HomeMy WebLinkAboutFPL and Associates, Inc. - 2018-10-01City of Huntington Beach
File #: 18-353 MEETING DATE: 10/1/2018
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
Transportation Engineering Services with Albert Grover & Associates, ADVANTEC Consulting
Engineers, Inc., and FPL and Associates, Inc., each in an amount not to exceed $300,000
Statement of Issue:
The Public Works Department requires on call transportation engineering services to support and
supplement staff for the design 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 transportation engineering service contracts have a total maximum value of
$900,000 over the next three years, and individual tasks 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:
[1;A) Approve and authorize the Mayor and City Clerk to execute a $300,000 "Professional Services
Contract Between the City of Huntington Beach' and Albert Grover & Associates, Inc. for On Call
Transportation and Engineering Services;" and, '4C.0— � (�
I'B) Approve and authorize the Mayor and City Clerk to execute a $300,000 "Professional Services
Contract Between the City of Huntington Beach and ADVANTEC Consulting Engineers, Inc. for On
Call Transportation and Engineering Services;" and, 4'e—Q,
C} Approve and authorize the Mayor and City Clerk to execute a $300,000 "Professi not al-Sepaic
Contract Between the City of Huntington Beach and FPL and Associates, Inc. for On Call
Transportation and Engineering Services."
Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects
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File #: 18-353 MEETING DATE: 10/1/2018
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..
Eleven (11) proposals were received for transportation engineering services. In accordance with
qualifications based selection 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
Principal Civil Engineer, a Senior Civil Engineer, and a Public Works Contract Administrator. After
conducting the entire evaluation process, including negotiating for competitive rates, the top three (3)
firms were selected, and they are Albert Grover & Associates, ADVANTEC Consulting Engineers,
Inc., and FPL and Associates, Inc. Retaining three firms provides an opportunity for competitive
proposals on individual projects from qualified on -call consultants and provides a broader range of
technical expertise. A summary of evaluation sheets for the top (3) firms, and the fourth (4th) firm not
selected are shown in Attachment 4.
The contracts recommended in this Request for Council Action (RCA) are to support staff for
transportation engineering. 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 or studies. 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 contract services are
necessary and whether appropriate funds have been budgeted in the applicable fiscal year.
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.
Transportation engineering services are typically required for signal improvements, signing and
striping, street lighting, and signal synchronization related CIP projects. Therefore, these consultants
were selected to meet projected workload over the next three years with a total contract limit of
$900,000.
This agenda item does not require Public Works Commission action.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
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File #: 18-353 MEETING DATE: 10/1/2018
Attachment(s):
1. Professional Services Contract between the City of Huntington Beach and Albert Grover &
Associates for On Call Transportation Engineering Services
2. Professional Services Contract between the City of Huntington Beach and ADVANTEC
Consulting Engineers, Inc. for On Call Transportation Engineering Services
3. Professional Services Contract. between the City of Huntington Beach and FPL and
Associates, Inc. for On Call Transportation Engineering Services
4. Professional Service Award Analysis for Albert Grover & Associates, ADVANTEC Consulting
Engineers, Inc., FPL and Associates, Inc., and Vendor #4
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FPL & ASSOCIATES, INC.
FOR
ON CALL TRANSPORTATION 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 FPL & Associates, Inc., a California corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide on call
transporation 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,
8
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 Fong -Ping Lee 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.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on October 1
, 2018' (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 Three Hundred Thousand Dollars ($300,000).
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."
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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. IIOLD 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
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($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:
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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
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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
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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: Bill Janusz
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
FPL & Associates, Inc.
ATTN: Fong -Ping Lee
30 Corporate Park, Suite 401
Irvine, CA 92606
949-252-1688
When CITY's consent/approval 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
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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
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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
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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.
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CONSULTANT,
FPL & Associates, Inc.
COMPANY NAME
A California Corporation
By:
h - pill ee
print name
ITS: (circle one) Chairman/ eR i Vice President
CITY OF HUNTINGTON BEACH, a
municipal corporation of th State of
Californian _ _ ;)A
ity Clerk /o- 8 dr
IkND INITIATED AND APPROVED:
By .rector of Public orks
%r e
rin name
ITS: (circle on ecret Chief Financial Officer/Asst.
Secretary -Treasurer REVIE D APPROVED:
ity anager
APPROVED AS
Attorney
1 I of l l
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 Transportation 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 Rate
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
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
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FPL & ASSOCIATES, INC.
FOR
ON CALL TRANSPORTATION AND ENGINEERING SERVICES
Table of Contents
Scope of Services
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
Independent Contractor............................................................................................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
DATE [MM1DD, YYY)
�! CERTIFICATE OF LIABILITY INSURANCE
8I29I2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 CONTACT
NAME: Dawn Ste hens-Wri ht
Wood Gutmann & Bogart Insurance Brokers PHOkC,NENo, .xt); 714-824-8348 �1FAX No): 714-573-1770
License #0679263 E-MAIL
15901 Red Hill Ave., Suite 100 ADDRESS:dawn@wgbib.com
Tustin CA92i80 NAIrA
INSURER A: Ohio Security nsurance Co 24082
INSURED F;1:AS-1 INSURER B : American Fire and Casualty Co 24066
FPL and Associates, Inc.
30 Corporate Park, Ste 401 INSURER C: Lloyds of London 85202
Irvine CA 92606 INSURER D:
INSURER E
INSURER F :
ChVFRAr;FS CFRTIFICATF Nt1MRFR! 1!3913R7RR4 REVISION NUMBER -
THIS )S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTVOTH STAN DING 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 INSURANCEINSID
ADDL
SUBR
WVD.POLICY NUMBER
, IPOLICY EFF
MM/DD/YYYY
I POLICY EXP
MMIDDfYYYY LIMITS
A
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COMMERCIAL GENERAL LIABILITY
i 9KS5709`393
1/12i2018
1/122019
EACH OCCURRENCE S 1,GOg000
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GEN'L AGGREGATE LIMIT APPLIES PER:
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DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES IACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER VESTING' APPROVED AS TOThe City of Huntington Beach, its officers, elected or appointed officials, employees agents, and volunteers KAM
BY
y MICHAEL E. GATES
,11Z11
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
CERTIFICATE HOLDER CANCELLATION
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
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
City of Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
(714) 536-5227 o www.huntingtonbeachea.gov
Office of the City Clerk
Robin Estanislau, City Clerk
October 8, 2018
FPL & Associates, Inc.
Attn: Fong -Ping Lee
30 Corporate Park, Suite 401
Irvine, CA 92606
Dear Mr. Lee:
Enclosed is a copy of the fully executed "Professional Services Contract between the City of
Huntington Beach and FPL & Associates, Inc. for On Call Transportation and Engineering
Services."
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities. Anjo, Japan ♦ Waitakere, New Zealand
Statement of Qualifications for On -Call
Transportation Engineering Services
k A, Am
PREPARED 'qM
JANUARY 11, 2018
-iii{jt�l'+{�
.rc.,
S
Jl _
z.
PREPARED BY:
FPL ind Associates it e
30 CORPORATE PARK, SUITE 401, IRVINE, CA 92606
(949)252-1688
The above map reflects areas where FPL has performed work either for or in the City of Huntington Beach.
FPL and Associates, Inc.
•
Statement of Qualifications for On -Call Transportation Engineering Services
Table of Contents
A.
Cover Letter
B.
Vendor Application Form
C.
Pre -Qualification Form
D.
Firm Qualifications
a. Summary of Capabilities......................................................................................1
b. Key Personnel........................................................................................................2
c. Public Agency References...................................................................................2
d. Synopsis of Proposal............................................................................................6
e. Resumes....................................................................................(see Appendix A)
E.
Staffing
a. Organization Chart...............................................................................................7
F.
Understanding & Methodology
a. Understanding of the City....................................................................................8
b. Objectives to be Accomplished...........................................................................8
•
c. Capability of Developing Innovative or Advanced Techniques .:...:.::............9
d. Solutions to Similar Projects........................................................ 9
e. Detailed Descriptions of Efforts FPL will take to Achieve City Satisfaction ........ 10
f. Familiarity with State and Federal Procedures...............................................10
g. Financial Responsibility......................................................................................10
h. Technical Ability..................................................................................................11
Appendix A: Resumes
Appendix B: Forms 10-01, 10-02, and 10-Q
Cost Proposal/ Rate Sheet (see separate sealed envelope)
E
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
• January 11, 2018
City of Huntington Beach - City Clerk's Office, 2nd Floor
ATTN: Jim Slobojan, Fiscal Services Division
2000 Main Street
Huntington Beach, California 92648
RE: On -Call Transportation Engineering Services
in response to Request for Qualifications (RFQ) released November 28, 2017
Dear Mr. Slobojan:
FPL and Associates, Inc. (FPL), a local, small, (U)DBE firm, is pleased to submit this proposal to provide "On -Call"
Transportation Engineering Services for the City of Huntington Beach. The FPL Team is ready and eager to
continue to support the City in achieving on -time, on -budget project delivery under this important program.
Significant City of Huntington Beach "On -Call" Experience: Since 2006, for the City, FPL has been
responsible for the design of nine (9) traffic signals (modifications and new), signing and striping for at least
sixteen (16) street segments (including bike lanes), and street lighting for almost one dozen street segments
(including converting 5KV series street lighting systems to 240V along six roadways including Pacific Coast
• Highway (PCH)). In addition, FPL has prepared a citywide Left Turn Phasing Study of 47 intersections, as well
as a Feasibility Study for enhancing the capacity of the intersection of PCH and Warner Avenue. Most recently,
FPL has been supporting the City with E-76 documentation for federally funded safety projects.
Extensive Overall "On -Call" Experience: Below are sample projects for some other local agencies in
Orange and Los Angeles Counties for which FPL currently provides "on -call" engineering services:
City of - Edinger Avenue Bridge Traffic Control: staff augmentation / plan review
Huntington - 111h Street: street lighting
Beach - 171h Street / Utica Avenue / Main Street & Bola Chica Street I Pearce Drive: left turn phasing traffic
signal modification and new traffic signal. respectively
- Gothard Street / Slater Avenue: left turn phasing traffic signal modification and interconnect
City of Irvine I - Warner Avenue / Paseo We
left turn phasing traffic signal modification
City of - Tustin Street / Chapman Avenue: traffic signal modification for right turn lane improvements
Orange - Tustin Street / Katella Avenue: traffic signal modification for right turn lane improvements
Caltrans - SR-39 (Beach Boulevard) between Atlanta Avenue in Huntington Beach and Cypress Street in La
District 12 Habra: ADA safety project
- SR-90 between Beach Boulevard in La Habra and Rose Drive in Placentia: ADA safety project
- SR-74 (Ortega Highway) between 1-5 and SR-74: ADA safety project
• - SR-133 between El Toro Road and SR-241 in Laguna Beach, Irvine, and unincorporated County of
Orange: MGBR replacement safety project
C J
17J
0
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
Sample Transportation Engineering • Projects
in the Last 5 Years Within O•• and Los Angeles• • ••
POLB
- Pavement Rehabilitation of Edison Avenue and Lugger Way: worksite traffic control
METRO
- Rail to Rail: traffic signals, street lighting, signing and striping, and civil engineering improvements for
20+ intersections
LAWA
- Sepulveda Boulevard / Imperial Highway: traffic signal design for joint Caltrans D7 and City of El
Segundo review
- Arbor Vitae Street / Aviation Boulevard: traffic signal, signing and striping, and street lighting for joint
City of Los Angeles and City of Inglewood review
LAUSD
- South Region High School #9, South Gate: traffic and pedestrian safety mitigation report
City of Los
- Venice Dual Force Main: traffic signals, signing and striping, worksite traffic control, street lighting for
Angeles
sewer line installation
- Temescal Canyon Park Stormwater Best Management Practice: worksite traffic control installation
- State Street Bridge Widening Over SCRRA: traffic signals, signing and striping, worksite traffic control
- Soto Street Bridge Widening Over Valley Boulevard: traffic signals, signing and striping, street lighting,
worksite traffic control
- 111 Street Bridge Over Glendale Boulevard Improvements: signing and striping, worksite traffic control
Trusted Leadership: Mr. Alex Zupanski, P.E., T.E. will serve as Project Manager for all assignments. Alex is a
transportation engineering specialist with over 24 years of experience delivering projects throughout Southern
California, including numerous projects for City of Huntington Beach projects, as well as a variety of "on -call'
projects for agencies such as Caltrans District 12 and many other municipalities, including the Cities of Irvine and
Los Angeles. Alex is especially skilled at managing projects with tight deadlines that are under the jurisdiction of
multiple agencies. Mr. Fong -Ping Lee, P.E., T.E., founder and President of FPL, will serve as Principal -in -Charge
and Traffic Studies Lead.
The FPL Team appreciates the opportunity to submit this proposal, We hope you will agree that the FPL Team
will bring ideal experience and unique knowledge to the program. Thank you for your time and consideration.
Respectfully yours,
FPL and Associates, Inc.
Fong -Ping Lee, P.E., T.E.
President & Principal -in -Charge & Traffic Studies Lead
Alex Zupanski, P.E., T.E.
Vice President — Traffic & Project Manager
•
•
REQUEST FOR PROPOSAL
VENDOR APPLICATION FORM
TYPE OF APPLICANT: ❑ NEW F-_1 CURRENT VENDOR
Legal Contractual Name of Corporation:
Contact Person for Agreement: Fong -Ping Lee
Corporate Mailing Address: 30 Corporate Park, Suite 401
FPL and Associates, Inc.
City, State and Zip Code: Irvine, CA 92606
E-Mail Address: fplee@fplandassociates.com
Phone: (949) 252-1688
Contact Person for Proposals: Fong -Ping Lee
Title: President
Business Telephone: (949) 252-1688
Fax: (949) 252-0088
E-Mail Address: fplee@fplandassociates.com
Business Fax: (949) 252-0088
Is your business: (check one)
❑ NON PROFIT CORPORATION F-� FOR PROFIT CORPORATION
Is your business: (check one)
F CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
1 of 2
U
L-1
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names
Fong -Ping Lee
Irene Lee Wyatt
Title
President
Secretary of the Board of
Directors
Federal Tax Identification Number: 33-032320
Phone
(949) 252-1688
(949) 252-1688
City of Huntington Beach Business License Number: A26853
(If none, you must obtain a Huntington Beach Business License upon award of contract.)
City of Huntington Beach Business License Expiration Date: 4/30/20 1 8
of
C,
LJ
EXHIBIT A: PRE -QUALIFICATION FORM
ON -CALL TRANSPORTATION ENGINEERING SERVICES
SERVICE CATEGORY PROPOSING? Y/N
(circle)
A. Transportation Engineering Yes No
_ (Initial) Consultant is willing to execute the sample Agreement as drafted, including any other
potentially 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.
(Initial) Consultant is able to provide the insurance as required, including any other potentially
more restrictive terms and conditions as outlined in Caltrans' LAPM, Exhibit 10-R (See Appendix
B & C).
Firm Name: FPL and Associates, Inc.
Firm Address: 30 Corporate Park, Suite 401, Irvine CA 92606
Signature:
Date: 1 /11 /2018
0
C -I
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
Firm Qualifications
Summary of Capabilities
FPLFPL and Associates, Inc. (FPL) was established in 1988 by former City of
Irvine staffer, Fong -Ping Lee, P.E., T.E. and has since been providing "on -call"
transportation engineering services. Since 2006, FPL has provided "on -call" transportation
engineering services for the City of Huntington Beach, including traffic signal, interconnect,
signing and striping, and street lighting design; as well as traffic studies. Overall, FPL has
extensive "on -call" experience, including with the Cities of Irvine, Mission Viejo, Santa Ana, and
Los Angeles; Caltrans (District 7 and 12); County of Los Angeles; Port of Long Beach; Los Angeles
Unified School District; L.A. METRO; and the United States Air Force. FPL's transportation
engineering experience includes well over S00 traffic signals and more than 100 miles of
signing, striping, and lighting throughout Southern California; and approximately 100 state
route and interstate corridor and ramp improvements (reviewed and approved by Caltrans).
As a certified disadvantaged business enterprise (DBE) that has participated in numerous
federally funded projects, FPL is familiar with a variety of federal and state requirements, and
including Local Assistance Provisions Manual requirements.
✓ Traffic signal design, including new signals,
signal modifications, and interconnect
✓ Signage design, including changeable
message signs (CMS), roadside signs, and
overhead signs
✓ Pavement delineation design
✓ Street and highway lighting design (including
photometric calculations)
✓ Traffic Control & Staging Plan
✓ Intelligent Transportation System (ITS)
design
✓ Technical specifications
✓ Construction cost estimates
1
✓ Traffic studies
✓ SYNCHRO
✓ Signal timing and coordination
✓ Plan check
✓ CA MUTCD / ADA Compliance
✓ Geometric improvements (street
widening/narrowing/realignment, intersection
improvements)
✓ Caltrans PS&E
✓ Field verification
✓ Traffic calming design
✓ Attendance at public outreach events, City
Council meetings, etc.
FPL and Associates, Inc.
. Statement of Qualifications for On -Call Transportation Engineering Services
Key Personnel
•
Fong -Ping Lee Alex Zupanski
1
Principal -in -Charge Project Manager Quality Manager
P.E., T.E. P.E., T.E. P.E., T.E.
34 Total Years 24 Total Years 46 Total Years
29 with FPL and Associates 13 with FPL and Associates 6 with FPL and Associates
Ph.D.(1983)
Civil (Transportation) Engineering, M.S. (1997)
University of Texas, Austin Transportation Engineering M.S. (1974)
California State University, Long Transportation Engineering
M.S. (1976) Beach San Jose State University
Transportation Planning
National Taiwan University B.S. (1993) B.S. (1964)
Civil Engineering Civil Engineering
B.S. (1974) California State Polytechnic University of California, Berkeley
Civil Engineering University, Pomona
National Taiwan University
• City of Huntington Beach "On- • City of Huntington Beach "On- • POLB "On -Call 2013 Port -Wide
Call" Transportation Call" Transportation Slurry Seal Program
Engineering Program Engineering Program • City of Irvine "On -Call" Warner
• City of Los Angeles "On -call" • City of Irvine "On -Call" Warner Avenue / Jamboree Road
Bridge Improvement Program, Avenue / Paseo Westpark Northbound On -Ramp
Los Angeles Traffic Signal Modifications Intersection Improvements
• LAUSD "On -Call" SRHS #9 • Caltrans District 12 "On -Call" • County of Angeles "On -Call"
Traffic and Pedestrian Safety Traffic Electrical Design Grand Avenue Traffic Signal
Mitigation Report • OCTA OC Streetcar Synchronization
• City of Irvine "On -Call" Various . METRO 1-405 Sepulveda Pass • OCTA OC Streetcar
Intersection Improvement Improvements, Los Angeles • OCTA SR-22 Design -Build
Projects • SCRRA "On -Call" Los Angeles • OCTA West County Connectors
• Caltrans District 12 "On -Call" County Grade Crossing Safety • METRO Foothill Gold Line
Traffic Electrical Design Improvement Program, Covina Extension from Pasadena to
• OCTA OC Streetcar and Baldwin Park Azusa
isPublic Agency References
L`
City of
Huntington Beach
Mr. William F.
Janusz, P.E.,
PTOE, Principal
Civil Engineer
(714)536-5431
wianusz@surfcity-
hb.org
•
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
City of Huntington Beach "On -Call" Transportation
Engineering - For the City of Huntington Beach, FPL has
been responsible for a variety of "on -call" transportation
engineering projects,
including:
Traffic Signals: Yorktown
Avenue and Windward a..
Lane (installation),
Indianapolis Avenue and
Titan Lane (installation),
Hamilton Avenue and
Newland Street (installation), Slater Avenue and Edwards
Street (modification), Main Street and 17th Street / Utica
Avenue (modification), Gothard Street and Slater Avenue
(modification), Bolsa Chica Street and Pearce Drive
(installation)
Signing and Striping: Yorktown Avenue and Windward
Lane, Indianapolis Avenue and Titan Lane, Hamilton
Avenue and Newland Street, Graham Street — Edinger
Avenue to Bolsa Avenue (bike lanes), Ward Street —
Yorktown Avenue to Garfield Avenue, Yorktown Avenue
— Main Street to Delaware Street, Yorktown Avenue —
Brookhurst Street to Ward Street, Garfield Avenue —
Bushard Street to Ward Street (coordinated with City of
Fountain Valley), Slater Avenue — Graham Street to
Goldenwest Street, Edwards Street — Slater Avenue to
Warner Avenue (school crossing), Garfield Avenue —
Newland Street to Magnolia Street, Gothard Street — Heil
Avenue to Edinger Avenue, Magnolia Street — Atlanta
Avenue to PCH, Magnolia Street — Warner Avenue to I-
405, Slater Avenue — Newland Street to Beach Boulevard,
1st Street — PCH to Orange/ Atlanta Avenue (Downtown),
Huntington Street — Pacific View Avenue to Atlanta
Avenue (Downtown), Pecan Avenue — Main Street to
Lake Street (Downtown), Atlanta Avenue — 1st Street to
Huntington Street (Downtown)
Street Lighting: Orange Avenue - 2nd Street to 11th
Street, 6th Street - Orange Avenue to Walnut Avenue,
7th Street - Palm Avenue to PCH, Palm Avenue - 7th
Street to 17th Street, Olive Avenue - 1st Street to 17th
Street, Main Street - 14th Street to Acacia Avenue, PCH -
Main Street to 1st Street, Magnolia Street — PCH to canal
(pedestrian lighting), 11"' Street
Traffic Studies: PCH / Warner Avenue Intersection
Capacity Enhancement Feasibility Study and Left Turn
Phasing Study of 47 Intersections
Interconnect / Communication: Yorktown Avenue and
Windward Lane, Indianapolis Ave. and Titan Lane, Main
Street and 17th Street / Utica Ave., Hamilton Ave. and
Newland Street, Gothard Street
Dates: 2006 - Ongoing
Alex Zupanski — ✓ City of
Project Manager Huntington
Beach
Fong -Ping Lee —
✓ "On -Call"
Traffic Studies
✓ Traffic signals
Lead
✓ Signing &
striping
Alex Eapen —
✓ Street lighting
E-76 Support
✓ Traffic studies
✓ Traffic signal
Alan Lee —
interconnect/
Civil Engineer
communication
FPL and Associates,
Inc.
Services
Statement of Qualifications for On
-Call Transportation Engineering
&
DescriptionClient
Project, including
Reference
City of Irvine
City of Irvine "On -Call"
Responsibilities
Alex Zupanski -
✓ "On -Call"
Warner Avenue/ Paseo
Project Manager
✓ Municipal
Mr. Darrell
Westpark Traffic Signal _
transportation
Hartman, P.E.,
Modifications - This capital
Fong -Ping Lee-
engineering
Project Manager
g
improvement project,
Principal in
✓Traffic signal
located near a K-12 school,
Charge
modifications
(949) 901-1753
increases safety by
✓ Signing and
dhartman@ci.irvi
implementing protected left turn phasing, as well as
Mike Honda -
striping
ensures compliance with the American with Disabilities
Design Engineer
✓Orange County
ne.ca.us
Act (ADA) and the California Manual on Uniform Traffic
✓ FPL was prime
Control Devices (CA MUTCD). FPL proposed a number of
✓ Federally
value engineering ideas which helped reduce the design
cost of the project.
funded project
Dates: 2015 - 2017.
City of Orange
City of Orange Tustin
Alex Zupanski -
✓ City of Orange
Street at Chapman
Project Manager
✓ Municipal
Mr. Eduardo
Avenue & Tustin
transportation
Lopez, P.E.,
Street at Katella -
Fang -Ping Lee -
engineering
Associate Civil
Avenue Traffic Signal +'. M
Principal -in-
✓ Traffic signal
Engineer
Modifications -For Q
Charge
modifications
these two ongoing traffic signal modification projects for
✓ Signing and
(714) 744 5227
the City of Orange, FPL is designing traffic signal
Huy Trinh -
striping
edlopez@cityofor
modification plans that allow for right turn lane
Design Engineer
✓Orange County
anse.ore
•
improvements (the City is responsible for the geometric
✓ FPL is prime
design). FPL has worked closely with City maintenance
staff to understand the make and models of various
equipment, including CCTV systems, GPS EVP systems,
video detection systems, LED IISNS, LED luminaires so
that improvements are made that will facilitate
maintenance and operations.
Dates: 2017 - Ongoing
City of Los
City of Los Angeles Venice Pumping Plant Dual Force
Alex Zupanski -
✓ "On -Call"
Angeles
Main, Marina del Rey and Playa del Rey - During severe
Project Manager
✓ Municipal
wet weather, peak flows to the County of Los Angeles's
transportation
Mr. Fabio Arias,
Venice Pumping Plant exceed the capacity of the only
Fong -Ping Lee -
engineering
P. E
force main carrying wastewater away from the plant.
principal -in-
✓ Traffic control
Transportation
The resultant risk is that wastewater could spill onto City
Charge
✓ Traffic signals
Engineer
of Los Angeles streets and surface waters. Thus, the City
g y
✓Street lighting
of Los Angeles is adding a second, larger 54" force main
Henry Trinh -
✓ Traffic control
(213) 485-5046
sewer to operate in tandem with the existing one, to be
Design Engineer
fabio.arias(dlacity
installed using microtunnelling. FPL is responsible for the
design of temporary traffic control plans, temporary and
Huy Trinh -
or
restoration traffic signal plans, signing and striping plans,
and street lighting plans.
Design Engineer
Dates: 2008, then project put on hold, resumed 2014 -
2016.
1r
u
•
•
•
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
City of Santa Ana OCTA OC Streetcar, Santa and Garden Grove — This
project will link the
Mr. Sean Thomas, Santa Ana Regional
Project Manager Transportation Center o"
to a new multimodal
(714) 647-5655 hub at Harbor
sthomas5@santa-
ana.orR Boulevard/Westminster Avenue in Garden Grove and
serve the historic downtown Santa Ana and Civil
Center. It runs 4.15 miles in each direction along
Santa Ana Boulevard, 4th Street, and the Pacific
Electric right-of-way to Harbor Boulevard. For this
multi -modal project, FPL is responsible for all traffic
engineering design, including traffic signal, signing
and striping, street lighting, and maintenance of
traffic design. FPL's traffic engineering design has
taken into account the streetcar users, motorists,
bicyclists, and pedestrians that will share the
aforementioned roadways. Specifically, FPL has
worked closely with the City of Santa Ana on
implementation of the City of Santa Ana Bikeway
Master Plan.
Dates: 2016 - Ongoing.
City of Los County of Los Angeles "On -Call" Bridge Improvement
Angeles Program, Los Angeles - FPL has performed "on -call"
transportation engineering (traffic signals, signing,
Mr. Diep Nguyen, striping, street lighting, traffic studies, traffic signal
Street Lighting interconnect, traffic control) and civil engineering for
Engineer the following:
• Riverside Drive viaduct replacement over Los Angeles
(213) 847-1441 River;
diep.nguyen@laci • 1st Street viaduct widening t
tV.org over Los Angeles River;
• Tampa Avenue bridge
widening over Los Angeles
River, including solar -
powered lighting plan for bike
lane along river (SEE PHOTO);
• Overland Avenue bridge widening over 1-10;
• State Street bridge widening over SCRRA
• Glendale -Hyperion Viaduct Complex Improvements;
• La Tijera Boulevard bridge widening over 1-405;
• Soto Street bridge widening over Valley Boulevard;
• 1st Street over Glendale Boulevard improvements;
• US-101 at Los Angeles Street/Main Street sidewalk
art improvements construction support.
Dates: 2002 - ongoing.
61
Alex Zupanski —
Project Manager
Fong -Ping Lee —
Principal -in -
Charge
Huy Trinh —
Design Engineer
Bryan Jones
(Alta) — Principal
Engineer
Alex Zupanski —
Project Manager
Fong -Ping Lee —
Traffic Studies
Lead/ Civil Lead
Dick Ivy —
Transportation
Engineer
Henry Trinh —
Design Engineer
Mike Honda —
Design Engineer
Huy Trinh —
Design Engineer
Alan Lee —
Civil Engineer
✓ Municipal
✓ Transportation
engineering
Traffic signals
✓ Signing and
striping
✓ Street lighting
✓ Traffic control
✓ Orange County
✓ Alta as
subconsultant
✓ "On -Call"
✓ Municipal
transportation
engineering
✓ Traffic signals
✓ Signing &
striping
✓ Street lighting
✓ Traffic studies
✓ Traffic signal
interconnect
✓ Traffic control
✓ Construction
engineering
support
✓ Caltrans PS&E
0
•
LJ
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
Synopsis of Proposal
FPL, a CUCP-certified disadvantaged business
enterprise (DBE, see certification to the right)
founded in 1988, has been providing "on -call"
transportation engineering services for the
City of Huntington Beach since 2006. FPL has
performed extensive traffic signal (new and
modification), signing and striping, street
lighting and interconnect design for the City, in
addition to preparing multiple traffic studies,
0 1T.IFORNI I UNIFIED CERTIFICATION PROGRAM
Dh.AD� 0,1 %GED RUSIN ESS ENTERPRISE C'ER'I'1 FICA'IL
Yrt. aA01. VICIATls, IVl'.
a _
including a study of 47 intersections in the City to determine prioritization for left turn ph asing
improvements. Moreover, FPL has provided services for staff augmentation to assist with plan
review and services to prepare E-76 documents for federally funded projects. Overall, FPL is
very experienced with providing similar "on -call" transportation engineering services to a
variety of municipalities and other public
agencies throughout Southern California,
particularly in Orange and Los Angeles Counties,
including the Cities of Irvine, Orange, and Los
Angeles, as well as Caltrans Districts 7 and 12,
the San Pedro Bay Ports (POLA and POLE), and
L.A. METRO. FPL's dual service offering of civil
engineering and transportation engineering
provides clients with the flexibility to do one -
stop shopping for intersection improvements.
Resumes (see Appendix A)
t:
"I've had the pleasure of working with
FPL for over 10 years. Their tenacity for
providing the best professional and
technical services in the transportation
and infrastructure fields far exceeds the
engineering community. Any developer
or agency, having FPL as a teammate,
would be miles ahead of the
competition."
— Eduardo Cervantes, Third
Party Administration Director,
Los Angeles County
Metropolitan Transportation
Authority (METRO)
FPL and Associates, Inc.
• Statement of Qualifications for On -Call Transportation Engineering Services
Staffing
•
Organization Chart
r�
u
CITY OF HUNTINGTON BEACH
AAMBF A. FHWA
AGENCIES HAVING JURISDICTION
FPL
PRINCIPAL -IN -CHARGE
Fong -Ping Lee, P.E., T.E.
FPL FPL
PROJECT MANAGER QUALITY MANAGER
Alex Zupanski, P.E., T.E. Dick Ivy, P.E., T.E.
FPL FPL FPL
DESIGN ENGINEER DESIGN ENGINEER DESIGN ENGINEER
Signals/ Interconnect/ ITS Signing & Striping/ Traffic Control Street Lighting
Henry Trinh, M.S. Mike Honda Huy Trinh, M.S.
FPL FPL FPL
CIVIL ENGINEER TRANSPORTATION ENGINEER TRANSPORTATION ENGINEER
ADA Compliance E-76 Support Traffic Studies/SYNCHRO
Alan Lee, P.E., QSD/QSP Alex Eapen, P.E., ENV SP Fong -Ping Lee, P.E., T.E.
I
NDS 0
TRAFFIC DATA COLLECTION BIKE FACILITY SUPPORT
Kevin Deal Bryan Jones, P.E., AICP
7
•
•
I -I
LJ
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
Understanding & Methodology
Understanding of the City
FPL has served as an "on -call" transportation engineering consultant for the City since 2006.
Thus, FPL is familiar with City staff, the roadway network of the City, and opportunities and
challenges experienced by the City. With respect to
opportunities and challenges experienced by the City,
FPL has helped the City with preparation of Local
Assistance Procedures Manual paperwork (see photo of
Manual cover to the right), so FPL understands that the
City is well positioned to obtain federal funds for
improvement projects. Meanwhile, FPL has also
provided the City with staff augmentation to review
other consultants' plans, so FPL understands that while
the City has quite a few projects that need to be
delivered, it also needs consultants it can trust to ensure
LOCAL ASSISTANCE
PROCEDURES MANUAL
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2017
Jpsirn el Irengerabe
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that the City's requirements and expectations for quality are fulfilled. As another example, the
City has extensive overhead utilities, so FPL approaches transportation engineering design for
the City with an emphasis on avoiding impacts to such utilities.
Objectives to be Accomplished
For this important "on -call" program, FPL has one simple objective: to help the City meet its
objectives, and thus, to continue a working relationship with the City that we have enjoyed
since 2006. To that end, FPL's understanding of the City's objectives is that the City has a
number of projects that it cannot perform in-house so that reliable consultant support is
needed to help City staffers perform their jobs and improve the quality of life of local residents
and businesses, as well as the experience of visitors to Surf City USA. The support needed by
City staffers ranges from the design of a variety of transportation engineering plans (new and
modified traffic signals, interconnect, signing and striping, street lighting, worksite traffic
control) to data collection and the preparation of traffic studies to plan check services to
8
FPL and Associates, Inc.
. Statement of Qualifications for On -Call Transportation Engineering Services
construction support to E-76 documentation. In particular, for projects in receipt of federal
funds, FPL's certification as a disadvantaged business enterprise (DBE) more than ensures that
the DBE goal for the program will be met.
Capability of Developing Innovative or Advanced Techniques
FPL Project Manager, Alex Zupanski, P.E., T.E. is personally very interested in new technologies
and developments in transportation engineering, and he brings this interest along with his
extensive experience to each new project. For example, Alex has significant experience
converting communication infrastructure to fiber optics. As another example, Alex has
overseen the transportation engineering design for multiple high -profile projects with a multi -
modal emphasis, such as OCTA's OC Streetcar. Consequently, Alex's involvement ensures that
special attention is paid to pedestrian and bicyclist safety.
Meanwhile, FPL as a whole emphasizes sustainable design with staff who are ENV SP and LEED
certified, such as Alex Eapen, P.E., ENV SP, who is also experienced with E-76 documentation.
• FPL is very experienced in designing plans to utilize energy saving equipment, such as LED
fixtures for street lighting. FPL's approaches transportation engineering design so that there
are minimal impacts to i) traffic during construction and ii) existing infrastructure while meeting
all applicable requirements, such as Americans with Disabilities Act (ADT) requirements.
Solutions to Similar Projects
FPL has significant project experience with agencies
that have jurisdiction over "coastal" areas, such as the
San Pedro Bay Ports (POLA and POLB) and the County
of Los Angeles (Marina del Rey), in addition to the City
of Huntington Beach. FPL's experience ensures that
special foundation design is provided for projects
involving high water tables; that our staff interact
exceptionally well with non -engineer local residents
and businesses at public outreach events (see photo
0 to the right); and that all project stakeholders are
FPL and Associates, Inc.
• Statement of Qualifications for On -Call Transportation Engineenng Services
identified and coordinated with, including environmental groups and other agencies having
jurisdiction, such as Caltrans.
Detailed Descriptions of Efforts FPL will take to Achieve City Satisfaction
To achieve client satisfaction, FPL emphasizes strong lines of communication, a strong work
ethic, and a commitment to quality. As a recent example, FPL worked closely with the City
during the weeks before the New Year to ensure that the documents needed to continue
federal support for two projects met deadlines. FPL stayed in close touch with the City, never
hesitating to pick up the phone and emailing when it was appropriate. On the morning of the
last Friday before the New Year, FPL learned that the City needed additional documents by the
afternoon. FPL and the City quickly worked out a list of priorities, and FPL mobilized five
staffers to timely provide to the City not only the mandatory documents that the City had asked
for but also optional -for -the -time -being documents to add to the "request for authorization"
package that the City needed to submit.
0 Familiarity with State and Federal Procedures
To date, FPL, a certified DBE, has participated in approximately 100 corridor and interchange
projects under the jurisdiction of Caltrans. Many of these projects received federal funds, while
others were direct "on -call" assignments for Caltrans, including District 12. FPL has also had
experience priming a project with OCTA that improved approximately ten miles of Interstate 5;
FPL worked closely with both Caltrans District 12 and Headquarters to obtain approval of both a
project study report / project report (PSR/PR) and PS&E. Moreover, FPL has been supporting
the City itself with Local Assistance Procedures Manual documentation. Thus, FPL is familiar
with a variety of State and Federal procedures.
Financial Responsibility
FPL is operated conservatively to minimize business risks. FPL is financially healthy and free
from debt, and our employees and subconsultants are held to the highest ethical standards.
Our internal controls have been set to keep our growth steady, our clients satisfied, our
employee morale high and turnover low, our good name protected, and our business
W]
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
• competitive and upright. We believe that our success ultimately depends on how well we serve
�i
•
our clients and their confidence in us.
Technical Ability
In addition to the projects presented above, the following three projects serve as examples of
FPL's technical abilities. Given FPL's technical strengths, we are able to perform civil and
transportation engineering in-house, obtain joint approvals from agencies such as Caltrans and
the City of Los Angeles, work on some of the largest and most high -profile projects in the
region, deliver projects under significant time pressure, and take over projects begun by other
consultants.
Project
Demonstrated Technical Ability
City of Los Angeles
FPL performed both civil engineering (street improvement) and transportation
Intersection
engineering (traffic signal, signing and striping, street lighting, worksite traffic control)
Improvements for
design for joint Caltrans and City of Los Angeles approval given that Lincoln Boulevard
Lincoln Boulevard
is a state route under the jurisdiction of Caltrans, while 83'd Street is under the
(SR-1) and 83rd Street,
jurisdiction of the City of Los Angeles
Los Angeles
METRO 1-405
For this 10-mile-long, $1-billion-plus design -build project that added a carpool lane to
Sepulveda Pass
1-405 between 1-10 and US-101, FPL performed transportation engineering design for
Improvements, Los
improvements both to the entire freeway corridor (ramp metering, highway lighting,
Angeles
roadside and overhead signs, intelligent transportation system (ITS)), and to impacted,
local streets (traffic signals, street lighting, signing and striping). FPL's plans were
jointly reviewed by Caltrans, the City of Los Angeles, and the County of Los Angeles.
EXPO Venice
For this light rail design -build project for which FPL performed transportation
Boulevard Underpass,
engineering (signing and striping, street lighting, traffic signal) design, as well as
Los Angeles
sanitary sewer and water line relocation design, FPL was brought in to complete
additional traffic signal design after multiple consultants were unable to obtain agency
approval for their design. FPL succeeded in obtaining timely, agency approval.
11
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
•
Appendix A
Resumes
E
0
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
•
ALEX ZUPANSKI, P.E.,
T.E.
Project Manager
SUMMARY
YEARS OF EXPERIENCE
24 Total Years
Alex has been responsible for a variety of local agency and Caltrans transportation
13 with FPL and
engineering -related projects since joining FPL over a decade ago. Prior to joining FPL, Alex
Associates
worked at Parsons for 11 years on a variety of local agency and Caltrans projects.
REPRESENTATIVE PROJECT EXPERIENCE
City of Huntington Beach "On -Call' Transportation Engineering Program I PROJECT
EDUCATION
MANAGER FOR TRAFFIC DESIGN; since 2006, under FPL's "on -call" contract with the City, Alex
Master of Science,
has overseen the design of over half a dozen traffic signals, 16 segments of signing and
1997,
striping — including 4 segments Downtown, 9 segments of street lighting (including the
Transportation
conversion of 5KV series street lighting systems to 240V for six streets including PCH),
Engineering,
pedestrian lighting on Magnolia Street between PCH and the canal (including processing a
California State
Caltrans encroachment permit), and ADA improvements for Main Street and 17th
University,
Street/Utica Avenue.
Long Beach
OCTA OCStreetcar, Santa Ana and Garden Grove I FPL PROJECT MANAGER; Alexis
Bachelor of Science,
overseeing all traffic engineering design, including signing and striping, traffic signal, street
1993,
lighting, and maintenance of traffic design, for this 4.15-mile-long multi -modal project that is
Civil Engineering,
proposed to run along Santa Ana Boulevard, 411 Street, and the Pacific Electric right-of-way to
California State
Harbor Boulevard. FPL's traffic engineering design has taken into account the streetcar users,
Polytechnic University,
motorists, bicyclists, and pedestrians that will share the aforementioned roadways.
Pomona
•
City of Los Angeles "On -Call" Venice Dual Force Main, Marina del Rey and Playa del Rey I FPL
PROJECT MANAGER; in severe wet weather conditions, peak flows to the County of Los
Angeles's Venice Pumping Plant exceed the capacity of the only force main carrying wastewater
REGISTRATIONS
away from the plant. The resultant risk is that wastewater could spill onto local streets and
Professional Engineer
surface waters. This poses a reliability problem for the City of Los Angeles. Thus, the City is
Civil, 59351 CA
adding a second, larger force main sewer to operate in tandem with the existing one, to be
installed using microtunnel ling. Alex is responsible for FPL's design of traffic control, restoration
Professional Engineer
signing and striping, temporary and restoration traffic signal, and street lighting plans for both
Traffic, 2400 CA
County and City review and approval. Alex represented the City at multiple public outreach
events and at multiple meetings with County commissioners to address concerns about traffic
impacts during construction; ultimately, the County agreed to issue a coastal permit to the City.
METRO 1-405 Sepulveda Pass Improvements, Los Angeles I FPL PROJECT MANAGER; Alex
was responsible for FPL's transportation engineering design for this $1-billion-plus design -
build project that closed the 10-mile long HOV lane gap on northbound 1-405 between 1-10
and US-101 and improved supporting infrastructure. Alex has managed the design of
permanent traffic signals for approximately 20 intersections (plus approximately 80
temporary traffic signals), all signing and striping and all temporary street lighting along
impacted local City of Los Angeles and County of Los Angeles streets, and all 10 miles of
highway lighting and sign illumination, overhead signs, ramp metering, and ITS along 1-405.
Alex has played an instrumental role in the coordination of a variety of review and approval
agencies that share joint jurisdiction over the project; these agencies include LADOT, BSL,
Caltrans District 7, and the County of Los Angeles.
SCRRA "On -Call" Los Angeles County Grade Crossing Safety Improvement Program, Covina
and Baldwin Park I FPL PROJECT MANAGER; Alex was responsible for the design of traffic
signals for grade crossing improvements on Citrus Avenue in Covina and grade crossing
•
improvements on Ramona Boulevard in Baldwin Park.
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
is FONG-PING LEE, P.E., T.E.
Principal -in -Charge/ Traffic Studies/ SYNCHRO
YEARS OF EXPERIENCE
34 Total Years
29 with FPL and
Associates
EDUCATION
Doctor of Philosophy,
1983,
Civil (Transportation)
Engineering,
University of Texas,
Austin
Master of Science,
1976,
Transportation
Planning,
National Taiwan
University
Bachelor of Science,
1974, Civil
Civil Engineering,
National Taiwan
University
REGISTRATIONS
Professional Engineer
Civil, 40869 CA
Professional Engineer
Traffic, 1705 CA
LECTURER
University of California,
Irvine
CE125 "Computer -
Aided Geometric
Design," 1984-1992
CE128 "Traffic
Engineering," 1988
California State
University, Long Beach
"Highway Engineering",
1984-1985
•
SUMMARY
Under former City of Irvine staffer and FPL President Fong-Ping's leadership, FPL has become
a go -to transportation and civil engineering firm for both infrastructure and development
projects throughout Southern California, including L.A. LIVE and
REPRESENTATIVE PROJECT EXPERIENCE
City of Los Angeles "On -Call' Bridge Improvement Program, Los Angeles I FPL PRINCIPAL -IN -
CHARGE / PROJECT MANAGER; at FPL, Fong -Ping has had ultimate responsibility for various
transportation engineering design services (traffic signal, signing and striping, street lighting,
and worksite traffic control) for the following task orders:
- Tampa Avenue bridge widening over Los Angeles River
- Riverside Drive viaduct replacement over Los Angeles River
- 1st Street viaduct widening over Los Angeles River
- Glendale -Hyperion Viaduct Complex Improvements
- La Tijera Boulevard bridge widening over 1-405
- Soto Street bridge widening over Valley Boulevard
- State Street bridge widening over SCRRA/UPRR and Busway
- Overland Avenue bridge widening over 1-10
- Vanowen Street bridge over Los Angeles River emergency repairs
- 1st Street over Glendale Boulevard improvements
City of Huntington Beach "On-CalFTraffic Studies I TRAFFIC STUDIES LEAD; Fong -Ping has
prepared a feasibility study for capacity enhancement at the intersection of PCH and Warner
Avenue, as well as a citywide traffic signal Left Turn Phasing Study for 47 existing signalized
intersections. For the feasibility study for capacity enhancement at PCH and Warner Avenue,
Fong -Ping was responsible for the identification and analysis of a variety of alternatives to
increase capacity at the inter -section, which is bordered by protected wetlands / dunes and
commercial properties.
OCTA 1-5 HOV Lane Access Conversion PSR/PR, Orange County I PLANNING
LEAD/PRINCIPAL-IN-CHARGE; the project converts approximately 10 miles of HOV lanes along
1-5 between SR-57 and Beach Boulevard from limited access to continuous access. FPL is
responsible for both the combined PSR/PR and PS&E. For the PSR/PR, Fong -Ping oversaw the
preparation of a variety of documents, including traffic studies (including accident analyses).
As Principal -in -Charge, due to his background in transportation planning, Fong -Ping was able
to step in when the previous Planning Lead accepted a position with the owner agency.
Fong-Ping's leadership and experi-ence provided a smooth transition for ensuring the
successful delivery of the PSR/PR.
County of Los Angeles Fullerton Road Improvements Traffic and Circulation Technical
Memoranda, Rowland Heights I FPL PROJECT MANAGER; Fong -Ping is responsible for the
traffic study for the environmental documentation for widening Fullerton Road. The traffic study
takes into special consideration pedestrian, bicyclist, transit, and parking needs.
LAUSD "On -Call' SRHS #9 Traffic and Pedestrian Safety Mitigation Report, South Gate I FPL
PROJECT MANAGER; Fong -Ping led FPL's examination of existing conditions (including a visit
to the site to observe driver, pedestrian, and bicyclist behaviors during drop-off and pick-up
times; and to interview an enforcement officer), identification of potential issues (parking,
traffic congestion, jaywalking, safety, lighting needs, striping conflicts, and non-standard
signage), and recommendation of mitigation strategies.
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
DICK IVY, P.E., T.E.
Quality manager
SUMMARY
YEARS OF EXPERIENCE
46 Total Years
Dick has extensive quality management experience, including for "on -call" projects such as the
6 with FPL and
City of Irvine's "on -call" Warner Avenue/Jamboree Road Northbound On -Ramp Intersection
Associates
Improvements project and the County of Los Angeles's "on -call" Grand Avenue Traffic Signal
Synchronization in West Covina and Glendora.
REPRESENTATIVE PROJECT EXPERIENCE
EDUCATION
POLB "On-Call"2013 Port -Wide Slurry Seal Program, Long Beach I FPL ENGINEER -OF -RECORD;
Master of Science,
Dick is responsible for FPL's preparation of worksite traffic control plans (ranging from partial
1974,
closure to full closure with detour routes) for the annual slurry seal program that improved
Transportation
approximately 20 different locations at the Port.
Engineering,
San Jose State
City of Los Angeles "On -Call" 1st Street Bridge Improvements over Glendale Boulevard ( FPL
University
TRANSPORTATION ENGINEER; Dick helped oversee the preparation of signing and striping and
worksite traffic control plans for LADOT review and approval.
Bachelor of Science,
1964,
Additional "On -Call" Transportation Engineering Experience, CA I Dick's additional "on -call"
Civil Engineering,
transportation engineering experience includes Caltrans District 6 "On -Call" Services,
University of California,
Metropolitan Bakersfield Corridor Major Investment Study, "On -Call" Transportation
Berkeley
Engineering Services for the Cities of Monterey and Watsonville, and Transportation
Engineering Support for the City of Sunnyvale.
OCTA OCStreetcar, Santa Ana and Garden Grove I FPL QUALITY MANAGER; Dick has been
REGISTRATIONS
•
responsible for quality assurance (CIA) for this 4.15-mile-long multi -modal project that is
Professional Engineer
proposed to run along Santa Ana Boulevard, 4t' Street, and the Pacific Electric right-of-way to
Civil, 21570 CA
Harbor Boulevard. FPL is responsible for all traffic engineering design, including signing and
striping, traffic signal, street lighting, and maintenance of traffic design.
Professional Engineer
Traffic, 219 CA
OCTA West County Connectors I QUALITY ASSURANCE (Parsons); Dick provided CIA for traffic
signals and lighting, ramp metering, communication system, lighting and sign illumination,
pavement delineation, and signing. This $160 million project, which recently completed
construction, is part of Orange County's high occupancy vehicle (HOV) network. Within a 2.5-
mile segment along 1-405 and SR-22, improvements consist of three bridges; realignment of I-
405 and SR-22 and several ramps; and modification of traffic signals, ramp meters, lighting, and
intelligent transportation systems (ITS) elements.
METRO Foothill Gold Line Extension from Pasadena to Azusa I FPL PROJECT MANAGER; Dick
was responsible for FPL's transportation engineering design for this $500 million design -build
project. FPL's scope included traffic signals, signing and striping, and street lighting design for
both the main line and maintenance and operations (M&O) facility.
Overall Transportation Engineering Design Experience I Dick has over 40 years of experience
in transportation engineering, of which traffic design has constituted a significant portion of his
experience and workload. In addition to preparing signal construction plans, specifications and
cost estimates, experience includes coordinated signal system design; recommendation and
design of intersection improvements to complement signal installations; signing and striping
modifications; and public project representation. The magnitude of projects has ranged from
single, isolated intersections to several multi -phase, interconnected intersections; types of
operations have ranged from simple two-phase, fixed -time operation to the utilization of multi-
phase, fully -actuated controllers and microprocessors, and ramp meter signals. Dick has been
personally involved in the design of over 1,000 traffic signals.
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
•
HENRY TRINH, M.S.
Design Engineer - Signals/
Interconnect/ Intelligent Transportation Systems (ITS)
SUMMARY
YEARS OF EXPERIENCE
19 Total Years
Henry specializes in traffic electrical design, including traffic signals and ramp metering, street
15 with FPL and
and highway lighting, and intelligent transportation system (ITS) design for municipal and state
Associates
projects. Henry's expertise has led him to be involved in some of the largest and most
complex projects throughout the region, including multiple $1-billion-plus design -build
projects. Henry has designed hundreds of traffic signals alone throughout Southern California,
including roughly 200 traffic signals reviewed and approved by LADOT alone.
EDUCATION
Master of Science, 2004,
REPRESENTATIVE PROJECT EXPERIENCE
Electrical Engineering,
Caltrans District 12 "On -Call" Program, Orange County I SENIOR DESIGN ENGINEER; Henry
California State
has prepared the traffic electrical design for the following task orders:
University,
Long Beach
- EA OM520: ADA Safety Project on SR-39 between Atlanta Avenue and Cypress Street
- EA OM910: ADA Safety Project on SR-90 between Beach Boulevard and Rose Drive
Bachelor of Science,
City of Los Angeles "On -Call' Project Experience I SENIOR DESIGN ENGINEER; Henry has
1997,
Electrical Engineering,
performed traffic electrical design, including traffic signals and street lighting, for multiple
California State
task orders under the City of Los Angeles Bridge Improvement Program:
University,
Long Beach
- Riverside Drive viaduct replacement over Los Angeles River
- 1st Street viaduct widening over Los Angeles River
- La Tijera Boulevard bridge widening over 1-405
- Soto Street bridge widening over Valley Boulevard
- State Street bridge widening over SCRRA/UPRR and Busway
•
Overland Avenue bridge widening over 1-10
City of Santa Ana "On -Call' Transportation Engineering Program I TRANSPORTATION
ENGINEER; Henry was responsible for field verification and traffic signal design for
intersections including McFadden Avenue & Hathaway Street, Main Street & Main Place,
Bristol Street & Central Avenue, Bristol Street & MacArthur Boulevard, and Main Street &
MacArthur Boulevard.
OCTA OCStreetcar, Santa Ana and Garden Grove I SENIOR DESIGN ENGINEER; Henry has
taken the lead on traffic signal and interconnect design for this 4.15-mile-long multi -modal
project that is proposed to run along Santa Ana Boulevard, 4tn Street, and the Pacific Electric
right-of-way to Harbor Boulevard.
METRO 1-405 Sepulveda Pass Widening, Los Angeles I SENIOR DESIGN ENGINEER; for this
$1-billion-plus, design -build project, Henry was involved in the design of restoration and
temporary traffic signals (reviewed and approved by LADOT, the County of Los Angeles, and
Caltrans) and temporary street lighting (reviewed and approved by BSL). Henry was also
involved in the design of mainline freeway ITS and highway lighting. In particular, Henry was
responsible for the design of approximately 100 restoration and temporary traffic signal
plans, including Automated Traffic Surveillance and Control System (ATSAC) modifications
(interconnect plans). Henry played a hands-on role in the joint jurisdictional approval of
each traffic signal and interconnect plan.
L.A. LIVE, Downtown Los Angeles I SENIOR DESIGN ENGINEER; Henry designed permanent
and temporary traffic signal plans for the development's street improvement packages (6
•
intersections total), as well as signal interconnect rerouting for the closure of filth Street.
Traffic signal for 2 intersections included directional electronic signage.
plans
•
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
MIKE HONDA
Design Engineer - Signing
and Striping/ Traffic Controi
SUMMARY
YEARS OF EXPERIENCE
35 Total Years
Mike is much sought after by clients for his extensive transportation engineering design
5 with FPL and
experience, especially with respect to projects with maintenance of traffic (MOT) needs.
Associates
Prior to joining FPL, Mike worked at RBF for 17 years.
REPRESENTATIVE PROJECT EXPERIENCE
OCTA OCStreetcar, Santa Ana and Garden Grove I DESIGN ENGINEER; Mike was key in
EDUCATION
the production of traffic control plans for this 4.15-mile-long multi -modal project that is
Bachelor of Arts, 1974,
proposed to run along Santa Ana Boulevard, 4"' Street, and the Pacific Electric right-of-way
Graphics
to Harbor Boulevard. In addition, he designed the striping for the bike facilities on Santa
Communication,
Ana Boulevard while factoring in the multi -modal uses of the roadway and was involved in
University of Illinois,
resolving overhead catenary system pole conflicts.
Chicago
City of Irvine "On -Call' Warner Avenue / Paseo Westpark Traffic Signal Modifications I
DESIGN ENGINEER; this "on -call" project traffic signal modification to include protected left
turn phasing. Mike was responsible for the signal design.
City of Irvine "On -Call' Warner Avenue /Jamboree Road NB On -Ramp New Traffic Signal I
DESIGN ENGINEER; this "on -call" project involved the installation of a new traffic signal and
ADA ramp improvements. Mike was responsible for the signal design.
County of Los Angeles "On -Call" Grand Avenue Traffic Signal Synchronization, West Covina
•
and Glendora I DESIGN ENGINEER; Mike prepared transportation engineering design for this
"on -call" project that encompassed approximately 10 intersections along Grand Avenue.
POLB "On-Call"2013 Port -Wide Slurry Seal Program, Long Beach I DESIGN ENGINEER; Mike
was responsible for the design of 15%, 50%, 100%, and final traffic control plans for the 2013
slurry seal program that included roughly 20 locations selected for improvement. Mike
prepared detour routes, ranging from partial to full closures, along with truck turn analyses. A
variety of departments at POLB were involved with the program, including the project
management, real estate, civil engineering, and traffic engineering groups — all of which
attended presentations given by the pavement rehabilitation designer and FPL.
RCTC SR-91 Express Lanes Extension Design -Build, Corona I DESIGN ENGINEER; Mike was
responsible for maintenance of traffic design for this $664 million design -build project which
adds freeway lanes, extends the Express Lanes in Orange County into Riverside County,
expands freeway -to -freeway connectors, and provides better freeway access at congested
locations. The Express Lanes are now open to traffic.
OCTA 1-5 HOV Lane Access Conversion, Santa Ana, Orange, Anaheim, Buena Park, Fullerton
I DESIGN ENGINEER; FPL was responsible for the design to convert approximately 10 miles of
HOV lanes from limited to continuous access. Mike's responsibilities included preparation of
pavement delineation (striping) and detour plans.
OCTA I-5 Gateway I DESIGN ENGINEER; Mike was responsible for traffic signals, stage
construction and traffic handling, pavement delineation, roadside and overhead signs, ramp
meters, traffic monitoring stations, and roadway lighting systems plans. The project involved
the complete reconstruction of the mainline from north of Orangethorpe Avenue to north of
•
Beach Boulevard and included numerous bridges, freeway ramps, city streets, and 25'
retaining walls. Mike worked with the contractor on design issues as they occurred out in the
field.
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
HUY TRINH, M.S.
Design Engineer -Street
Lighting
SUMMARY
YEARS OF EXPERIENCE
12 Total Years
Huy has extensive experience working on traffic electrical engineering design (street
9 with FPL and
lighting, traffic signals, highway communication systems, highway lighting, ramp metering).
Associates
Huy began his career at FPL by participating in the design of over 90 Transit Priority System
(TPS) traffic signals along Pico and Olympic Boulevards in Los Angeles. Huy went on to
obtain his Master degree in Electrical Engineering while working full-time to help deliver
three (3) projects delivered under the design -build method. Huy has led FPL's field work
EDUCATION
efforts on numerous projects.
Master of Science,
2012, Electrical
REPRESENTATIVE PROJECT EXPERIENCE
Engineering, California
City of Orange Two (2) Traffic Signal Modifications on Tustin Street I DESIGN
State University, Long
ENGINEER; Huy is responsible for the production of the traffic signal modification plans
Beach
allowing for right turn lane improvements at the intersections of Tustin Street at Katella
Avenue and Tustin Street at Chapman Avenue.
Bachelor of Science,
2005, Electrical
City of Los Angeles "On -Call" Soto Street Bridge Widening over Valley Boulevard I DESIGN
Engineering, California
ENGINEER; Huy was responsible for designing three stages of temporary lighting and the
State Polytechnic
permanent lighting system for BSL review and approval.
University, Pomona
METRO Gold Line Foothill Extension from Pasadena to Azusa I DESIGN ENGINEER; for this
$500 million design -build project, Huy was responsible for traffic signal and street lighting
design. As a part of the street lighting design, Huy provided lighting analysis and voltage
drop calculations.
POLA John S. Gibson Boulevard/1-110Interchange Improvements I DESIGN ENGINEER;
Huy has been responsible for local street lighting design, as well as for mainline highway
lighting, ITS, ramp metering, and sign illumination design for this joint jurisdiction City of
Los Angeles and Caltrans project.
EXPO Venice Boulevard Underpass, Los Angeles ( DESIGN ENGINEER; the Exposition
light rail (EXPO) will eventually connect Downtown Los Angeles to Santa Monica. Huy
was responsible for designing a new LED lighting system for City of Los Angeles Bureau
of Street Lighting (BSL) approval and coordinating with the City of Los Angeles
Department of Water and Power (LADWP) to provide service.
K-12 Education Projects Requiring Street Lighting Plans I DESIGN ENGINEER; Huy designed
street lighting modifications for two charter schools: the Camino Nuevo High School and
the Accelerated Charter Elementary School (ACES). Plans were reviewed and approved by
BSL.
Oceanwide Plaza and Circa, Downtown Los Angeles ( DESIGN ENGINEER; Huy led field
work efforts for the two adjacent private developments that are located along Figueroa
Street (FPL is responsible for all transportation engineering design for the projects). He
is responsible for preparing "B" permit street lighting plans for BSL review and approval.
METRO 1-405 Sepulveda Pass Improvements, Los Angeles ( DESIGN ENGINEER; for this
$1-billion-plus design -build project,Huy designed numerous stages of temporary street
lighting for review and approval by BSL, in addition to traffic signal and highway
communication system plans for review and approval by Caltrans.
FPL and Associates, Inc.
Statement of Qualifications for On -Gail Transportation Engineering Services
•
ALAN LEE, P.E., QSD/QSP
Civil Engineer - ADA
Compliance
SUMMARY
YEAR OF EXPERIENCE
40 Total Years
Alan joined FPL in 2009 after 32 years at the City of Los Angeles Bureau of Engineering, working
8 with FPL and
on a variety of civil engineering projects, including projects involving street, storm drain, sewer,
Associates
and utility improvements.
REPRESENTATIVE PROJECT EXPERIENCE
City of Los Angeles "On -Call" Riverside Drive Viaduct Replacement over Los Angeles River
EDUCATION
CIVIL ENGINEER; the project replaced the existing, substandard bridge with a new alignment
Bachelor of Science,
and also replaced the existing signalized intersection at San Fernando Road with the City's first
1975,
roundabout. FPL's scope included civil and transportation engineering design (totaling
Civil Engineering,
approximately 100 sheets), for which Alan was responsible for street improvement, wet utility,
California State
retaining wall, and site development design amongst other responsibilities, including
University,
coordinating intensely with other disciplines and various approval agencies. Alan's leadership
Los Angeles
was key in expediting the delivery of final PS&E for this project, which was at risk of losing its
funding. Alan led his team of designers in revising plans that had been prepared by another
consultant team and expedited plan delivery in 3 months, even after the bridge design was
altered. Under Alan's leadership, in spite of various physical constraints in the project area,
REGISTRATIONS
FPL's civil engineering design smoothly and safely connects the roadway from the bridge to the
Professional Engineer
roundabout, while meeting all stringent design requirements, including ADA requirements.
Civil, 34971 CA
LAUSD "On -Call" South Region High School (SRHS) #9 Off -Site Work, South Gate I CIVIL
QSD/QSP
ENGINEER; for this project for which FPL serves as prime consultant, Alan is responsible for the
•
street widening of Tweedy Boulevard from the entrance of SRHS #9 to Adela Avenue, street
improvements for the new Legacy Place perimeter road (including horizontal and vertical street
alignment setting, pavement thickness design, water main, sewer, signing and striping, and
street lighting design), temporary staging demolition, erosion control, grading, drainage, and
paving for adjacent sites where future LAUSD facilities will be located, in addition to a SWPPP, a
preliminary WQMP for future sites, construction cost estimates, and specifications.
Los Angeles Trade Technical College (LATTC) Grand Avenue / Blue Line Station Enhancements,
Los Angeles I CIVIL ENGINEER; for this design -build project, FPL is responsible for all on -site and
off -site civil engineering, including transportation engineering. Amongst other benefits, the
project will enhance the transit user experience for visitors to the campus. Alan is responsible
for all civil engineering design for this project. For example, Alan has been responsible for the
design of pavement improvements for a segment of Grand Avenue that has old railroad tracks
embedded underground within existing pavement. Plans have been prepared for review and
approval by BOE.
METRO Burbank Bob Hope Airport Metrolink Station, Burbank and Los Angeles I CIVI L
ENGINEER; the project proposes to locate a new passenger rail station at the border of the
Cities of Burbank and Los Angeles to serve passengers traveling on the Antelope Valley Line to
and from Burbank Bob Hope Airport. Agencies having jurisdiction include METRO, the City of
Los Angeles, the City of Burbank, SCRRA, and Burbank Bob Hope Airport. Alan is responsible for
the civil engineering (street improvements) design.
City of Los Angeles, Department of Public Works:
- Land Development Group (7/07 - 7/09, Civil Engineer)
- Stormwater Group (7/05 - 7/07, Engineering Associate IV)
- Constituent Service & Permit Program (1/95 - 7/05, Engineering Associate III)
•
- Wastewater Collection Systems (11/91-1/95, Engineering Associate 1)
Central District (11/77-11/91, Engineering Assistant)
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
•
ALEX EAPEN, P.E., ENV
SP
Transportation Engineer
- E-76 Support
SUMMARY
YEARS OF EXPERIENCE
12 Total Years
Alex is a versatile transportation engineer with experience in the following disciplines:
2 with FPL and
traffic electrical, traffic handling, construction staging, drainage, roadway/highway
Associates
design, and structural design; as well as transportation planning. "On -call" experience
includes projects with the City of Huntington Beach, Caltrans District 12, Los Angeles
World Airports (LAWA), and the Port of Long Beach (POLB).
EDUCATION
REPRESENTATIVE PROJECT EXPERIENCE
Master of Science,
City of Huntington Beach "On -Call" Transportation Engineering, Huntington Beach ) FPL
2003,
TRANSPORTATION ENGINEER; Alex has been responsible for the preparation of E-76
Civil Engineering,
documents for two "on -call" assignments from the City: i) traffic signal modifications at
The Ohio State
Main Street / 17t' Street / Utica Avenue and new traffic signal at Bolsa Chica Street / Pearce
University
Drive and ii) traffic signal modifications at Gothard Street / Slater Avenue and installation of
interconnect.
B. Tech, 1998,
Civil Engineering,
LAWA "On -Call" Sepulveda Boulevard and Imperial Highway Intersection Improvements,
College of Engineering,
Los Angeles I FPL TRANSPORTATION ENGINEER; Alex has assisted with the traffic signal
Trivandrum, India
design for this project at Los Angeles International Airport (LAX); his responsibilities have
included preparing vertical sight distance calculations.
POLE "On -Call" Edison Avenue and Lugger Way Pavement Rehabilitation, Long Beach
REGISTRATIONS
I FPL DEPUTY PROJECT MANAGER; Alex has supervised the preparation of worksite
• Professional Engineer
Civil, 80592 CA
traffic control plans and drafted the cost estimate for this project.
OCTA 1-5 Improvements Between SR-55 and 1-405 PA-ED, Orange County I FPL PROJECT
MANAGER; Alex was responsible for preparation of the Transportation Management
Plan (TMP) and construction staging / traffic handling concepts for the Project Approval -
Environmental Document (PA-ED).
OCTA 1-5 HOV Lane Access Conversion, Orange County I FPL DEPUTY PROJECT
MANAGER; Alex has been responsible for overseeing the RTL process for this project
that converts approximately 10 miles of HOV lanes on 1-5 from limited to continuous
access, including TMP certification.
OCTA OCStreetcar, Santa Ana and Garden Grove I FPL DEPUTY PROJECT MANAGER;
FPL is responsible for all transportation engineering design for this project, including
traffic signal, signing and striping, street lighting, and maintenance of traffic design.
SANDAG Mid -Coast Corridor Transit San Diego ) FPL PROJECT MANAGER; the $1-billion-
plus project will extend trolley service from Downtown San Diego to La Jolla and is being
delivered under the construction management / general contractor (CM/GC) method. FPL
is a subconsultant to the CM/GC and is responsible for preparing worksite traffic control
plans on Genesee Avenue.
METRO I-405 Sepulveda Pass Widening Design -Build, Los Angeles I DESIGN ENGINEER;
Alex worked as the Construction Staging and Maintenance of Traffic (CS/MOT) Segment
Lead for Segment 2 of the $1-billion-plus, 10-mile-long, three -segment project. He was
also the design lead for "Carmegeddon I," when a section of 1-405 was closed for a
weekend. As the project progressed, Alex took on the role of CS/MOT Project Lead and
•
also served as the project coordinator with the City of Los Angeles Department of
Transportation (LADOT).
•
•
KEVIN DEAL (NDS)
Traffic Data Collection
EXPERIENCE
11 Total Years
EDUCATION
Bachelor of Science,
Production &
Engineering,
Berklee College of
Music, MA
OFFICE LOCATION
NDS
8370 Wilshire
Boulevard
Suite 205
Beverly Hills, CA 90211
Phone: (323) 782-0090
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
SUMMARY
Kevin has amassed a great deal of experience in every aspect of the data collection
industry. His expertise includes field operations, administrative operations, program
development, research and development, and companywide quality control. He has
successfully managed over 2,500 projects from inception to completion, which have
included customized study development, as well as customized deliverables.
REPRESENTATIVE PROJECT EXPERIENCE
Recent Projects for FPL and Associates, Inc.
• METRO Southern California Regional Interconnector Project (SCRIP), Downtown
Los Angeles
• USC Signalization Feasibility Study of Soto Street north of Valley Boulevard, Los
Angeles
• County of Los Angeles Fullerton Road Corridor Improvements Project, Rowland
Heights
• City of Rialto Riverside Avenue Bridge over UPRR, Rialto
Orange County Transportation Authority (OCTA)
• 200 (3-Day) turning movement counts biannually
• 12,000 miles of travel time runs biannually
Coachella /The Mobility Group
• Over 80 intersection camera installations for 4 consecutive festival related
weekends
• Occupancy counts for 3 consecutive festival weekends with over 90,000 in
attendance per weekend
• 33 (28-day) ADT's
• 500 (8-hour) turning movement counts throughout Downtown Los Angeles
City of San Diego
• Approximately 1500 ADT's conducted annually
Kern Council of Governments (COG)
• Approximately 1000 ADT's conducted annually
City of Los Angeles
• 25 (6-hour, 2-day) turning movement counts annually (typically 2-3 people per
location)
• 40+ Speed & Classification ADT's annually
•
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
BRYAN JONES, P.E.,
AICP (ALTA)
Bike Facility Support
SUMMARY
EXPERIENCE
18 Total Years
Bryan is a results -oriented transportation planner and professional engineer who seeks to
achieve bold and comprehensive community visions backed up by strategic and pragmatic
implementation. In his leadership positions for the cities of Carlsbad, Fremont, and Fresno,
he delivered numerous pedestrian, bicycle, traffic calming, road diet, and complete and
EDUCATION
livable streets projects to help move and connect people and businesses so communities
Master of Public
can thrive. With over 18 years of experience, including 10 years in local municipal
Administration, 2012
government, he understands firsthand the unique challenges experienced by communities
Norwich University
in implementing projects and is able to capitalize on his experience to facilitate great
projects for great places.
Bachelor of Science,
Civil Engineering, 1999,
REPRESENTATIVE PROJECT EXPERIENCE
University of California
OCTA OC Streetcar, Santa Ana and Garden Grove I ALTA PRINCIPAL ENGINEER; as part of a
at Davis
streetcar project to connect the cities of Santa Ana and Garden Grove, Bryan is providing
active transportation concept and design review expertise at 30%, 60%, and 90% plans for
the interface between streetcar users and the streetcar tracks. Bryan is focusing on track
alignment with stations, bike lanes, crosswalks, sidewalk, crossing of tracks, and station
REGISTRATIONS
design. These reviews and recommendations are based on best practices for active
Professional Engineer
transportation to enhance safety, access, mobility, and connectivity for all ages and
TR2229 CA
abilities.
American Institute of
City of Fullerton Priority Bike Connection Plan, Fullerton I ALTA PRINCIPAL -IN -CHARGE;
• Certified Planners
#024177
Bryan is working with the City of Fullerton to develop a plan to address challenging bicycle
and pedestrian gaps at two priority locations in the city. Both project areas are located in
high -use corridors and are considered ideal locations for bicycle and pedestrian
League of American
connections to destination points. Bryan and his staff are leading outreach, corridor
Bicyclist, League Cycling
conceptual design, and project development planning.
Instructor #3483
City of Santa Monica Complete Streets Network, Santa Monica I ALTA PRINCIPAL -IN -
CHARGE; Bryan is working with the City of Santa Monica on a complete streets project that
will better connect bikes and pedestrians to the newly expanded Metro Exposition line and
address gaps in the city's existing bicycle network.
SANDAG Pershing Separated Bikeway — North Park to Downtown Connector, San Diego
ALTA PRINCIPAL -IN -CHARGE; Bryan helped lead a planning study and developed 30% civil
engineering plans for a 2.6-mile separated bikeway along Pershing Drive through historic
Balboa Park. This project is part of the $200 million Regional Bikeway Early Action Program
for the San Diego Association of Governments (SANDAG). The bikeway design will provide a
crucial commuter connection between the North Park neighborhood and Downtown San
Diego. As Project Manager, Alta led community engagement, concept alternative
development, preferred concept adoption, visual renderings, engineering plan set,
preliminary environmental review, and agency coordination. Alta is currently a sub -
consultant on the team preparing final construction documents for the Pershing Bikeway.
Highway 101 Bicycle and Pedestrian Overcrossing, Palo Alto I ALTA PROJECT ENGINEER;
Alta conducted a feasibility study for a year-round pedestrian and bicycle grade -separated
crossing in Palo Alto to provide connectivity from residential and commercial areas in south
Palo Alto to the Palo Alto Baylands Nature Preserve, East Bayshore and San Antonio
businesses, and the regional Bay Trail. Alta is now leading the implementation phase. As
•
project engineer, Bryan is managing Alta staff in the preliminary design of the pathway.
FPL and Associates, Inc.
Statement of Qualifications for On -Call Transportation Engineering Services
Appendix 6
Forms 10-01, 10-02, and 10-0
Local Assistance Procedures iNlanual
Consultant Pro
• EXHIBIT 10-01 CONSULTANT PROPOSAL. DBE CONIMITNIENT
C]
1 Local Agency: City of Huntington Beach
3. Project Description:
4. Project Location: Huntington Beach
5. Consultant's Name:
2. Contract DBE Goal: 2 %
On -Call Transportation Engineering Services
FPL and Associates, Inc.
Exhibit 10-01
I DBE Commitment
6. Prime Certified DBE: 6d
7. Description of Work, Service, or Materials
Supplied
8, DBE
Certification
9. DBE Contact Information
10 DBE%
Number
Transportation Engineering Services
31517
FPL and Associates, Inc.
73.33%
Prime consultant
I
30 Corporate Park, Suite 401
Irvine, CA 92606
Local Agency to Complete this Section
17. Local Agency Contract Number:
11. TOTAL CLAIMED DBE PARTICIPATION
73.33 %
18. Federal -Aid Project Number
19. Proposed Contract Execution Date: (NAME)
IMPORTANT: Identify all BE firms being claimed for credit,
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
regardless of tier. Writte confirmation of each listed DBE is
requi
1 /11 /2018
20, Local Agency Representative's Signature 21. Date
_
14?�. Preparer's Signatur6 13. Date
Fong -Ping Lee (949) 252-1688
22 Local Agency Representative's Name 23. Phone
14. Preparer's Name 15. Phone
President
24. Local Agency Representative's Title
16. Preparer's Title
DISTRIBUTION Original —Included with consultant's proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this cocument is available in alternate formats. For information call (916) 654-6410 or-i DD (916) 654-
3880 or wnte Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814,
Page I of 2
.July 23, 2015
011
L'
Local Assistance Procedures N'lanual
Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTPACr DBE C0,14MITMENr
1. Local Agency City of Huntington Beach
3. Project Description
4. Project Location, Huntington Beach
_ 2 Contract DBE Goal: 2 %
On -Call Transportation Engineering Services
5. Consultant's Name. FPL and Associates, Inc. 6. Prime Certified DBE V 7 Total Contract Award Amount: $ 300,000.0W
8. Total Dollar Amount for ALL Subconsultants: $ 80,000.00 9. Total Number of ALL Subconsultants: FPL and Assccia:es, Inc
10. Description of Work, Service, or Materials
11. DBE
13. DBE
Supplied
Certification
12, DBE Contact Information
Dollar
Number
Amount
Transportation Engineering Services
31517
FPL and Associates, Inc.
$ 220,000 00
Prime consultant
30 Corporate Park Suite 401
Irvine, CA 92606
• the amount of S 300,000,(10 is copied from the City's response in
Addendum It, Section G Question 7, to use as an example at this
Lime
Local Agency to Complete this Section
$ 220,000.00(NAME)
20. Local Agency Contract
Ki—h—
14. TOTAL CLAIMED DBE PARTICIPATION
21. Federal -Aid Project Number:
22. Contract Execution
73,33 %
riot.
IMPORTANT: Idenlify all DBE firms being claimed for credit,
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
regardless of tier. Writte confirmation of each listed DBE is
requir
L 1/11/2018
23. Local Agency Representative's Signature 24. Date
15. Prepare s Signato 16. Date
Fong -Ping Lee (949) 252-1688
25. Local Agency Representative's Name 26. Phone
17 Preparer's Name 18 Phone
President
27. Local Agency Representative's Title
19. Preparer's Title
DISTRIBUTION 1. Original — Local Agency
2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de -obligation of federal funds on contract-
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats For Information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814
Pagel of 2
July 23, 2015
•
•
Local Assistance Procedures Manual ESHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
('OMPLE F THIS PORNO TO DISCLOSE LOBBYING AC IWITlES PURSUANT TO 31 U,S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
❑ a. contract N/A ❑ a. hidlofler/application ❑ a. initial N/A
b grant h, initial award N/A b. material change
c. cooperative agreement C. post -award
d. loan For Material Change Only:
C. loan, guarantee year_ quarter__
I. loan insurance date of last report
4. Name and Address of Reporting Emily S. IrReporting Entity in No. 4 is Subawardee.
Enter Name and Address of Prime:
ElPrime N/A ❑Suba�+�ardee N/A
Tier-ifknmn
Congressional District, ifknown Congressional District, ifknown
6. Federal Department/.agency: 7. Federal Program Name/Description: N/A
N/A CFD;1 Number, ifapplical)Ic N/A
8. Federal Action Number, if known: N/A 9. Award Amount, if known: N/A
10. Name and Address of Lobby Entity IL Individuals Performing Services
(Ifindividual, lent name. first name, MI) (including address it different fi-ont No. 10)
N/A (last name_ lust name, MI) N/A
(attach Continuation Shect(s) if necessary)
12. Amount of Payment (check all that apply) N/A 14. 'Type of Payment (check all that apply)
S On -Call Transi ❑ acural ❑ planned a. retainer
b. one-time Ice N/A
13. Form of Payment (check all that apply): N/A C. commission
a. cash d. contingentice
b. in -kind; specify: nature e deferred
Value 1'. other, specify
15. Brief Description ol'Services Performed or to be performed and Date(s) of Service, including
ofticer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: N/A
(attach Continuation Shcct(s) ifneeessarv)
16. Continuation Sheet(s) attached: Yes ❑ No N A
17. 1n6wnauon iequested through this firm is autI united byTitle
31 U S C Section 1352 Thus disclosure of Iobb} in,- rchance Signature:
was placed by the Uer above when his nan,eaurn vas made of � — _ _�
entered into I -his disclosure Is required pursuant to 3l U S C Prit0Name: wiry- ng L
1352 "this utiomiatirnt will be repo tcd to Con �ress
sern:annualiy and will be available for public inspection Any President
person who rails to file fhc required disclosure shall he subject Title:
to a civil penalty of not less than $10,000 and not more than
$IOU 000 for each such i'ailurc telephone No.: (949) 252-1688 ))ate. 1/11/2018
Federal Use Only:
Distribution: Ong- Local Agency Project Files
LPP 13-01
Sramdard Form t 1 I. Rev
Authorized for Local Reproduction
Standard Form - LLI.
Page I
May 8, 2013
•
Local -\ssislance Procedures Manual I:XIIIIFF I0_Q
Discloslu•e of LOH)%ing \cli%ilies
UAIl llil 1 III-0 DIM LOST RV. OF 1 omn I\(" A(' 1'1\ viv:S
I I I I I [is I OI<\I It 1 1)I1%( 1 It'll 1 (11910,1\l i \(* I I\'I'I II S IIVRNV A\ 1 l l) "I l ti( 1 1;2
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
.1 .unne.t ,t 111J unit apphi'w"11 a mitl,d
h �r,un I. unu,d .ro,n-J h nt,nil i,tl .h,ulcc
,I foall
h1.nt :•u,u,ullc:
I loall 1111lu,u4c
a. \anle and \d(hress Ill' Reporting I nul\
DPiunc FISuha„vdci
I ICI it knu,en
('ntagressional Divlcirl, 11 kn,mn
h. I cdcral I)cp:nlulent 1}:cnc):
S. tedcral \clion Ntimhcr, If knuwl
Fur \Ialrrial ( hanl!c Otal\:
\CW ,It I.11 lit
dale ul la,l li11011
5. II' Reporting Fntil) in \u. a is lubawardec.
Enter \amc and \ddress of I'rintc:
( ougressional Disiriet, it klnl,vl
frdrral Program \ante/De.criplinn:
( VI) \ \umber, 11 applirahlc
9. \uard Ifmounl, ihknowi
l0. Name and .\ddress of Lobb% Lntil% 11. Indi\ iduals Performing Sen ice+
III nnln iJual. 1,1,1 n.unr. fit.. n,lnli. \II; Ilncluding address ifddtcrcnl tiom No 10)
I I.ul name. Ii15I mule. \II I
�.111.�t 11 l ,ni11t111Jl h,lt \hii tl,l �! Ilili,,,It\ I
I'. \mount of I'a.Nu{cut IvIlVC1. all lbat ;lppl% 1 14. 1 % pc III' Vp metal (ii all that apply )
�—� Q.,.1 u.d Ultl.uni. tl ,l Ii I:1111C1
. I, om:-lllllc Icc
1;. Form of 1';I\ {Dent (Check all Ihat aP1d% ): r inlnlni»ion
Be iaalt d Cu111illgolt (CC
11 ul-kind. 111ii1k n.lhuc c deferred
\ ,du: h olllcr, :picil)
15. firirf 1)cscriptiuo al Scr� it'cs I'rrl'urnrcd ur It, he pcl'furnled and Dauc(s) of Scn ire, includiug
III[ice I-(%), e)III llmce(s), ur Illellife rl.l runlacted, I'or Pal ntent IodicaIcd in Rent 12:
,,1n.n11 1 ununuaouu ti I%:CII 111 11"Cssan )
16. ("uu(ill ua(iun shii attached: 1 vs \o
17. Intuinl,itw t icyuc,IcJ lhluugh Ihl, 161111 1, ,ullhuilicd ht 'fttle
+I l' �'l liilkill 11'i_t 1111�Ji,clt"uti ul lubhuucicli'utcc Siallaltll'C:
t,.1, Id.tt cJ „ Ihr oil ,111wr „u'n hr. u.ln,di h,m ,t ,I, m,l.lr ui
rnlcicd lnlu Ihr,J ,ch+.ali t, n'.Iuucd 11111,o,un tt. if S (' , 111 hi ii llui liJ Iu 1 ,.
i lilt Name
i _ Ihi. ,nhnnl.l h,atl\ni_.'„ ----- - - - - -
,imidnnu,dl, .utA trill hi . \ H;,d1I, 111i ;:ul.l.. •1:.111,t•011 \m
r ,uh.'Lnl. l„Illc the IIlk:
1C„a;1•,, ei,•.u:.!i„ ..�,t,"h ut p''`
I cic),hunc Nu
Federal Use Only:
iPw Ihatinn I n:- I , \. rn., 1
1.1' 1' 13-01
• tIthurt/Cd hn I uc,11 Kc111odui 1011
titnntiard I unn - I I
Page I
♦la% S, 2013
•
•
Local Assistance Procedures tN'lanual NOT APPLICABLE_ TO ALTA EXHBIT 10-Q
PLANNING DESIGN Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
C'OMPLE'l E'l HIS FORM TO DISCLOSE LOBBYING ACTIVH1I:,S PURSUANT FO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
❑ a. contract ❑ a. bid/otter/application ❑ a. initial
b. rurant b. initial award b. material (hang(
C. cooperative agreement c. post-a\(ard
d. loan For Material Change Onh:
e. loan guarantee scar quarter
t. loan in,urance (late of last report
4. Name and ,address of Reporting Entity 5. If Reporting Entity in No. 4 is Sulw» ardee,
hinter :Name and Address of Prime.
❑ prime ❑Suhawardee
hicr il'kno«n
Congressional District, ifknown
6. Federal Department/Agency:
8. Federal Action Number, ifknown:
Congressional District, ifknown
7. Federal Program Name/Description:
CFDA Number, ifapplicable
9. Award Amount, ifknown:
10. Name and Address of Lobby Entih It. Individuals Performing Services
(If individual. last name. first name_ MI) (including address if diticrcnt hrom No. 10)
(last nantc_ first name. MI)
12.
13.
15.
(attaeh Continuation Shect(s) if necessary )
Amount of Payment (check all that apply) 14. Type of Payment (check all that apply)
S Provide
❑actual ❑planned a. retainer
Engneenny Services b. one-time fee
Form of Payment (check all that apply): c. commission
It. cash d. contingent tee
b. in -kind: specify: nature e deferred
Valuc h. other. specify
Brief Description of Sets ices Performed or to be performed and Date(s) of SerN ice, including
ofticer(s), employee(s), or memher(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Shcct(s) ifaccessary)
16. Continuation Sheet(s) attached: Yes ❑ No
17. 1ntbnmation requested throu1h this limo a authonled by Title
31 U S C Section 1332 l his disclouut oflohhyut,� reliance Signature:
was placed h}the tier above when his transaction was made or
entered into This disclosure is required pursuant to 31 U S C Print Name: Gre, Mallet'
1352 I his information will be reported to Congress
semiannually and will be available lix public inspection Am -
person who tails to file the required disclosure shall he sublect Title: Vice PI'esldent
to a civil penalty of not less than $10.000 and not more than
$100.000 for each such failure Telcphone No.: 2 13-437-3303
Federal Use Only:
Standaid Foun LLL Rev 04-28-06
0 Distribution: Ong- Local Agency Project Idles
LPP 13-0I
fate: 1 /4/_2018
Authorized for Local Reproduction
Standard Form - LLL
Page 1
May 8, 2013
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Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal 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
o
10. DBE /o
Local Agency,to Compeletthis Section:
u.:..,
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 I of 2
July 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 perfonned 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 perfonned 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 fine
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 fora.
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 fora.
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:
EXHIBIT 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
^1i imhor
21. Federal -Aid Project Number:
22. Contract Execution
nata
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
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 1 of 2
July 23, 2015
Local Assistance Procedures Manual
Exhibit 10-02
Consultant Contract DBE Commitment
INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic
Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant's Name - Enter the consultant's firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all
Non -DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work perfonmed by the prime consultant's own forces, if
the prime is a DBE. if 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number - Enter the DBE's Certification Identification Number. Atl 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 Goat," an adequately documented Good Faith
Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must
sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.
17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal -Aid Project Number - Enter the Federal -Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Consultant Section of this form is complete and
accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the
consultant's DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
consultant's DBE commitment form.
Page 2 of 2
July 23, 2015
Local Assistance Procedures Manual EXUBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
C0MPLI1"I'E "I'l IIS NORM 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
e. loan guarantee
f. loan insurance
4. Name and Address of Reporting Entity
❑ Prime Subawardee
"Pier if known
Congressional District, ifknown
6. Federal Department/Agency:
8. Federal Action Number, ifknown:
For Material Change Only:
year quarter
date of last report
5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Congressional District, if known
7. Federal Program Name/Description:
CFDA Number, if applicable
9. Award Amount, if known:
Ill. Name and Address of Lobby Entity IL Individuals Performing Services
(I f individual. last name. first name. M1) (including address if different from No. 10)
(last name. first name. MT)
12.
13
15.
(attach Continuation Sheet(s) if necessary)
Amount of Payment (check all that apply) 14. 'hype of Payment (check all that apply)
$ actual ❑ planned a. retainer
b. one-time fee
Form of Payment (check all that apply): c. commission
®a. cash d. contingent fee
b. in -kind: specify: nature e deferred
Value f. other, specify
Brief Description of Services Performed or to be performed and Date(s) of Service, including
ofticer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) ifnecessary)
16. Continuation Sheet(s) attached: Yes ❑ No El
17. Information requested through this form is authorized by "frtle
31 U.S C Section 1352 This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S C print Name:
1352 This information will be reported to Congress
semiannually and will be available for public inspection Any
person who fails to file the required disclosure shall be subject Title:
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure. Telephone No.:
Federal Use Only:
Standard Form LLL Rey 04-28-06
Distribution: Orig- Local Agency Project 1=iles
Date:
Authorized for Local Reproduction
Standard Form - LLI-
Page 1
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLFTING 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 iederai action for which lobbying activity is or has been secured to influence, the outcome of a
covered federal action.
2. identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted
report by this reporting entity for this covered federal action.
4. linter the full name, address, city, state, and zip code of the reporting entity. include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the
tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of
the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item i). If knowm. 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 (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to
intuence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name,
First Name and Middle Initial (MI).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (hem 4) to the lobbying entity
(Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is
a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind
payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal
officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employce(s) or Member(s) of Congress that
were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. 'file certifying official shall sign and date the form, and print his/her Dame title and telephone number.
Puhlic reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing
instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-
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 10-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 Subi ect Page
ArticleI Introduction................................................................................................................................2
ArticleII Statement of Work.....................................................................................................................2
Article III Consultant's Reports or Meetings..............................................................................................4
Mandatory Fiscal and Federal provisions (Verbatim)
ArticleIV
Performance Period....................................................................................................................4
Article V
Allowable Costs and Payments..................................................................................................4
ArticleVI
Termination................................................................................................................................8
Article VII
Cost Principles and Administrative Requirements....................................................................8
Article VIII
Retention of Records/Audit.......................................................................................................9
Article IX
Audit Review Procedures..........................................................................................................9
ArticleX
Subcontracting.........................................................................................................................10
ArticleXI
Equipment Purchase................................................................................................................
I 1
Article XIl
State Prevailing Wage Rates....................................................................................................I
I
ArticleXIII
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 XVII
Debarment and Suspension Certification.................................................................................14
Miscellaneous provisions
Article XVIII
Funding Requirements.............................................................................................................14
ArticleXIX
Change in Terms......................................................................................................................14
Article XX
Disadvantaged Business Enterprises (DBE-') Participation.......................................................15
ArticleXXI
Contingent Fee.........................................................................................................................16
ArticleXXI1
Disputes...................................................................................................................................16
ArticleXXI11
Inspection of Work..................................................................................................................16
ArticleXXIV
Safety.......................................................................................................................................17
ArticleXXV
Insurance..................................................................................................................................17
ArticleXXVI
Ownership of Data...................................................................................................................18
Article XXVII
Claims Filed by LOCAL AGENCY'S Construction Contractor.............................................18
Article XXV1I1
Confidentiality of Data............................................................................................................19
Article XXIX
National Labor Relations Board Certification.........................................................................19
Article XXX
Evaluation of Consultant.........................................................................................................19
Article XXXI
Retention of Funds...................................................................................................................19
ArticleXXXI1
Notification..............................................................................................................................21
ArticleXXXIII
Contract....................................................................................................................................21
ArticleXXXIV
Signatures.................................................................................................................................21
Page 1 of 21
August 2016
Local Assistance Procedures Manual EXHIBIT 10-R
A&E Sample Contract Language
ARTICLE I INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following
named, hereinafter referred to as, LOCAL AGENCY:
The name of the "CONSULTANT"is as follows:
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 I) 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 detennined to be due to negligent acts, errors, or omissions
of CONSULTANT.
D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of this contract, shall
act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY.
E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULTANT either
in whole or in part.
F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the
parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the
parties hereto.
G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of
CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
ARTICLE II STATEMENT OF WORK
(INSERT APPROPRL47E S7AT EAIENT OF WORK INCL UDING 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.
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Environmental documents are not considered complete until a Caltrans District Senior Environmental
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,
"Emviromnenlal Procedures " in the LAPNI, and the Slandard Environrnenlal 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 Slandard Environmenlal 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.
L 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.
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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&E Sample Contract Language
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)
(,A time must be set for beginning and ending the work under the contract. The time allowed for peg forming the
work is specified; it should be reasonable.for the kind and amount of services contemplated; and it is written into
the contract. If 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 1 - 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)
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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
S(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:
(LOCAL AGENCYINAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed S(Amount).
I. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved
Cost Proposal and is approved by LOCAL AGENCY's Contract Administrator.
For performel 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.
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(Option 2 - For Cost per Unit of Work contracts, replace paragraphs A & B of Option 1 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 Formal)
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 II 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 -1," 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.
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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 performed 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 X1 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)
(ADDRESS9
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.
(Optio)i 4 - Use paragraphs A through E below for lump sum contracts. Use Exhibit 10-H, Example 41 for Cost
Proposal Forman)
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 It 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
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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 perforn
the covenants herein contained at the time and in the manner herein provided. In the event of such
termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL
AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall
pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost
of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage
shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid
to CONSULTANT upon demand.
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 Govermments.
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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.followingAUDIT CLAUSE must be inserted into all contracts of $ISO, 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 terns and cause for
termination of the contract and disallowance of prior reimbursed costs.
(The_following AUDIT CLAUSE 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
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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 terms 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: (l ) 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.
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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 subconsultant(s) must be approved in writing by LOCAL AGENCY's Contract
Administrator prior to the start of work by the subconsultant(s).
ARTICLE XI EQUIPMENT PURCHASE (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 I or Option 2)
(Option I - 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 Determination. See http://wNvw.dir.ca.gov.
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(Option 2 - Use only paragraph A below when all of the proposed work in the contract is performed by crafts 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 only)
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 from the contract price; or otherwise
recover the full amount of such rebate, kickback or other unlawful consideration.
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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 be 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:
1. No state, federal or local agency appropriated funds have been paid, or will be paid by -or -on behalf of
CONSULTANT to any person for influencing or attempting to influence an officer or employee of
any state or federal agency; a Member of the State Legislature or United States Congress; an officer
or employee of the Legislature or Congress; or any employee of a Member of the Legislature or
Congress, in connection with the awarding of any state or federal contract; the making of any state or
federal grant; the making of any state or federal loan; the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any state or federal contract,
grant, loan, or cooperative agreement.
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.
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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 conlracls 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.
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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 apart 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 performance of this contract.
CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration
of US DOT -assisted agreements. Failure by CONSULTANT to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL
AGENCY deems appropriate.
D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.
E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the
reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination,
CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).
F. 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.
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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.
1. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into
with certified DBEs. The records shall show the name and business address of each DBE or vendor and the
total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of
payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work
performed by their own forces along with the corresponding dollar value of the work.
J. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form
entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subconsultants"
CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT's
authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure
to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of
the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be
returned to CONSULTANT when a satisfactory "Final Report -Utilization of Disadvantaged Business
Enterprises (DBE), First -Tier Subconsultants" is submitted to the Contract Administrator.
K. If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify
CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE
during the life of the Contract, the subconsultant shall notify CONSULTANT in writing with the date of
certification. Any changes should be reported to LOCAL AGENCY's Contract Administrator within 30 days.
ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or
retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling
agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this
warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the
work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise
recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXII DISPUTES
(Choose either Option 1 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)
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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 any subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal
participating funds are used in this contract; to review and inspect the project activities and files at all reasonable
times during the performance period of this contract including review and inspection on a daily basis.
ARTICLE XXIV SAFETY
(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 l l , 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 of five 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 1 - for Contracts with a scope of services 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.
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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 term of the contract, or for a period of not less than one (1) year.
New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event
CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY
may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.
(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 Way 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 form, are intended for one-time use in the construction of the project for which this contract
has been entered into.
C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by LOCAL AGENCY of the machine-readable information and data provided by
CONSULTANT under this contract; further, CONSULTANT is not liable for claims, liabilities, or losses
arising out of, or connected with any use by LOCAL AGENCY of the project documentation on other
projects for additions to this project, or for the completion of this project by others, except only such use as
many be authorized in writing by CONSULTANT.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as
appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal -aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are
permitted; the agreement shall provide that the FHWA shall have the royalty -free nonexclusive and
irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for
government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR
A. If claims are filed by LOCAL AGENCY's construction contractor relating to work performed by
CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is
required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel
available for consultation with LOCAL AGENCY'S construction contract administration and legal staff and
for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT's personnel that LOCAL AGENCY considers essential to assist in defending against
construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.
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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 perfonnance 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.
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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 tenns
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
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D A0TEC Consulting Engineers, Inc.94988I
!
4999
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On -Call Transportation & Engineering
SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement
Program projects.
VENDOR: FPL & Associates
OVERALL RANKING: 3 out of 11
SUBJECT MATTER EXPERTS/RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: Avg. of 85
FPL & Associates — Minimum Qualifications Review
Total Weiqhted
Maximum
Criteria
Score
Score
Understanding of the Work
to be Done
21.7
25
Experience with Similar
Kinds of Work
18.3
20
Staffing
12
15
Capability of Developing
innovative or Advanced
Techniques
6
10
Familiarity with State and
Federal Procedures
8.3
10
Financial Responsibility
10
10
Demonstrated Technical
Ability
8.7
10
Total
85 T7777M
II. DUE DILIGENCE REVIEW
• Clients such as the Cities of Huntington Beach, Irvine, Orange, and Los Angeles (to name a few)
FPL & Associates — Summary of Review
• FPL & Associates demonstrates high financial responsibility
and has well -experienced staff for city needs.
FPL & Associates — Pricing
• Low end from $26.05/Hr for Technician
• High end to $268.77/Hr for Principal
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On -Call Transportation & Engineering
SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement
Program projects.
VENDOR: ADVANTEC Consulting Engineers
OVERALL RANKING: 2 out of 11
SUBJECT MATTER EXPERTS/RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: Avg. of 87.3
ADVENTEC Consulting Engineers — Minimum Qualifications
Review
Total Weighted
Maximum
Criteria
Score
Score
Understanding of the Work
to be Done
22
25
Experience with Similar
Kinds of Work
18
20
Staffing
12.3
15
Capability of Developing
Innovative or Advanced
Techniques
7.3
10
Familiarity with State and
Federal Procedures
8.7
10
Financial Responsibility
10
10
Demonstrated Technical
Ability
9
10
Total
II. DUE DILIGENCE REVIEW
• Clients such as cities of Irvine, Anaheim, Newport Beach, and Seal Beach (to name a few)
ADVANTEC Consulting Engineers — Summary of Review
• ADVANTEC demonstrated clear understanding of Huntington
Beach city needs
ADVANTEC Consulting Engineers — Pricing
• Low end from $28.85/Hr for Support Staff
• High end to $260/Hr for Project Director III
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On -Call Transportation & Engineering
SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement
Program projects.
VENDOR: Albert Grover & Associates
OVERALL RANKING: 1 out of 11
SUBJECT MATTER EXPERTS/RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: Avg. of 90
Albert Grover & Associates — Minimum Qualifications Review
Total Weighted
Maximum
Criteria
Score
Score
Understanding of the Work
to be Done
22.7
25
Experience with Similar
Kinds of Work
18.3
20
Staffing
13.7
15
Capability of Developing
Innovative or Advanced
Techniques
7.3
10
Familiarity with State and
Federal Procedures
8.7
10
Financial Responsibility
10
10
Demonstrated Technical
Ability
9.3
10
Total
17 90
100
II. DUE DILIGENCE REVIEW
• Clients such as City of Fullerton, Fountain Valley, Costa Mesa, and Westminster, to
name a few
Albert Grover & Associates — Summary of Review
• Albert Grover & Associates has extensive experience and
appropriate staffing in city's needed services
Albert Grover & Associates — Pricing
• Low end from $78/Hr for Engineering Aide
• High end from $250/Hr for Vice President
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On -Call Transportation & Engineering
SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement
Program projects.
VENDOR: Vendor #4
OVERALL RANKING: 4 out of 11
SUBJECT MATTER EXPERTS/RATERS:
9. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: Avg. of 79.3
Vendor #4 — Minimum Qualifications Review
Total Weighted
Criteria Score
Understanding of the Work
to be Done
Experience with Similar
Kinds of Work
Staffing
Capability of Developing
Innovative or Advanced
Techniques
Familiarity with State and
Federal Procedures
Financial Responsibility
Demonstrated Technical
Ability
Total
19.3
16
11.3
5.3
9
10
8.3
Maximum
Score
25
20
15
10
10
10
10
II. DUE DILIGENCE REVIEW
• Clients such as the City of Newport Beach, City of Mission Viejo, and City of
Anaheim, to name a few.
VENDOR #4 — Summary of Review
• Vendor #4 had good understanding of project needs and staff
has relevant experience of work to be done
VENDOR #4 — Pricing
• Low end from $83.24/Hr
• High end to $375.25/Hr