure, County of Los Angeles Transportation • Coastal Rail Trail Reach 1 Improvements/Carlsbad Blvd. Roundabout, City of Carlsbad • Caltrans District 7, Structures On -Call Contract, County of Los Angeles 236 Garrett White, QSP, NASSCO Inspector Garrett White has over 24 years' experience in the rapidly changing construction industry, with an emphasis in the construction of water, wastewater, and storm drain facilities for public agencies. He has been involved with the construction of large- and small -diameter pipelines, treatment plants; pump stations for potable and non -potable distribution systems, horizontal directional drilling (HDD), with an emphasis in trenchless technologies. For the past 9 years, Mr. White has been responsible for providing field inspection services and construction management for various cities and water districts on capital improvement and developer projects. As a field engineer, he is responsible for project coordination, issuing field orders, verifying adherence to submitted schedules, quality control and assurance, project documentation, and review of as -built records. Sample Relevant Projects: As -Needed I=1Blil•lcvl1[•]: Palomar College Courses Public Works Inspection I Water Distribution I Water Treatment I CERTIFICATIONS ACI Concrete Field Testing Technician Grade I ACI Concrete Repair Basics Qualified SWPPP Practitioner (QSP) #23394 OSHA 10-Hour Confined Space Safety and Training Certification NASSCO Certifications: NASSCO certified Trainer Cured -in -Place Pipe (ITCP) Inspection Certification Program City of San Marcos Public Works Inspector. Mr. White served Pipeline Assessment Certification full time on staff for 9 months as a Public Works Inspector Program (PACP) on public and privately funded projects. Manhole Assessment and Certification City of Lake Forest Public Works Inspector. Mr. White served Program (MACP) as inspector on four (4) different capital improvements projects, including several road and traffic signal improvement projects. Transportation • Lake Forest Bake Parkway Resurfacing Project 2014 • Lake Forest Foothill Ranch Slurry Seal Project 2014 • Lake Forest ADA Ramps Project 2013 • Lake Forest Resurfacing Project 2013 • Lake Forest Portolla Hills Slurry Seal Project 2013 Public Infrastructure Facilities • Yorktown 30" Transmission Main Corrosion Rehabilitation, City of Huntington Beach • Annual Sewer Rehabilitation Program 15701, City of San Juan Capistrano • Water Recycling Demonstration Project, City of Anaheim • Riverside Community Services District Regional Waste Water Facilities Replacement Force Mains and Gravity Sewer and Regional and Juan Diaz Lift Stations • Sewer Rehabilitation Project Phase I through III, & Project P-984 Lining of Abandoned Force Main on Braddock Dr., City of Culver City • Recycled Water Expansion Projects 18201C & D, City of San Clemente • Home Plant Lift Station and Force Main Replacement, City of Carlsbad • Sewer Water and Arterial Paving (SWAP) Capitol Project, City of Del Mar Parks • Alga Norte Park, City of Carlsbad 237 Chad Costello Inspector Chad Costello has more than 17 years' of construction experience, EDUCATION the past nine of which have focused on water tank construction American Concrete Institute inspection. He began his career in working for the local pre -stressing 8-hour seminar tank contractor working only on concrete reservoir construction American Shotcrete Institute projects. Working his way up to superintendent in a very short time 8-hour seminar period, Mr. Costello left the construction side of pre -stressed tank PROFESSIONAL AFFILIATIONS construction after working on 18 pre -stressed reservoirs. He then American Shotcrete Institute began working as an quality assurance construction inspector specializing in pre -stressed concrete tank construction. With his unparalleled experience, working hands on with this unique type of construction, Mr. Costello is a great asset to any agency able to use his talents. Chad has constructed tanks ranging in size from 0.5 to 40 million gallons and has performed work throughout Southern California. He has also prepared and presented multiple jobsite pre -stressing demonstrations for private and public clients and design professionals. Sample Relevant Projects: Public Infrastructure Facilities • San Clemente Pier Structural and Plumbing Rehabilitation Project, City of San Clemente • Miscellaneous Pipelines/Storms Drain Projects, City of San Clemente • Recycled Water System Expansion, City of San Clemente, California. • Irvine Ranch Water District, Irvine, California. Mr. Costello was project Superintendent for the 3.5 MG and 2.2 MG pre -stressed concrete tanks. • City of San Juan Capistrano, San Juan Capistrano, California. Mr. Costello was project Superintendent for the 6 MG pre -stressed concrete tank. • Otay Water District, Spring Valley, California. Mr. Costello was project Superintendent for two 10 MG 640-1 & 2 Reservoirs. • Conifer Tank Replacement, Triunfo Sanitation District, Ventura • Twin Oaks Reservoir Rehabilitation, Vallecitos Water District, San Marcos • San Diego County Water Authority, San Diego, California. Mr. Costello was project Superintendent for two 7.5 MG pre -stressed concrete tanks. Public Buildings/Structures • El Portal Beach Access Stairs Project, City of San Clemente • Ole Hanson Beach Club Rehabilitation, City of San Clemente 238 Ryan Ruiz, PE, QSPI NASSCO Inspector Mr. Ruiz has experience as an inspector, office engineer and field engineer. Projects have included wastewater treatment facilities, pump stations, tanks, large and small diameter sewer and water pipelines, and roadwork. Mr. Ruiz's duties typically include reviewing contractor's schedules, progress payment requests, RFI's and submittals, contractor proposed change orders, and inspection of the work. Mr. Ruiz has also participated in design revisions, safety, and negotiations on change orders. Sample Relevant Projects: Public Infrastructure • Goleta Sanitary District, Waste Water Treatment Plant Upgrade • Casmalia Community Water District Water Tank Replacement Project • City of Carlsbad Desalination Pipeline Project • Coachella Valley Water District, Water Reclamation Plant No. 4 and No. 7 Headworks Improvements Project • City of Culver City, Sewer Main Rehabilitation Project • City of Fontana, Sanitary Sewer Pump Station Replacement Project • City of Coachella, Thermal Headwork Station Project • City of Fontana, Sanitary Sewer Pump Station Replacement Project Public Buildings • City of Fontana, Police Station Expansion Project John Przybyszewski Inspector John Przybyszewski has over 37 years' experience in construction management, park, and golf course construction, and country club management, including capital improvements and remodels, project management and quality control, maintenance and irrigation programs, grading, plan review, documentation and contract administration, bid evaluation, regulatory compliance, budget design and administration, owner/designer liaison. Sample Relevant Projects: As -Needed • As -Needed Inspection Services — Various Projects, City of Huntington Beach EDUCATION University of California, San Diego BS. Structural Engineering CERTIFICATIONS EIT, Engineer -in -Training Certification - State of California (F.E.) Certified Erosion, Sediment and Storm Water Inspector (CESSWI) Certificate of Completion for Approved Training for Qualified SWPPP Practitioner (QSP) NASSCO Certifications: Cured -in -Place Pipe (ITCP) Inspection Certification Program Pipeline Assessment Certification Program (PACP) Manhole Assessment and Certification Program (MACP) EDUCATION University Of Massachusetts AA Turfgrass Management CERTIFICATIONS South Coast Air Quality Management District Fugitive Dust Control Certificate PROFESSIONAL AFFILIATIONS Southern California Turfgrass Council Pesticide Applicators' Professional Association Golf Course Superintendents' Association of America Golf Course Superintendents' Association of Southern California (former Director) 239 Water/Wastewater • Warner Ave. Sewer Pump Station, Gravity and Forcemain Pipeline Project, City of Huntington Beach • Recycled Water System Expansion, City of San Clemente Parks/Golf Courses • The Crossings at Carlsbad Golf Course and Club House, City of Carlsbad • Big League Dreams Sports Complex, City of West Covina • Rustic Canyon Golf Course City of Moorpark • Mission Viejo Country Club Golf Course and Site Improvements, City of Mission Viejo • Silver Rock Resort Golf Course and Maintenance Building, City of La Quinta • Palm Desert Country Club Golf Course Restoration and Club House Renovations, City of Palm Desert Inspector Al Olea has more than 21 years' experience as a construction project manager, inspector, and supervisor for residential, commercial, and public works projects. He has completed inspection of a variety of public works projects, including roadways, pipelines, pump stations, treatment plant projects, and administration buildings. His construction background includes scheduling and supervising up to 150 employees, cost estimating, preparing construction proposals, obtaining building permits, and managing construction sites. As -Needed • As -Needed Inspection Services, City of Huntington Beach Transportation EDUCATION California State Polytechnic University, Pomona BA Business Management CERTIFICATIONS Hazmat Certified CFR-49 ICBO-Certified Building Inspector • Dogwood/Interstate 8 Freeway Ramp Widening and Signalization Project, City of El Centro • Street Rehabilitation Phases 1 and 2, City of Coachella Public Infrastructure Facilities • Wastewater Treatment Expansion, City of Coachella • City of Coachella Pump Station and Pipeline Project, Coachella, California Public Buildings • Senior Community Center, City of Fontana • Valencia Library Remodel City of Fontana • Administration Building and Laboratory, City of Coachella 240 Paul Buckley Inspector Mr. Buckley has 29 years of experience in public works construction EDUCATION working in both public works maintenance and engineering sections. San Diego State University Experience includes water, sewer, storm drain, and pipeline Bachelor of Arts, Public Administration construction; roadway construction, and overall engineering San Diego Mesa College — San Diego, CA inspection and public works management. His knowledge also Associate of Arts, Liberal Arts extends into pavement maintenance and rehabilation projects, including slurry seal, chip seal, micro-milliing and grind overlays. Mr. Buckley has unique well rounded background of performing, inspecting, managing and planning public works maintenance projects. He builds strong partnerships and leverages experience in engineering inspection to achieve results. Sample Relevant Projects: As -Needed and Municipal Staff Positions • Water, Sewer, Storm Drain Inspector, City of San Clemente, California • Development Project Inspector, City of Palm Springs, California • Public Works Manager, City of San Marcos, California. • Public Works Engineering Inspector and Public Works Coordinator, City Poway Public Infrastructure • 24" Storm Drain Project, City of San Clemente • 8" Water Line Replacement Project, City of San Clemente • Recycled Water Meter Replacement Project, City of San Clemente • Recycled Water, Sewer, Storm Drain and Roadway Inspection, City of Del Mar Transportation • 2016 Seal Coat Project — 4.0 M SF of Type II Slurry Seal for the City of Rancho Santa Margarita • 2014 Seal Coat Project— 5.5M SF of Type II Slurry Seal, City of San Marcos • 2014 Chip Seal Project —1.1M SF of PASS CR Chip Seal, City of San Marcos • 2013 Seal Coat Project — 4.5M SF of Type II Slurry Seal, City of San Marcos • 2013 Chip Seal Project —2.3M SF of PASS CR Chip Seal, City of San Marcos • 2012 Seal and Chip Seal Project — 4M SF of Type II Slurry Seal and 2.5M PASS CR Chip Seal, City of San Marcos • 2011 Seal Coat Project, City of San Marcos • 2010 Seal Coat Project, City of San Marcos 241 William Reeves, CWI Special Inspector William Reeves has more than 26 years' experience in the construction industry inspecting a wide variety of public works projects. Prior to being an inspector, Mr. Reeves owned and operated a steel fabrication business for 19 years, and has been a certified welding inspector for 15 years. He is responsible for observation and inspection of water pipeline facilities including structural steel and welding for conformance with the approved design drawings, specifications to applicable welding codes and standards, AWS D1.1, D1.3, D1.4, D1.5, API, ASME, FEMA, DSA, AWWA, OSHPD. Mr. Reeves is also experienced in quality control inspection for conformance to applicable codes, safety manager, scheduling, purchasing, documentation, reporting, and site supervision of construction personal for a variety of water projects. Sample Relevant Projects: I=1D1R91crI[a]zI NASSAU Community College, New York Drafting & Technical Drawing S.U.N.Y. at Morrisville, New York Biology Santa Ana Community College, Santa Ana, California General Ed Riverside Community College, Riverside, California Welding Inspection Technology CERTIFICATIONS AWS Certified Welding Inspector: AWS CWI Certified ICC Structural Welding Certified ICC Structural Steel and Bolting Certified ICC Fireproofing City of San Diego Steel and Welding Inspector, Goleta Water District. Lead inspector for a 20" steel water line. He inspected all pipe installation, including all appurtenances, VACS, thrust blocks, excavation, trenching, tie-ins, valves, and concrete vaults. Inspector, Ramona Municipal Water District. Inspector for a 16" steel water line and all appurtenances, including welding, air VACS, blow -offs, thrust blocks, valves, and concrete blocks. Special Inspector, AWS CWI, Structural Steel and Welding. Various in -plant and on -site QA/QC inspection. Responsible for the observation and inspection of structural steel welding and bolting for conformance with the approved design drawings, specifications to applicable welding codes and standards, AWS D1.1, D1.3, D1.4, D1.5, API, ASME, FEMA, DSA, AWWA, OSHPD. Furnish inspection reports to the Building Official, Contractor, Engineer and Architect of record. Piping, bridges, dams, hospitals, schools, public works. Quality Control Manager, ARB Inc. Responsible for the observation, inspection, examination and reporting of structural steel erection and welding per AWS D1.1 and pipe welding per ASME B31.3. Structural design, welding procedures, welder qualification testing. Furnish inspection and quality reports. Special Inspector, AWS CWI, Structural Steel and Welding, Fireproofing. Various in -plant and on -site QA/QC inspection. Responsible for the observation and inspection of structural steel and welding/bolting for conformance with the approved design drawings, specifications to applicable welding codes and standards, AWS D1.1, D1.3, D1.4, D1.5, API, ASME, FEMA, DSA, AWWA, OSHPD. Furnish inspection reports to the Building Official, Contractor, Engineer and Architect of record. Inland Empire Energy Center, Romoland, California. Quality Control Manager/Inspector, Safety Technician responsible for the observation, inspection, and reporting of structural steel erection and welding per AWS D1.1, AWS D1.3. Inspection of welding structural aluminum and welding of aluminum electrical buss ducts and supports per AWS D1.2. Structural design, write welding procedures, welder qualification testing. Furnish inspection and safety reports. 242 Alliant Consulting, Inc. Qualifications of Key Personnel Proposed for the Contract CHRISTA J. SCHOTT President, Alliant Consulting, Inc. Christa J. Schott is an experienced labor compliance expert whose company focuses on monitoring and enforcing prevailing wage laws on publicly funded construction projects in the state of California. As President of Alliant Consulting, Inc., she developed and oversees the Department of Industrial Relations (DIR) approved Labor Compliance Program (LCP) to actively monitor and enforce an LCP on behalf of awarding agencies such as School Districts, Housing Authorities, Water Utility Agencies, Counties and Cities to ensure proper payment of prevailing wages and benefits, use of registered Apprentices, payment of taxes, proper licensing, proper classification and payment of overtime and holiday pay. Ms. Schott has been involved in public works construction and in charge of certified payroll compliance for over fifteen years, owning her company for over thirteen. Her experience includes working with general and electrical contractors and State, Federal, and Local authorities within five counties in Southern California. Ms. Schott oversees a staff of 17 people in three offices and is involved in every aspect of the Company, overseeing the compliance process from pre -bid through the hearing and wage/penalty collection phases. In addition to attending dozens of training workshops and seminars over the past eight years, Christa has held presentations and led workshops regarding labor compliance enforcement for the Associated General Contractors of America, the Coalition for Adequate School Housing, the California Association of School Business Officials, the National Association of Women in Construction and for multiple contractors and public agencies. Education Azusa Pacific University University of Pittsburgh Professional Affiliations Coalition for Adequate School Housing (CASH) California Association of School Business Officials (CASBO) National Association of Women in Construction (NAWIC) CASH Board Working Group on Labor Compliance Institute of Journalism, Washington, D.C. Leadership Moreno Valley Board of Advisors, School of HRM/Business, San Diego State University Contact Information Address: 2815 Camino Del Phone: 619-831-0704, Fax Rio South, Suite 126, San Diego, CA 92108 909-747-0404, Email: Christa@alliantconsulting.net 243 James Hudson has served in the electrical industry for over 30 years. For the majority of his career, he has focused his energy and skills in the water/wastewater industry, helping to grow Rockwell Electric, Inc. into a $15 million/year organization. The company provided both electrical contracting capability as well as process control and system integration services for the water/wastewater construction and service industry. Mr. Hudson co-founded Rockwell Construction Services (RCS), which was created to offer electrical project review, inspection and general construction management assistance specializing in the water/wastewater industry. EDUCATION Palomar College Misc. General Education, Fire Hydraulics, Electrical Code LICENSES/CERTIFICATIONS Infrared Training Center Thermography Level 2 certified State of California: C-10 Electrical Contractor License Accubid Electrical Estimating Advanced training certificate Mr. Hudson has been involved in numerous water/wastewater projects. A partial client list includes: • Recycled Water Demonstration Project for City of Anaheim • Recycled Water System Expansion for City of San Clemente • Warner Avenue Gravity Sewer and Pump Station for City of Huntington Beach • Padre Dam MWD, SCADA system • Otay Water District, various electrical and I&C projects • Vallecitos Water District, various electrical and I&C projects • Leucadia Wastewater District, various electrical and I&C projects • San Diego County Water Authority, various electrical and I&C projects • Mesa Consolidated Water District, SCADA system • Ramona MWD, various electrical and I & C projects • Olivenhain MWD, various electrical and I & C projects • Carlsbad Water District, various electrical and I & C projects • Encina Wastewater Authority, various electrical and I & C projects. D U D E K Page I of 1 244 Firm: Stack Traffic Consulting, Inc. Years Experience 15 years Education B.S. Civil Engineering, University of Massachusetts Lowell, 1999 Professional Organizations Institute of Transportation Engineers (ITE) International Municipal Signal Association (IMSA) ITS America (ITSA) Unique Characteristics • Extensive and unique expertise in railroad -highway at grade crossing and traffic signal operations. • Proven capability to bridge the gap in communication between discipline experts and find technical solutions agreeable to various stakeholders. Client References City of San Diego Duncan Hughes, Senior Traffic Engineer P: (619) 533-3141 E: dhughes@sandiego.pov City of National City Stephen Manganiello, Director of Public Works P: (619) 336-4380 E: smanganiello@nationalcityca.gov Jason Stack Project / Construction Manager Mr. Stack is the President and Founder of Stack Traffic Consulting and has over 15 years of specialized experience in the development, design, assembly and operation of Intelligent Transportation Systems, traffic signal systems and control technologies, and communication systems. Mr. Stack has managed various transportation planning, engineering, and systems projects for agencies throughout California. Mr. Stack is recognized as an expert in traffic signal operations, including complex traffic signal programming and railroad preemption operations. Mr. Stack has managed the construction and inspection of several large scale and small scale projects including: all traffic related work on the SPRINTER project in North County San Diego; the Lusk Blvd Adaptive Traffic Signal Control project in San Diego; and the Creekside Marketplace project in San Marcos, CA. Relevant Experience SPRINTER, North San Diego County, CA. Mr. Stack was the lead traffic consultant on the SPRINTER project that included 22 miles of new railroad construction across 4 Cities, the County, and Caltrans. STC coordinated all traffic related work between the owner, construction management team, design team, agencies and contractors. STC's responsibilities included PS&E design, preemption operation development, design review and modification, traffic controller programming, various traffic signal circuit design and implementation, and inspection and acceptance testing of all traffic related installations at 37 active grade crossings. Lusk Blvd Adaptive Traffic Signal Control Project, San Diego CA. This project entails the installation, integration, and optimization of a state-of-the- art adaptive signal control system at 9 locations along Lusk Blvd in San Diego, CA. Mr. Stack has substantial project roles as construction manager and lead systems integrator. As the construction manager, Mr. Stack is responsible for the planning, scheduling, and inspection of contractor activities which include the installation of video detection, local Ethernet communications for each intersection, traffic signal rack level ITS equipment, and wireless communication equipment. City of Carlsbad Creekside Marketplace Construction Management, San Marcos, CA. Doug Bilse, City Traffic Engineer This project involved development of highly complex traffic signal operations P: (760) 602-7504 for the new and modified signals at Grand Avenue/San Marcos Boulevard and E: doug.bilse@carisbadca.gov Grand Avenue/Marketplace. Mr. Stack led the programming and acceptance testing of the complex 14-phase intersection control. Mr. Stack performed construction management and inspection duties for civil and traffic improvements related to the project. Stack oversaw the construction of a new traffic signal, a modified traffic signal, signal interconnect, median construction, and two driveway reconstruction. 245 AAA' � W : I L I NO 40qj Supporting Documentation Audit Commendation Letter Sample Inspection Report JUN-03-2003 15.54 Bill Wilder, Construction Monitor Caltrans D11 Local Assistance CALTRANS D11 LOCAL ASSIST DISTRICT CONST, MONITOR CHECKLIST 17sN-0 J 858 616 6529 P.02i02 bill.wilder@dot.ca.gov AGENCY � c IT Y C"L9 6141D PROJECT NO. S7 p L 5-3 a - CONTRACTOR _"!g A � S (t j C , CONTRACT AMOUNT C1 . 33,a , D q.D TYPE OF WORK R �6w,S'T`' 1�-A-N F,( A1-'i/U: Q'if I0.I(e9ns, YES NO Comment AWARD DOCS(R.E.CHECKLIST WEEKLY STATEMENT DIARIES MATERIALS- NOTICE 16-1 QAP - in files? CERTS of COMPLIANCE- info? PAY QUANTITIES INTERVIEWS PRIME/SUBS DBE- BIDDER DBE INFO FORM CCO SUMMARY ENVIRONMENTAL DOCS? r'Timi COMMEMTS: U� 7` C-QJ - ,DJ) M 1 nJ r LOCAL AGENCY: REVIEWER: oir :. c-.a Ns r TOTAL P.02 DAILY INSPECTION REPORT PROJECT: Atlanta & Adams Report NO.: 47 Project No: CC 1502 OWNER: City of Huntington Beach JOB NO.: CC-102 ENGINEER: City HB DATE: 09-12-17 CONTRACTOR: Harding & Harper DAY: Tuesday Days: Day 47 Of 65 (HB) CONSTRUCTION MANAGER: Joe Fuentes WEATHER/TEMP: INSPECTOR: John Przybyszewski NTP DATE: 07-10-17 700-750 Sunny Am COMPLETION DATE: 10-09-17 750-780 Sunny Breeze Pm NOC DATE: FIELD LABOR FORCE CONTRACTOR SUB -CONTRACTOR NAME REMARKS CLASSIFICATION Arrival Departure 1 Harding & Harper Calvin Wilson Foreman 07-28-17 2 See Below EQUIPMENT Quantity Type/Size Work Work Performed Arrival Departure 1 ea. Chevy # 160 Calvin's Pick —Up Truck 07-28-17 VISITORS TIME NAME REPRESENTING REMARKS 8:00- 5:30 Pm H&H Paving crew 11 2" Rubber Cap Pave East Atlanta 7:00-6:00 Pm H&H Calvin crew 2 2" Rubber Cap Pave East Atlanta 8:00 -3:30 Pm Anytime Sweeping Street Sweeping 10:00-5:30Pm Leighton 1 Ac compaction 8:00- 3:OOPm Phoenix 3 Plant Adams Palm Trees Certified Payroll Summary: 09-12-17: H& H (13), Anytime Sweeping (1), Leighton (1), Phoenix (3) CONSTRUCTION ACTIVITIES: 09-12-17 Atlanta 2" AC Rubber Cap Harding &Harper: 7:30 Am Calvin & Irving set traffic control closing the WB & EB Atlanta outside lanes from Beach — 22+00 for paving moving the WB & EB traffic into the inside lanes. Directional arrows were placed on cones in both directions with double cones & delineators at driveway entrances. Flagman directed traffic during paving & continue to maintain traffic control through -out the day 248 7:00-2:30 Pm (H&H water truck) water down all approaching streets to paving areas through -out the day to prevent tracking & control dust, cool rubber cap before lanes are open to public vehicle traffic. Leighton Asphalt Testing: 10:00 — 5:30 Pm Richard Fernando (Leighton) on site to take asphalt samples and perform compaction testing on placed asphalt. Compaction constant 96%-97% 7:30 Am temporary asphalt ramps were removed by mini grinder, cleaned by street sweeper, tack coat applied. John Przybyszewski reviewed tack coat application rate with operator. 8:40 Am 1s'All American truck from the Irvine plant on site with ARHMGG- C'/2" PG 64-16AR with fiber material per plan. 8:40- 10:05 Am H&H staff placed 2" rubber cap EB outside #2 lane & bike lane Beach to 22+00 (Schooner) with the additional equipment (SB 2500 Shuttle Buggy) Asphalt delivery truck temps range 276 11308 ° Truck box Temps 8:52 Am 3080, 9:23 Am 3020, 10:23 Am 2760 Asphalt temps at auger 288 ° 310 ° Auger Temps 8:48 Am 2880, 9:57 Am 292°, 10:23 Am 306°, 1:30 Pm 310° Matt placement temps 10:23 Am 2890, 1:30 Pm 292° Harding & Harper sand truck on site applying sand and (H&H water truck) applied water on rubber asphalt before vehicles were allowed on new pavement. 10:23- 1 1:30 Am H&H staff placed 2" rubber cap WB outside #2 lane & bike lane 21+00 (Schooner) — Beach 11:15 Am H&H staff re -set traffic control closing the EB Atlanta inside lanes from Beach to 21 +00 (Schooner) for paving moving the EB traffic into the outside lanes. Right directional arrows were placed on cones in both directions with double cones & delineators at driveway entrance for right turn only. 11:40 -12:30 Pm H&H staff placed 2" rubber cap EB #1 lane Beach - 22+00 12:15 Am H&H staff re -set traffic control closing the WB Atlanta inside lanes from 21+00 (Schooner) — Beach for paving moving the WB traffic into the outside lanes. Right directional arrows were placed on cones in both directions with double cones & delineators at driveway entrance for right turn only. 12:15 -1:55 Pm H&H staff placed 2" rubber cap WB #1 lane and insides lanes 22+00 (Schooner) — Beach Harding & Harper sand truck on site applying sand and (H&H water truck) applied water on rubber asphalt before vehicles were allowed on new pavement. Note: Water Leak Approximately 22+00 2:07 Pm while John Przybyszewski was reviewing Adams with Tom Herbel John P received a call from Calvin stating that his staff found water coming up from new pavement at the intersection of Atlanta & Surf wood. John called HB water department staff David Rico and Vince Madrid to respond to leak. Water was seeping up along a 10-12' area along the #1 WB lane and median. David found a median backflow east of the intersection which he shut down stopping the water leak. It was determined that when Edison's contractor ILB trenched through this section they had to cut out a section of the 2" irrigation mainline to install the Edison vault. It is assumed that the repair of the irrigation 2" mainline failed. John P, Calvin, Vince, David observed vehicles driving over the leak section with no problems. John P called Joe Fuentes (HB CA) who notified Edison &IBL. A meeting was scheduled for 10:00 Am tomorrow to walk site and review repair options H&H staff cleaned all sidewalks, driveways and paved areas at the end of the day H&H staff placed traffic tabs (white/yellow) before lanes were opened 3:30 Pm all traffic control picked up all lanes open 3:30 Pm All Atlanta lanes open. Total: ARHMGG- C'/2" PG 64-16AR asphalt placed today paving completed 1:55 Pm 10+88 22+00 EB #2 Lane & Bike Lane Beach Schooner 265.64 21+00 10+88 WB #2 Lane & Bike Lane Schooner -Beach 285.69 10+88 22+00 EB #1 Lane Beach -Schooner 143.40 22+00 10+88 WB #1 Lane & inside lanes LT lanes Schooner -Beach 367.61 09-12-17 1,062.34 Total 2" Rubber Cap Tons: 1,062.34 ALL AMERICAN ASPHALA- MAIN OFFICE 400 f SIX.I fi SI RI -FT P_C_ Box COKONA, CA 92Et?8-2229 "S 736-7600 CONTRCACTOR1.1C_Lr,ESE n26713 A,C12 01R,#100(XX)I051 1 �/SDI"3I R ,,1 1 4-00 -. 09-11-17 1,478.70 Atlanta Total 2" Rubber Cap Tons: 2,541.04 IN TRUCK POR TARE AND GROSS WEIGHTS Street Sweeper. - Anytime sweeping continued sweeping Atlanta and all side streets to 3:30 Pm HARDING & HARPER FIELD LABOR FORCE Jq&' rt+�n 4 e t 13 Mon Tue Wed Thur Fri NAME REMARKS CLASSIFICATION Arrival Departure 1 10 Calvin Wilson: Foreman 7:OOAm 5:00 Pm 2 10 Irving Reyes: Laborer 7:OOAm 5:00 Pm 3 4 5 8.0 Brian LaGrand Operator 7:00 Am 3:OOPm 6 8.0 Tomas Salas Operator 7:00 Am 3:OOPm 7 8.0 Jose Vargas Operator 7:00 Am 3:OOPm 8 8.0 Rafael Lopez Concrete Mason 7:00 Am 3:OOPm 9 8.0 Christobal Ramirez Laborer 7:00 Am 3:OOPm 10 8.0 Bobby Colow Laborer 7:00 Am 3:OOPm 11 8.0 Elas Sanchez Laborer 7:00 Am 3:OOPm 250 12 8.0 Brandon Watson Operator 7:00 Am 3:OOPm 8.0 Matt Watson Operator 7:00 Am 3:OOPm 8.0 Matt Cam oes Operator 7:00 Am 3:OOPm 8.0 Jose Revis Laborer 7:00 Am 3:OOPm i QT Mon Tue wed Thur Fri No EQUIPMENT Arrival Departure X #160 Chevy Calvin's Pick —Up Truck 7:OOAm 5:00 Pm X #598 CB54 Cat Roller 7:OOAm 3:00 Pm X #652 CB 54 Cat Roller 7:OOAm 3:00 Pm X #642 Cedar Rapids Paver 7:OOAm 3:00 Pm X #288 H&H Water Truck 7:OOAm 3:00 Pm X #720 10 Wheeler Cold Mix Truck 7:OOAm 3:00 Pm X #803 Sand Truck 7:OOAm 3:00 Pm X John Deere Skip Loader (Rental) 7:OOAm 3:00 Pm X #302 F450 Tool Truck 7:OOAm 3:00 Pm X #680 SB2500 Shuttle Buggy 7:OOAm 3:00 Pm X Anytime Sweeping Street Sweeping 7:00Am 3:30 Pm 09-12-17 Adams Phoenix Plant Trees: 8:00-3:00 Pm Phoenix Landscape staff (3) on site to continue with planting the (6) palm trees at New Britain/Adams and re -stake and water median trees. 8:00 Am Jose called John P to let him that last night Edison staff was called out because the resident at 20001 New Britain reported no power. It was determined that Phoenix staff without knowing must have damaged the power wires when they pulled out old roots. Edison had the power repaired by 10:OOPm. John P was not received any call from Edison. John P took photos showing the USA mark outs were 4' north of actual location Labor: (8hrs.) Jose Hernandez: Laborer/Foreman (8hrs.)Martin Savala: Laborer (8hrs.)Francisco Tello: Laborer Equipment: (8hrs.) Ford F350 Utility Truck (8hrs.) Ford F250 Pick -Up (8hrs.) Bobcat Mini Excavator (Rental) (8hrs.) Water Buffalo (water trailer) Complaints/Issues: BMPs 09-12-17 All Adams & Atlanta BMPs installed in good condition and repair. Traffic Complaints/Issues: DISTRIBUTION: 1) Dudek 2) City of Huntington Beach BY: John Przybyszewski DATE: 09-12-17 DUDEK CONSTRUCTION INSPECTION DUDEK 800.450.1818 1 DUDEK.COM I INFO@DUDEK.COM SOUTHERN CALIFORNIA Encinitas (Main) La Quinta Pasadena Riverside San Juan Capistrano CENTRAL COAST Santa Barbara Santa Cruz NORTHERN CALIFORNIA Auburn Larkspur Oakland Sacramento HAWAI I Honolulu OREGON Portland HABITAT RESTORATION SCIENCES A Dudek Subsidiar y 252 m x W ALL'I"'ANT W"4" NSULTING , INC. LABOR MPUANCE MONITORING 2815 Camino Del Rio S. Suite 126 San Diego, CA 92108 P: 619-831-0704 2018 COMPANY RATE SHEET Principles (President, Vice -President): $110.00 per hour Labor Compliance Director / Manager: $90.00 per hour Labor Compliance Consultant: $75.00 per hour Labor Compliance Clerk (1 and 2): $65.00 per hour Field Investigator / Site Monitor: $55.00 per hour* *Site Monitor rate includes mileage, fuel and vehicle expenses in the hourly rate. Site interviews, summaries & photo labelling with uploads is also covered under this rate. Alliant Consulting estimates the following percentages of each classification per project: Principles (President, Vice -President): >5% Labor Compliance Director / Manager: 10% Labor Compliance Consultant: 30% Labor Compliance Clerk (1 and 2): 45% Field Investigator / Site Monitor: 10% t.ncnl Arriclana Procedure, Al enuel DBE. Contract Goal Can ctroc lion Manaxement Consultant City of Iluntineton Beach Various hnprocement Projects EX}nBR 9-D ttem No. A rox. PP Quant. Meas. Unit Item Description Unit Price Total Likelyto be Performed b y Subcontractor (Y=Yes(? Trucking or Supply of PP Y Material Involved YmYea)7 Work Category Code (enter a code it corresponding cell in either Column G or His 'ti'3 Number of Available DBEs DBE Work Factor (Input a Percentage only If the number or available DBEs > 9) DBE Work Dollar Amount Comment 1 1 LS Construction Management S 300,000.00 $ 300,000.00 N N $0.00 2 1 LS Project Mana ement $ 200,000.00 $ 200 000.00 N N $0.00 3 1 LS Inspection Services $ 980 000,00 $ 980 000.00 N N $0.00 4 1 LS Labor Compliance $ 14 000.00 $ 14 000.00 N N 50.00 5 1 LS Clerical $ 6 000.00 $ 6 000.00 N N $0.00 TOTAL $1,500,000.00 Work Code Category TOTAL DBE $0.00 WORK AMOUNT DBE Goal 0% Page • of 2 December 311, 2014 Local Assistance Procedures Manual EXHIBIT 10-11 Sample Cost Proposal EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #2) Pagc I or'_' SPECIFIC RATE OF COMPENSATION (USE: FOR ON -CAI.. OR AS -NEEDED CONT RAC"I'S) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) N Note: Mark-ups are Not Allowed W Consultant or Subconsultant Fringe Benefit 0.00% + Overhead 0.00% (= 0% if Included in OH) (= 0% if Included in Olt) BILLING INFORMATION Dudek Huntington Beach Contract No. On -Call CM Date 8/16/2018 + General Administration 0.000%, = LIAO%, Combined Indirect Cost Rate (ICR) FEE = 0.00% CALCiJI.ATION INFORMATION Name/Job Title/Classifications Hourly Billing Rates' Effective date of hourly rate Actual or Avg. % or S Hourly range - Straight OT(1.5x) OT(2x) From To hourly rate' increase for classifications only 0.00% Project Principal/George Litzinger $ 175.00 $ 175.00 $ 175 00 For Contract Term $ 175.00 0.00% 0.00% 0.00% Alternate Project Manager/Jason Linsdau $150.00 $15o.o0 $150.00 For Contract Term $150.00 0.00% 0.00% 0.00% Construction Managers/See attached 3 150.00 $ 150.00 $ 150.00 For Contract Term $ 150.00 0.00% 0.00% 0.00% Estimating/Chandrani Havaldar $ 15000 $150 00 $150.00 For Contract Term $ 159.00 0.00% 0.00% 0.00% Inspectors/See attached $ 129.00 $ 129.00 $ 129.00 For Contract Term $ 129.00 0.00% 0.00% Building Inspectors/See attached 0.00% $129.00 $ 129.00 $ 129.00 For Contract Term $ 129,00 0.00% 1. Names and classifications ofconsultant (key statt) team members must be listed. Provide separate sheets for prime and all subconsultant firms. 2. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. NOTES: • Denote all employees subject to prevailing wage with an asterisks (•) • For "Other Direct Cost" listing, see page 2 or this Exhibit Page 3 of 5 LPP 15-01 January 14, 2015 M x Local Assistance Procedures Manual EXHIBIT 10-H Sample Cost Proposal EXI{IBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #Z) Page2 ol'2 SPIi(,ii:i(, RA'I'E OP COMPFNSA'I'ION (OSF. FOR ON -CALL OR AS -NEEDED ('ON'I ItAC f S) (CONSTRUCTION ENGINFERING AND INSPECTION CONTRACTS) Huntington Beach Consultant or Subconsultant Dudek Contract No. Can -Call CM Date 8/16/2018 Ul SCHEDULE OF OTHER DIRECT COST ITEMS PRIME CONSULTANT SUBCONSULTANT #1 SUBCONSULTANT #2 DESCRIPTION OF ITEMS UNIT UNIT COST TOTAL DESCRIPTION OF ITEMS UNIT UNIT COST TOTAL DESCRIPTION OF ITEMS UNIT UNIT COST TOTAL $0.00 $0.00 $0.00 $ 0.00 S 0.00 S 0.00 $ 0.00 $ 0.00 $ U.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ U,00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $0.00 $0.00 $0.00 $ 0.00 $ 0,00 $ 0.00 $0.001 $0.0ol $0.00 PRIME TOTAL ODCs = $ 0.00 SUBCONSULTANT #1 ODCs = $ 0.00 SUBCONSULTANT #2 ODCs = $ 0,00 IMPORTANT NOTES: I . List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations. 2. Proposed items should be consistently billed directly to all clients (Commercial entities, Federal Govt., State Govt., and Local Govt. Agency), and not just when the client will pay for them as a direct cost. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. R. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. Page 4 of 5 LPP 15-01 January 14, 2015 Local Assistance Procedures Manual Exhibit 10-01 Consultant ProDosal DBE Commitment 1. Local Agency: 3. Project Description: 4. Project Location: 5. Consultant's Name: EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 2. Contract DBE Goal: 6. Prime Certified DBE: ❑ 7. Description of Work, Service, or Materials Supplied 8. DBE Certification Number 9. DBE Contact Information ° 10. DBE k Local Agency to Complete this Section 11. TOTAL CLAIMED DBE PARTICIPATION 17. Local Agency Contract Number: 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 20. Local Agency Representative's Signature 21. Date 22. Local Agency Representative's Name 23. Phone 24. Local Agency Representative's Title IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. 12. Preparer's Signature 13. Date 14. Preparer's Name 15. Phone 16. Preparer's Title DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 3uly 23, 2015 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment INSTRUCTIONS — CONSULTANT PROPOSAL DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 17. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 18. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 19. Proposed Contract Execution Date - Enter the proposed contract execution date. 20. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 21. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 22. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 23. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment 1. Local Agency: 3. Project Description: 4. Project Location: 5. Consultant's Name: E\HIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 8. Total Dollar Amount for ALL Subconsultants: 2. Contract DBE Goal: 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: 9. Total Number of ALL Subconsultants: 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Local Agency to Complete this Section 14. TOTAL CLAIMED DBE PARTICIPATION 20. Local Agency Contract KI—h., 21. Federal -Aid Project Number: 22. Contract Execution nnto Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 23. Local Agency Representative's Signature 24. Date 25 Local Agency Representative's Name 26. Phone 27. Local Agency Representative's Title IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. 15. Preparer's Signature 16. Date 17. Preparer's Name 18. Phone 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page I of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firmm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. IL DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment foram on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial, b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑Subawardee Tier if known Congressional District, if known Congressional District, ifknown 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if knoxvn: 9. Award Amount, if known: 10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, Ml) (including address if different from No. 10) (last name, first name, M1) 12. 13. 15. (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ ❑ actual ❑ planned a. retainer b. one-time tee am Form of Payment (check all that apply): c. commission ®a. cash d. contingent Jce b. in -kind. specify: nature e deferred Value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes ❑ No ❑ 17, Information requested through this form is authorized by Title 31 U S.0 Section 1352 This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into This disclosure is required pursuant to 31 U S.0 Print Name: 1352 This information will be reported to Congress semiannually and will be available for public inspection Any person who fails to file the required disclosure shall be subject 1 rtla to a civil penalty of not less than $10.000 and not more than $100.000 for each such failure Telephone No.: Date: Federal Use Only: Standard Form LLL Rev. 04-28-06 Distribution: Ono- l.,ocal Agency Project Filcs Authorized for Local Reproduction Standard Form - LL,L Page I LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action. 2. ldentify the status of the covered federal action. 3. ldentif}p the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. ldentify the tier of the subawardee, e.g.. the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts. sub. -rants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city,, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item I ). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g., Request for Proposal (REP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes. e.g., "RI, P-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s) perfonning services and include full address if'diflcrent from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (]tern 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. ifthis is a material change report, enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 14. Check all boxes that apply. If other, specify nature. 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity notjust time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the offieer(s) employee(s) or Member(s) of Congress that were contacted. 16. Check whether or not a continuation sheet(s) is attached. 17. The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time liar reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046). Washington, D.C. 20503. SF- LLI, Instructions Rev. 06-04 Page 2 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language EXHIBIT IO-R A &E SAMPLE CONTRACT LANGUAGE (For Local Assistance Federal -aid Projects) NOTE TO LOCAL AGENCY -BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS CONTRACT LANGUAGE IS ONLY SUGGESTED LANGUAGE. MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT. TABLE OF CONTENTS A&E SAMPLE CONTRACT LANGUAGE Article Subject Page ArticleI Introduction................................................................................................................................2 ArticleII Statement of Work.....................................................................................................................2 Article Ill Consultant's Reports or Meetings..............................................................................................4 Mandatoi3, Fiscal and Federal provisions (Verbatim) Article IV Performance Period....................................................................................................................4 Article V Allowable Costs and Payments..................................................................................................4 ArticleVI Termination................................................................................................................................8 Article VIl Cost Principles and Administrative Requirements....................................................................8 Article VIII Retention of Records/Audit.......................................................................................................9 Article IX Audit Review Procedures..........................................................................................................9 ArticleX Subcontracting.........................................................................................................................10 Article X1 Equipment Purchase................................................................................................................ I 1 Article XII State Prevailing Wage Rates....................................................................................................I I Article XIII Conflict of Interest..................................................................:................................................12 Article XIV Rebates, Kickbacks or other Unlawful Consideration.............................................................12 Article XV Prohibition of Expending Local Agency State or Federal Funds for Lobbying ......................12 Article XVI Statement of Compliance.........................................................................................................13 Article XV1I Debarment and Suspension Certification.................................................................................14 Miscellaneous provisions Article XVIII Funding Requirements.............................................................................................................14 ArticleX1X Change in Terms......................................................................................................................14 Article XX Disadvantaged Business Enterprises (DBE) Participation.......................................................15 ArticleXXI Contingent Fee.........................................................................................................................16 ArticleXXII Disputes...................................................................................................................................16 Article XXlll Inspection of Work..................................................................................................................16 ArticleXXIV Safety.......................................................................................................................................17 ArticleXXV Insurance..................................................................................................................................17 Article XXVI Ownership of Data...................................................................................................................18 Article XXVII Claims Filed by LOCAL AGENCY'S Construction Contractor.............................................18 Article XXVIII Confidentiality of Data............................................................................................................19 Article XX1X National Labor Relations Board Certification.........................................................................19 Article XXX Evaluation of Consultant.........................................................................................................19 Article XXXI Retention of Funds...................................................................................................................19 ArticleXXXII Notification..............................................................................................................................21 ArticleXXXIII Contract....................................................................................................................................21 ArticleXXXIV Signatures.................................................................................................................................21 Page l of 21 August 2016 Local Assistance Procedures Manual ARTICLE I INTRODUCTION EXHIBIT 10-R A&E Sample Contract Language A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY: The name of the "CONSULTANT" is as follows: Incorporated in the State of (NAME OF STATE) The Project Manager for the "CONSULTANT" will be (NAME) The name of the "LOCAL AGENCY" is as follows: The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this contract is described in Article 11 entitled Statement of Work and the approved CONSULTANT's Cost Proposal dated (DATE). The approved CONSULTANT's Cost Proposal is attached hereto (Attachment 1) and incorporated by reference. if there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence. C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions of CONSULTANT. D. CONSULTANT and the agents and employees of CONSULTANT, in the perfonnance of this contract, shall act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY. E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULTANT either in whole or in part. F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. ARTICLE II STATEMENT OF WORK (INSERT APPROPRL9TF. STATEMENT OF WORK INCLUDING A DESCRIPTION OF THE DELIVERABLES) A. Consultant Services Detail based on the services to be furnished should be provided by 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 consultant contract 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. Page 2 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Environmental documents are not considered complete until a Caltrans District Senior Envirommental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision [see Chapter 6, "Environmental Procedures" in the LAPM, and the Standard Environmental Reference]. B. Right of Way State whether Right of Way requirements are to be determined and shown by 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. Surveys State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys. D. Subsurface Investigations State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference. E. Local Agency Obligations All data applicable to the project and in possession of LOCAL AGENCY or another agency, or government that are to be made available to CONSULTANT are referred to in the contract. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly. F. Conferences, Visits to Site, Inspection of Work The contract 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. G. Checking Shop Drawings For contracts requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the contract fee, or provision may be made for separate payment. H. Consultant Services During Construction The extent, if any of CONSULTANT's services during the course of construction as material testing, construction surveys. etc., are specified in the contract together with the method of payment for such services. I. Documentation and Schedules Contracts where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, 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 contract objectives. J. Deliverables and 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. Page 3of21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE III CONSULTANT'S REPORTS OR MEETINGS (Choose either Option 1 or Option 2) (Option 1 - Use paragraphs A & B below for standard contracts) A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator, as needed, to discuss progress on the contract. (Option 2 - Use paragraphs A & B below, for on -call contracts) A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY's Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY'S Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s). ARTICLE IV PERFORMANCE PERIOD (Verbatim) (4 tune must be set for beginning and ending the work under the contract. The lime allowed for performing the work is specs fled; it should be reasonable for the kind and amount of services contemplated; and it is written into the contract. ff it is desirable that Critical Path Method (CPM) networks, or other types of'schedules be prepared by CONSULTANT, they should be identified and incorporated into the contract. (Choose either Option 1 or Option 2) (Option I - Use paragraphs A & B below. for standard and on -call contracts) A. This contract shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The contract shall end on (DATE), unless extended by contract amendment. B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY. (Option 2 - Use paragraph C below in addition to paragraphs A & B above, for on -call contracts) C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the contract shall be extended by contract amendment. ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim) (Choose either Option 1, 2, 3, or 4) (Option 1 - Use paragraphs A through J below.for Actual Cost -Plus -Fixed Fee contracts. Use Exhibit 10-H, Example 41 for Cost Proposal Format) Page 4 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language A. The method of payment for this contract will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY's approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "H" shall not be exceeded, unless authorized by contract amendment. B. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment. C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. D. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT's fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination. F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract. G. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL AGENCY's Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60 calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: AGENCY/NAME OF CONTRACT ADMINISTRATO. (ADDRESS) H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount). 1. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by LOCAL AGENCY's Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. Page 5 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language (Option 2 - For Cost per Unit of Work contracts, replace paragraphs A & B of Option I with the following paragraphs A, B, and C and re -letter the remaining paragraphs. Adjust as necessary for work specific to your project. Use Exhibit 10-H, Example 43 for Cost Proposal Format) A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore. B. The specified rate to be paid for vehicle expense for CONSULTANT's field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for a fully equipped vehicle, with radio and flashing yellow light (if needed), as specified in Article 11 of this contract. The specified rate to be paid for equipment shall be, as listed in Attachment (Insert Attachment Number). C. The method of payment for this contract, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment -rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and contract is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "I," shall not be exceeded unless authorized by contract amendment. (Option 3 - Use paragraphs A through P for Specific Rates of Compensation contracts [such as on -call contracts]. Use Exhibit 10-H, Example 42 for Cost Proposal Format) A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in CONSULTANTs Cost Proposal (Attachment Number). The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. These rates are not adjustable for the performance period set forth in this Contract. B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the cost proposal and identified in the cost proposal and in the executed Task Order. C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders. D. After a project to be performed under this contract is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order, less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT. E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT's Cost Proposal. F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. Page 6 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate. H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. 1. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY, and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval or for any work perfonned prior to approval of this contract. J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY. K. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract, must be reimbursed by CONSULTANT prior to the expiration or termination of this contract. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Contract. M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. N. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. O. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this contract shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders. (Option 4 - Use paragraphs A through E below.for lump sum contracts. Use Exhibit 10-H, Example #1 for Cost Proposal Format) A. The method of payment for this contract will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article 1I Statement of Work of this contract. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum Page 7 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language compensation will not be effective until authorized by contract amendment and approved by LOCAL AGENCY. B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. if CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination. C. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract. D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount). ARTICLE VI TERMINATION (Verbatim) A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written notice to CONSULTANT with the reasons for termination stated in the notice. B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sun due CONSULTANT under this contract and the balance, if any, shall be paid to CONSULTANT upon demand. C. The maximum amount for which the LOCAL AGENCY shall be liable if this contract is terminated is dollars. ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS (Verbatim) A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Page 8 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY. ARTICLE VIII RETENTION OF RECORDS/AUDIT (Verbatim) For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it's certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. ARTICLE IX AUDIT REVIEW PROCEDURES (Verbatim) A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by LOCAL AGENCY'S Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract. (The.following AUDIT CLAUSE must be inserted into all contracts of $150,000 or greater) D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. (The following A UDIT CLA USE must be inserted into all contracts of $3, 500, 000 or greater). E. CONSULTANT Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans' Audit and Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the Page 9 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the contract teens and cause for termination of the contract and disallowance of prior reimbursed costs. l . During a Caltrans' review of the ICR audit work papers created by the CONSULTANT's independent CPA, Caltrans will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at a provisional ICR until a FAR compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures and guidelines}is received and approved by A&I. Provisional rates will be as follows: a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90% of the proposed rate. b. if the proposed rate is between 150% and 200% - the provisional rate will be 85% of the proposed rate. c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the proposed rate. 2. If Caltrans is unable to issue a cognizant letter per paragraph E.I I. above, Caltrans may require CONSULTANT to submit a revised independent CPA -audited ICR and audit report within three (3) months of the effective date of the management letter. Caltrans will then have up to six (6) months to review the CONSULTANT's and/or the independent CPA's revisions. 3. If the CONSULTANT fails to comply with the provisions of this Section E, or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPA -audited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the ICR and set forth in paragraph E.I. above for all rendered services. In this event, this provisional ICR will become the actual and final ICR for reimbursement purposes under this contract. 4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) Caltrans approves or rejects the original or revised independent CPA -audited ICR: (2) all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3) Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICETO local agency no later than 60 days after occurrence of the last of these items. The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. ARTICLE X SUBCONTRACTING (Verbatim) A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT's obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY'S obligation to make payments to the CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by LOCAL AGENCY's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. Page 10 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY. D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. E. Any substitution of subconsultants) must be approved in writing by LOCAL AGENCY's Contract Administrator prior to the start of work by the subconsultant(s). ARTICLE XI EQUIPMENT PURCHASE (Verbatim) A. Prior authorization in writing, by LOCAL AGENCY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item. service or consulting work not covered in CONSULTANT's Cost Proposal and exceeding $5,000 prior authorization by LOCAL AGENCY's Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this contract is subject to the following: "CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. ARTICLE XII STATE PREVAILING WAGE RATES (Verbatim) (Choose either Option 1 or Option 2) (Option 1 - For contracts where a portion of the proposed work to be performed are crafts affected by state labor laws, use paragraphs A and B) A. CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Detennination. See http://www.dir.ca.gov. Page I of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language (Option 2 - Use only paragraph A below when all of the proposed work in the contract is pei.forrned by crofts not affected by state labor laws or are not contemplated for use) A. The State of California's General Prevailing Wage Rates are not applicable to this contract. Note: The Federal "Payment of Predetermined Minimum Wage" applies only to federal -aid construction contracts. ARTICLE XIII CONFLICT OF INTEREST (Verbatim) A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project. CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow. B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract. (Choose either Option I or Option 2 if appropriate) (Option 1 - Use paragraphs C & D below with paragraphs A & B above for PS&E contracts only) C. CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint -ownership, or otherwise. D. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. (Option 2 - Use paragraphs C, D & E below with paragraphs A & B above, for Construction Contract Administration contracts onl}) C. CONSULTANT hereby certifies that neither CONSULTANT, its employees, nor any firm affiliated with CONSULTANT providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this contract. An affiliated firm is one, which is subject to the control of the same persons through joint- ownership, or otherwise. D. CONSULTANT further certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT, will bid on any construction subcontracts included within the construction contract. Additionally, CONSULTANT certifies that no person working under this contract is also employed by the construction contractor for any project included within this contract. E. Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing service on this contract shall have provided services on the design of any project included within this contract. ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION (Verbatim) CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct frorn the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. Page 12 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS FOR LOBBYING (Verbatim) (Include this article in all contracts where_federal.funding will exceed $150,000. If less than $150,000 in federal funds will he expended on the contract; delete this article and re -number the notification article which follows.) A. CONSULTANT certifies to the best of his or her knowledge and belief that: No state, federal or local agency appropriated funds have been paid, or will be paid by -or -on behalf of CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. ARTICLE XVI STATEMENT OF COMPLIANCE A. CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the 5applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Page 13 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. (For contracts with Federal funding, add paragraphs C & D) C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION A. CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three'(3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to LOCAL AGENCY. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. ARTICLE XVIII FUNDING REQUIREMENTS A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this contract in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds. Page 14 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds. ARTICLE XIX CHANGE IN TERMS A. This contract may be amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY's Contract Administrator. C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by LOCAL AGENCY's Contract Administrator. ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs'. Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. The goal for DBE participation for this contract is %. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DBE Information (Exhibit 10-02) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the perfornance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT -assisted agreements. Failure by CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL AGENCY deems appropriate. D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section. E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f). A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors. G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. Page 15 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT's authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subconsultants" is submitted to the Contract Administrator. K. If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. if a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY's Contract Administrator within 30 days. ARTICLE XXI CONTINGENT FEE CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XXII DISPUTES (Choose either Option I or Option 2) (Option I - Use paragraphs A through C below for all contracts without PS&E submittal) A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY's Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT. B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this contract. (Option 2 - Replace Paragraph B, above, with the following for contracts requiring the submission of PS&E) Page 16 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. ARTICLE XXIII INSPECTION OF WORK CONSULTANT and anv subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis. ARTICLE XXIV SAFETY (Use on all contracts regardless of funding source) A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. (Add to all contracts, which may require trenching offr`ve feet or deeper) D. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) pennit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper. ARTICLE XXV INSURANCE (Choose either Option I or Option 2) (Option I - for Contracts with a scope ofservices that may require the consultant or subconsultant to work within the operating state or Local Agency Highway Right of Way, where there would be exposure to public traffic or construction operations) A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence. B. The Certificate of Insurance will provide: That the insurer will not cancel the insured's coverage without 30 days prior written notice to LOCAL AGENCY. 2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this contract are concerned. Page 17 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language 3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy. C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, CONSULTANT agrees to provide at least thirty (30) days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the teen of the contract, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event. (Option 2 - For Contracts with a scope of services that will not require the Consultant or subconsultant to work within the operating State or LOCAL AGENCY Highway Right of Tf'ay where there would be exposure to public traffic or construction Consultant operations) CONSULTANT is not required to show evidence of general comprehensive liability insurance. ARTICLE XXVI OWNERSHIP OF DATA A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this contract will automatically be vested in LOCAL AGENCY; and no further agreement will be necessary to transfer ownership to LOCAL AGENCY. CONSULTANT shall furnish LOCAL AGENCY all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable fonn, are intended for one-time use in the construction of the project for which this contract has been entered into. C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by LOCAL AGENCY of the machine-readable information and data provided by CONSULTANT under this contract; further.. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT. D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal -aid contracts). E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. ARTICLE XXV1I CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR A. if claims are filed by LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's personnel, and additional infonnation or assistance from CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSULTANT's personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Page 18 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this contract. C. Services of CONSULTANT's personnel in connection with LOCAL AGENCY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims. ARTICLE XXVIII CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY's operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or LOCAL AGENCY's actions on the same, except to LOCAL AGENCY's staff, CONSULTANT's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. CONSULTANT shall not -issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY'S written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. (For PS&E contracts add paragraph F, below, to paragraphs A through E, above) F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity other than LOCAL AGENCY. ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board. ARTICLE XXX EVALUATION OF CONSULTANT CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record. Page 19 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE XXXI RETENTION OF FUNDS A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section. (Local agency to include either B, C or D below; delete the other two) B. No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultants and subconsultants. C. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 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 consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultant and subconsultants. D. 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 consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within thirty (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 CFR 26.29) requires that any delay or postponement of payment over thirty (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 Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultant and subconsultants. Page 20 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R ARTICLE XXXII NOTIFICATION A&E Sample Contract Language All notices hereunder and communications regarding interpretation of the terms of this contract and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: CONSULTANT (CONSULTANT) (NAME) Project Manager (ADDRESS) LOCAL AGENCY: (LOCAL AGENCY) (NAME) Contract Administrator (ADDRESS) ARTICLE XXXIII CONTRACT The two parties to this contract, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this contract as evidenced by the signatures below. ARTICLE XXXIV SIGNATURES (Name of CONSULTANT) (Signature) (Name of Signer) Date: (Name of LOCAL AGENCY) (Signature) (Name of Signer) Page 21 of 21 August 2016 Bidder's List for Construction Management - 2018 Companv Name Phone AESCO, Inc. 714-375-3830 AndersonPenna Partners, Inc. 949-428-1500 Arcadis 714-730-9052 Berg & Associates, Inc. 310-548-9292 CivilSource, Inc. 949-585-0477 CSG Consultants, Inc. 714-568-1010 DIRTONU, Inc. DBA MUROW 949-398-6735 DMc Engineering 949-753-9393 Dudek 760-207-3405 Ghirardelli Associates, Inc. 714-852-9012 Harris & Associates, Inc. 949-655-3900 ext. 2321 Interwest Consulting Group 714-899-9039 KOA Corporation 714-573-0317 Pso ma s 714-481-8026 Syrusa Engineering, Inc. 714-784-6700 Transtech Engineers, Inc. 909-595-8599 Vali Cooper & Associates, Inc. 951-788-6028 Wallace & Associates 951-966-7774 Willdan Engineering 714-978-8200 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Wallace and Associates Consulting, Inc. OVERALL RANKING: 1 out 19 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Senior Civil Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 94 Vendor #5 — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the work to be done 24 25 Experience with similar kinds of work 20 20 Quality of staff for work to be done 13.7 15 Capability of developing innovative or advanced techniques 9.7 10 Familiarity with state and federal procedures 7.3 10 Financial responsibility 10 10 Demonstrated Technical Ability 9.3 10 Total II. DUE DILIGENCE REVIEW • The Cities of Laguna Niguel, City of Irvine and the City of Garden Grove were contacted for references regarding Wallace and Associates. The City received positive reviews. Wallace and Associates Consulting, Inc. — Summary of Review • Wallace and Associates scored high in all seven categories in the review. Wallace and Associates Consulting, Inc. — Pricing • Low end from $86/Hr for Labor Compliance • High end to $174/Hr for Proiect Manaqer 388 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Dudek. OVERALL RANKING: 2 out 19 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Senior Civil Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 90.1 Vendor #5 — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the work to be done 24 25 Experience with similar kinds of work 19 20 Quality of staff for work to be done 13 15 Capability of developing innovative or advanced techniques 6.7 10 Familiarity with state and federal procedures 9.7 10 Financial responsibility 10 10 Demonstrated Technical Ability 7.7 10 Total II. DUE DILIGENCE REVIEW • Dudek has previously provided construction management services to the City with high -quality results. Dudek — Summary of Review • Dudek scored well in all seven categories. In addition, Dudek has previously provided quality construction management services to the city. Dudek — Pricing • Low end from $55/Hr for Labor Compliance • High end to $175/Hr for Project Manager 389 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Vali Cooper and Associates, Inc. OVERALL RANKING: 3 out 19 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2, Senior Civil Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 86 Vendor #5 — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the work to be done 20.7 25 Experience with similar kinds of work 17.3 20 Quality of staff for work to be done 13 15 Capability of developing innovative or advanced techniques 9.3 10 Familiarity with state and federal procedures 6.7 10 Financial responsibility 10 10 Demonstrated Technical Ability 9 10 Total II. DUE DILIGENCE REVIEW • References were checked with the Cities of Cypress, Rancho Palos Verdes and South Gate. All references were positive. Vali Cooper and Associates — Summary of Review • Vali Cooper scored well in all categories and has a large hands-on experienced staff to assist the City of Huntington Beach. Vali Cooper and Associates — Pricing • Low end from $156/Hr for Labor Compliance • High end to $228/Hr for Contract Manager 90 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Arcadis, U.S., Inc. OVERALL RANKING: 4 out of 19 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Contract Administrator 3. Senior Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 81.6 Arcadis — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the work to be done 21.3 25 Experience with similar kinds of work 12.3 20 Quality of staff for work to be done 14.3 15 Capability of developing innovative or advanced techniques 8.3 10 Familiarity with state and federal procedures 9.7 10 Financial responsibility 10 10 Demonstrated Technical Ability 7.7 10 Total II. DUE DILIGENCE REVIEW • Clients such as Irvine Ranch Water District, City of Los Angeles, and East Valley Water District (to name a few) Arcadis — Summary of Review • Arcadis scored well in all the categories. In addition, Arcadis demonstrated that they have experienced water, sewer and pipeline construction managers and inspectors. Arcadis — Pricing • Low end from $55/Hr for Field Investigator • High end to $221/Hr for Project Manager 391 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Vendor #5. OVERALL RANKING: 5 out of 19 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Contract Administrator 3. Senior Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 80.7 Vendor #5 — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the work to be done 21.7 25 Experience with similar kinds of work 15 20 Quality of staff for work to be done 10.7 15 Capability of developing innovative or advanced techniques 8.3 10 Familiarity with state and federal procedures 7.0 10 Financial responsibility 10 10 Demonstrated Technical Ability 8 10 Total II. DUE DILIGENCE REVIEW • The city is familiar with Vendor #5 because of their past work history with the city projects. VENDOR #5 — Summary of Review • Vendor #5 has worked with the City of Huntington Beach on past projects and has performed satisfactory work. VENDOR #5 — Pricing • Low end from $81/Hr for Labor Compliance • High end to $329/Hr for Project Manager 0% City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk December 17, 2018 Dudek Attn: Dave Carter 605 Third Street Encinitas, CA 92024 Dear Mr. Carter: Enclosed is a copy of the fully executed "Professional Services Contract between the City of Huntington Beach and Dudek for On Call Management and Engineering Services" approved by the Huntington Beach City Council on November 5, 2018. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk December 3, 2018 Dudek Attn: Dave Carter 605 Third Street Encinitas, CA 92024 Dear Mr. Carter: Enclosed is a copy of the fully executed "Professional Services Contract between the City of Huntington Beach and Dudek for On Call Management and Engineering Services" approved by the Huntington Beach City Council on November 5, 2018. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand