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Vali Cooper and Associates, Inc. - 2018-11-05
fkah,GT� /2J G D - —O <' rxcaNTIvo��fD,�� yy City of Huntington Beach 2C• File #: 19-1291 MEETING DATE: 1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Tom Herbel, PE, Acting Director of Public Works Subject: Authorize use of existing on-call construction management/inspection contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for City related projects Statement of Issue: The City has existing on-call professional services contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for on-call construction management and inspection services. When initially awarded, these contracts were approved for use on projects listed in the Capital Improvement Program (CIP). Staff is requesting that Council authorize the use of these contractors for any City related projects and activities. Financial Impact: No additional funds are requested at this time. Recommended Action: Authorize the use the existing on-call construction management/inspection contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for any City related projects and activities including those in the approved CIP. Alternative Action(s): Do not provide this authorization Analysis: On November 5, 2018, Council approved new on-call professional services contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek. At that time, the approval for these contracts was limited to services to support staff for the construction of CIP projects identified in the annual CIP. Staff is seeking authorization to use these contractors for projects in the City including those identified in the CIP. Environmental Status: City of Huntington Beach Page 1 of 2 Printed on 1/15/2020 poweredebl/LegistarTM File #: 19-1291 MEETING DATE: 1/21/2020 Not applicable Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): None. City of Huntington Beach Page 2 of 2 Printed on 1/15/2020 powerece4 LegistarTM City of Huntington Beach Fa„ File #: 18-451 MEETING DATE: 11/5/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subiect: Approve and authorize execution of Professional Services Contracts for On -Call Construction Management and Engineering Services with Wallace and Associates Consulting, Inc., Dudek, and Vali Cooper and Associates, Inc., each in the amount of $1,500,000 Statement of Issue: The Public Works Department requires on call construction management, inspection, and other engineering services to support staff for the construction of capital improvement projects, which are identified in the annual capital improvement program. Financial Impact: The City's adopted FY 2018/19 Capital Improvement Programs (CIP) Budget totals $24.7 million for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management, and other required costs. The three (3) recommended construction management and engineering service contracts have a maximum value of $4,500,004over the next three years and will be funded on an as -needed basis within each project's individual CIP budget. As such, no additional funding is required by this action. Recommended Action: *A) Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional Services Contract between the City of Huntington Beach and Wallace and Associates Consulting, Inc. for On Call Construction Management and Engineering Services; and, V t67V-G ft Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional Services Contract between the City of Huntin ton Beach and Dudek for On Call Construction Management and Engineering Services; and,t!!�75� C) Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional Service Contract between the City of Huntington Beach and Vali Cooper and Associates, Inc. for On Call Construction Management and Engineering Services. / City of Huntington Beach Page 1 of 3 93 Printed on 10/31/2018 powered by LegistarTI File #: 18-451 MEETING DATE: 11/5/2018 Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects could be delayed until new contracts are approved. Analysis: On November 28, 2017, the City advertised a Request for Qualifications ("RFQ") for On -Call Engineering and Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Nineteen (19) proposals were received for construction management and engineering services. In accordance with qualifications based selected procurement per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Proposals were evaluated and ranked by a three (3)-member panel review team established by the Public Works Department. The reviewers were a Senior Civil Engineer, and two (2) Public Works Contract Administrators. After conducting the entire evaluation process, including negotiation for competitive rates, the top four (4) firms were selected to increase the opportunity for competitive proposals for future projects from qualified on call consultants. They are Wallace and Associates Consulting, Inc.; Dudek; Vali Cooper and Associates, Inc.; and Arcadis, U.S., Inc. Due to the need for professional engineering services for a high profile transmission water main relocation project, on April 2, 2018, City Council approved the on call contract with Arcadis, U.S., Inc., leaving the remaining top three (3) firms to seek approval at a later date. The Summary of evaluation sheets for the top (4) firms, and the fifth (5th) firm not selected are shown in Attachment 4. The contracts recommended in this Request for Council Action (RCA) are to support construction management and engineering services for various capital improvement projects. These services have historically been utilized to supplement City staff to meet annual CIP goals, as an extension of staff and/or to provide required expertise for unique projects. It is anticipated that these services will be required based on past years. Each project is evaluated on a case -by -case basis to determine if these as -needed contracts are necessary. The City's Capital Improvement Program ("CIP") Fiscal Year 2018/19 CIP totals $24.7 million in new projects. Typical design and construction support costs from use of consultants on a CIP project can vary between ten (10) to twenty (20) percent of total costs for a CIP project. Therefore, it is practical to conservatively estimate minimum annual consultant costs would be approximately $2.4 million to the City for total CIP projects or $6 million within the next three (3) years. Construction management and engineering services are typically required for all CIP projects, such as street improvements, traffic signal improvements, water improvements, sewer improvements, and other City infrastructure improvements. Therefore, these consultants were selected to meet projected workload over the next three years with a total contract limit of $4,500,000. This agenda item does not require Public Works Commission Action. City of Huntington Beach 84 Page 2 of 3 Printed on 10/31/2018 powered by LegistarT1d File #: 18-451 MEETING DATE: 11/5/2018 Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Wallace and Associates Consulting, Inc. for On Call Construction Management and Engineering Services 2. Professional Services Contract between the City of Huntington Beach and Dudek for On Call Construction Management and Engineering Services 3. Professional Services Contract between the City of Huntington Beach and Vali Cooper and Associates, Inc. for On Call Construction Management and Engineering Services 4. Professional Service Award Analysis for Wallace and Associates Consulting, Inc., Dudek, Vali Cooper and Associates, Inc., Arcadis, U.S., Inc., and Vendor #5 City of Huntington Beach 95 Page 3 of 3 Printed on 10/31/2018 powered by Legistarl PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VALI COOPER AND ASSOCIATES, INC. FOR ON CALL CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Vali Cooper and Associates, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on call construction management and engineering services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Hank Doll who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/ surfnet/professional svcs mayor I of 11 10/12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on-j74 j(eM Vr 20 / ff (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million and Five Hundred Thousand Dollars ($1,500,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnet/professional sues mayor 2 of 11 10/12 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars agree/ surfnet/professional sves mayor 3 of 11 10/12 ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/ surfnet/professional sves mayor 4 of 11 10/12 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/ surfnet/professional Svcs mayor 5 of 11 10/12 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement.. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/ surfnet/professional Svcs mayor 6 of 11 10/12 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Joseph Dale 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Vali Cooper and Associates, Inc. Hank Doll, PE -President 2000 Powell Street, Suite 550 Emeryville, CA 94608 (510) 446-8301x533 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 agree/ surfnet/professional sves mayor 7 of 11 10/12 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/ surfnetlprofessional secs mayor 8 of 11 10112 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfneUprofessional sves mayor 9 of 11 10/12 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfneUprofessional svcs mayor 10 of 11 10/12 CONSULTANT, CITY OF HUNTINGTON BEACH, a Vali Cooper and Associates, Inc. municipal corporation of the State of COMPANY NAME Californi , A California Corporation [LL✓. ALL, By: print name City Clerk 42/aft r ITS: (circle one)ChairmanlPresiden ice Presiden� AND INITIATED AND P OVED: By:ct, — 11 iB rector of Public orks Pl7n t 6rai ITS: (circle one)41.10 hief Financial Officer/Asa Secretary-Treasur REVIE D APPROVED: C anager APPROVED FORM: City Attorney agree/surmnm/professional svcs mayor 11 of 11 10/12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an 'as -needed' basis for projects to be determined during the term of the agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications for On Call Construction Managenet 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 Sample Contract known as Exhibit 10-R (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 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 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. Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall 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. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payinent 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. 4. 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. Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VALI COOPER AND ASSOCIATES, INC. FOR ON CALL CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificateof Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate .................................................................................1 1 VALICOO-01 DAFKMI CERTIFICATE OF LIABILITY INSURANCE D 05125/20/8 05/25/209 8 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 pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 FACT Concord, CA - HUB International Insurance Services Inc. PHONE --- I FAX Concord, CA 94520 -�--- -- — 2300 Clayton Rd. (A/c, No, Ext): (925) 609-6500 ((A/c,_N,):(925) 609 6550 E-MAID __...._.._..___.................. _... ,_....,. INSURERj5l AFFORDING COVERAGE„ .......... .JIC # ....................._._._.. ........__-._.. .... .......... _._ ................ ------- __. ____F_IDLSURERA Fianov r.Insurance COIII _8n .... 122292 INSURED i INSURERS: Massachusetts Bay Insurance Ce�an�__. 22306 ........... Val! Cooper &Associates, Inc, Naviaatnrs-Special Insurance Compaq ,36056 2000 Powell Street, Suite 550 -- Emeryville, CA 94608 INSURER D:Travelers Property Casual Company of America 25fi74 f COVERAGES CFRTiFICATF MI1a9RQ0• --... THIS IS TO CERTIFY THAT THE POLICIES .. ._..•- OF INSURANCE •••, ••••• LISTED BELOW HAVE BEEN ISSUED REVISION NUMBER: TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR; LIKADDL i TYPE OF INSURANCE SUBR YVVOPOUCY ._...__---__.�...._. NUMBER ._...._.._ . POLICY EFF _....._.... ..___.................... .... — ..... —...... POLICY EXP LIMITS A !X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X I OCCUR EACH OCCURRENCE 3 5 2,000,000 r :_........, , �( ZHF 8970089 08 12/30/2017 DAMAGE TO RENTED 12/30l2018 1,000,000 P F_M1 llf.L@DL@).. S__.._._ Ded: 0 .fn.S..IF.$.8. _ - _...._.... 10,000 _..._—.._ M,ED,EXP_{Any,One Derson S ------ ---- _PERS,{QNALB_AOV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: t I POLICY PRO- I x LI-�' LOC GENERALAGGR GATE $ 4,000,000 -- -..........------- I -- I JECT L- - 4,000,000 PRODUCTS._:_COMPIOPAGG $ � OTHER $ B 1 AUTOMOBILE LIABILITY I............ i COMBINED SINGLE LIMIT 1,000,000 X .ANY AUTO - ' OWNED SCHEDULED ADF 8962855 08 12/30/2017 (Ea accltlenn ........ $ ......... 12/30/2018 ;,BODILY INJURY, Per arson f P I I AUTOS ONLY AUTOS I---- - ._.. _ _...._.).._ _$._.....__ Peraccldent $ IRE� L_. AU70S ONLY ALOJTOS ONLY -BCf]ILYINJURY PROPERTY AMAGE X Ded:0 $ ;,,{P,eLgwdent _.............. C CCU UMBRELLA UAB X OR $ EACH OCCl1RRENCE $ 10,000,000 X EXCESS LIAe CLAIMS -MADE __......O._ SE17EXC7018581C 12/30/2017 12/30/2018 10,000,000 ... ................ DED I X RETENTION$ 0�- AGGREGATE —. __....._ s D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I �( PER OTH- Y/ N ANY PROPRIETOR/PARTNDED? CUTIVE EXCLUDED? N!A' UB-8J493247-17-43-G 12/30/2017 —---=)_�- 12/30/2018 — 0 E.L. EACH ACCIDENT _— 1 5 1,000,000 (Man at/MEMg�- (Man describe In and If yes, describe under � E.L. DISEASE - EA EMPLOYE 1,000,000 ........_. __.._.. DESCRIPTION OF OPERATIONS below E PROFESSIONAL LIAB I AEH288342192 E.L. DISEASE - POLICY LIMIT I $ 1,000,000 12/30/2017 12130/2018 Per Claim 10,000,000 E Claims -Made 110,000,000 AEH288 342192 12/30/2017 12/30/2018 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if More space Is required) Re: On -Call Construction Management Services. City of Huntington Beach as Additional Insured as respects General Liability per attached forts MAN-0426 0716 & MAN-0427 0715. Professional Liability deductible .$I '100a. � fUgJJNIINfIN �a � As required by written contract. APP5RVED AS TO FORM A.9NUO.l V A.I.iO (This certificate supersedes certificate previously issued.) J -J SaIVO 'a `19�IW By: i1Ldd /// 'R9 MICHAEL E. GATES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD >Exbit Ate' *A� Vali Cooper & Associates, Inc. soaring since 1987 Qualifications to Provide to the City of Huntington Beach: On -Call Construction Management Services - Federal (2017-1128C) January 11, 2018 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) TT I Table of Contents Section A CoverLetter..............................................................................................................................................1 Section B VendorApplication Form..........................................................................................................................4 Section C Pre -Qualifications Form (Exhibit A)...........................................................................................................6 Section D Service Category (A. Construction Management)......................................................................................7 Section E Cost Proposal/Rate Schedule (Caltrans Forms 10-H & 10-K) - Separate Sealed Envelope Appendix - Forms Exhibit 10-01. Consultant Proposal DBE Commitment.................................................................................... 39 Exhibit 10-02. Consultant Contract DBE Information...................................................................................... 40 Exhibit 10-Q. Disclosure of Lobbying Activities............................................................................................... 41 Exhibit 17-F. Final Report - Utilization of DBE, First -Tier Subconsultants.......................................................... 47 �6.ValiCooper & Associates, Inc. CONSTRUCTION EMiNT SERVICES Vali Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES Section A. Cover Letter January 11, 2018 Mr. Jim Slobojan City of Huntington Beach, Fiscal Services Division 2000 Main Street Huntington Beach, California 92648 Regarding: Statement of Qualifications for the On -Call Construction Management Services - Federal (2017-1128C) Dear Mr. Slobojan, The City of Huntington Beach is undertaking a comprehensive 2017/2018 Capital Improvement Plan (CIP) over the next three years consisting of storm water and SWPPP compliance, roadway improvements/paving operations, bridge retrofits, park construction and facility improvements, sewer pipeline replacement/ rehabilitation, lift station rehabilitation, and water rehabilitation and water main replacement projects. The City will require a dynamic and experienced team with extensive construction oversight and management knowledge to manage your various, multi -funded public works infrastructure projects. Vali Cooper & Associates, Inc. (VC&A) has reviewed your CIP, met with the City, has a keen understanding of the City's coastal community culture and the need to be cognizant of potential project impacts as well as their affect on the traveling public. As a "pure" CM Firm, VC&A offers the City the following: Experienced Team: Our proposed staff has significant experience working with storm water and SWPPP compliance, roadway improvements/paving operations, bridge 3 construction, park and facility improvements, sewer lift station rehabilitation, wells, 0 �SC well rehabilitation, and water main replacement projects. Your CIP will be managed S �Q� �iCE CO by your single point of contact, Project Manager Joe Webber, MBA, CCM, DBIA. Joe Many of our team members a Certified Construction Manager by the Construction Management Association of NASSCO Certified. America (CMAA). With more than 25 years of experience and a broad range of expertise, Joe will serve as the City's main point of contact. Joe has successfully managed multiple on -call programs, including his most recent experience managing an on -call CM contract with the City of Huntington Beach in 2016 through 2017. Joe will be responsive in providing staffing, including NASSCO certified individuals, in support of your projects. He will mobilize high quality staff quickly who will integrate seamlessly with the City of Huntington Beach and any project team. In addition, our team is experienced in providing construction management and inspection services for federal, state, and local funding projects and have an excellent record of providing meticulous documentation. 725 W. igi n and Country Road, Suite 140 • Orange, California 92868 • (949) 390-2860 • FAX (949) 390-2863 'S6� Vali Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES Depth of Resources and On -Call Experts: Having held more than 200 on -call contracts, VC&A is regarded as the leading firm in California to provide on -call construction management and inspection services. In particular, our portfolio features 64 Caltrans on -call construction management contracts for transportation improvements across the state. Each of these on -call contracts has required the capacity to manage multiple simultaneous projects, flexibility to rapidly deploy expert staff, and responsiveness to changing project demands. Flexibility, Ability to React Quickly, and Excellent Record of Performance: VC&A takes tremendous pride in our ability to meet our clients' needs in a cost-efficient, timely and proactive manner. This is exemplified through our successful delivery of projects, our repeat clients and our ability to respond quickly in emergency situations. A true testament to our abilities to respond quickly to client needs is the Oroville Dam Emergency Repair project. After receiving a call at 7:30 PM the day of the emergency from the Department of Water Resources requesting inspection and contract administration support (as part of our on -call contract), VC&A's staff was at the Oroville Dam location the following evening, with all required PIPES, tools, and vehicles. The City's contract will be managed locally from our office located at 725 W. Town and Country Road, Suite 140, Orange, CA 92868. Please do not hesitate to contact Project Manager Joe Webber at (619) 929-6090, or joe.webber@valicooper.com, should you have any questions regarding our submittal. We are in receipt of all Addendum 1 dated November 29, 2017, Addendum 2 dated November 28, 2017, and Addendum 3 dated December 21, 2017. As President of VC&A, I am authorized to bind the firm. VC&A as a firm is large enough to have the capabilities and resources to handle large, complex projects, with processes and tools in place to efficiently and effectively manage our contracts. VC&A offers you the essential management experience and experienced staff with the right skills and commitment to provide the high-level support you require. Respectfully submitted, Vali Cooper & Associates, Inc. � �_ 7kDEe�,, Hank Doll, PE President 725 W. i �n and Country Road, Suite 140 • Orange, California 92868 • (949) 390-2860 • FAX (949) 390-2863 2 Vali Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 960-8820 ADDENDUM NUMBER ONE For RFQs — Water, Plan Check, Ocean, Architectural, Transportation, Construction Management, Materials, Civil in the CITY OF HUNTINGTON BEACH November 29, 2017 Notice To All: City of Huntington Beach has extended the due date from January 41, 4:00 pm 2018 to January 11th, 4:00 pm 2018 for eight (8) Request For Qualifications (RFQ) for various professional services (Water, Plan Check, Ocean, Architectural, Transportation, Construction Management, Materials, Civil). This is to acknowledge receipt and review of Addendum Number One, dated November 29, Vali Cooper & Associates, Inc. Company Name January 11, 2018 Date � �- --7D4 By All bidders must acknowledge and include the receipt of this Addendum with your RFQ packages. CC1392, Addendum No. 1 Page 1 725 W.1 !n and Country Road, Suite 140 • Orange, California 92868 • (949) 390-2860 • FAX (949) 390-2863 Vali Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES Section B - Vendor Application Form REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: 0 NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: Vali Cooper & Associates, Inc. Contact Person for Agreement: Corporate Mailing Address: City, State and Zip Code: E-Mail Address: hank.doll@valicooper.com Phone: (510) 446-8301, ext. 533 Hank Doll, PE - President 2000 Powell Street. Suite 550 Emervville, California 94608 Fax: (510) 446-8529 Contact Person for Proposals: Joe Webber, MBA, CCM, DBIA Title: Vice President E-Mail Address: joe.webberCa�valicooper.com Business Telephone: (619) 929-6090 Business Fax: (949) 390-2863 Is your business: (check one) ❑ NON PROFIT CORPORATION X❑ FOR PROFIT CORPORATION Is your business: (check one) X❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION 725 W.'%n and Country Road, Suite 140 • Orange, California 92868 • (949) 390-2860 • FAX (949) 390-2863 4 Vali Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Gary Bedev Chief Executive Officer Hank Doll President Agnes Weber Chief Strategy Officer Marian Ross John Collins Chief Financial Officer Chief Ooeratine Officer Federal Tax Identification Number: 68-028-4873 Phone 510) 446-8301 Ext. 531 (510) 446-8301 Ext. 533 (510) 446-8301 Ext. 512 510) 446-8301 Ext. 517 510) 446-8301 Ext. 508 City of Huntington Beach Business License Number: None (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 725 W. �wn and Country Road, Suite 140 • Orange, California 92868 • (949) 390-2860 • FAX (949) 390-2863 5 'S�� Vali Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES Section C. Pre -Qualification Form (Exhibit A) EXHIBIT A: PRE -QUALIFICATION FORM ON -CALL CONSTRUCTION MANAGEMENT SERVICES SERVICE CATEGORY PROPOSING? Y/N (circle) A. Construction Management No 725 W. Town and Country Road, Suite 140 • Orange, California 92868 (949) 390-2860 FAX (949) 390-2863 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Section D. Service Category (A. Construction Management) Firm Qualifications 1 00 vC&P\SRNe�d�ecard t Since our establishment En91neerMa9a2�e in 1987, Vali Cooper & \ Associates, Inc. (VC&A), a California Corporation, has provided construction, program management and inspection services to public and private sector clients throughout Southern California. VC&A provides these services from project inception through construction, operations, and project closeout. Celebrating 30 years in business, VC&A is a leading provider of construction management, inspection, and stormwater compliance services to public sector clients throughout California. For the past 16 years Engineering News -Record has listed VC&A as one of the top 100 Construction management firms in the nation. In the just released ENR rankings, VC&A is listed in the Top S in California for pure construction management services. With a staff of more than 200+ licensed engineers, construction and program managers, inspectors, office engineers, technicians and administration support in offices throughout California, VC&A has developed a reputation of delivering unmatched on -call management solutions that exceed client expectations. In addition, we are proposing 13 individuals that recently completed the training and certification for NASSCO, Inspector Training & Certificate Program (ITCP) for the Inspection of Cured -in -Place -Pipe (CIPP) Installations. VC&A is also an industry leader in stormwater and NPDES permit compliance. For over a decade, VC&A served as a key member of the Caltrans Storm Water Task Force, responsible for monitoring construction sites for compliance with federal and state water pollution control permits. Such monitoring achieves the objectives of the State's Storm Water Management Plan and verifies compliance with California NPDES permits. VC&A is currently the prime consultant on the Caltrans District 43 contract to provide on - call stormwater quality assurance services statewide. Among VC&A's core specialties are providing construction management and inspection of numerous capital improvement roadway and water and wastewater infrastructure projects both large and small. These projects have included the construction of the following: ✓ Roadway ✓ Sewer and construction water pipeline ✓ Street improvements rehabilitation and ✓ Grading/earthwork ✓ SWPPP ✓ Parks replacement (using conventional and trenchless methods) S.Val,iCooper & Associates, Inc. 7 CONSTRUCTION MANAGEMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Key Personnel VC&A staff understands the importance of providing timely inspections and accurate and thorough documentation of the work through daily diaries. Our staff has the hands-on experience and training to effectively inspect local agency projects and are extremely knowledgeable of Greenbook and Joe Webber, MBA, CCM, DBIA Project Manager Michael Yepiz Alternate Project Manager/ Construction Manager Nick Pailma, PE, QSD/P Construction Manager Caltrans specifications and procedures. Our staff also has the ability to quickly recognize issues and recommend solutions to correct field problems and are quite familiar with the various policies and procedures of local agencies. Highlighted below are qualification of our key personnel and their experience as it relates to your CIP. ✓Construction Management Certificate, UCLA, 2011 ✓ MBA, Business Administration, University of Phoenix, 2007 ✓ BS, Business Management, University of Phoenix, 2004 ✓ Certified Construction Manager, (CCM), Construction Management Association of America ✓ Design Build Institute, Design -Build Professional (DBIA) ✓ U.S. Army Corps of Engineers — Quality Control Management ✓ NASSCO, Inspector Training & Certificate Program (ITCP) for the Inspection of Cured -in -Place -Pipe (CIPP) Installations ✓ Project Management Program, California State University, Fullerton Extension ✓ General Education (No Degree), Orange Coast College and Coastline Community College ✓ NASSCO, Inspector Training & Certificate Program (ITCP) for the Inspection of Cured -in -Place -Pipe (CIPP) Installations ✓ BS, Civil Engineering, California State Polytechnic University, Pomona, 2005 ✓ Professional Civil Engineer, CA #76850 ✓Qualified SWPPP Developer/Practitioner, CASQA, #21385 ✓ NASSCO, Inspector Training & Certificate Program (ITCP) for the Inspection of Cured -in -Place -Pipe (CIPP) Installations 25 Ix IX Ix IX IX IX Ix Ix 40 IX IX IX IX IX IX IX IX item M� i7E�Illrll N6Vali Cooper & Associates, Inc. g CONSTRUCTION MANAGEMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) PERSONNELTABLE 1. KEY IMPROVEMENTCAPITAL CATEGORIES ROLE EDUCATION/REGISTRATIONS cc Uj LA Z Tom Nowak, PE, ✓ BS, Civil Engineering, UCI, 1978 36 LU LA . • X X X X X QSD/P ✓ Professional Civil Engineer, CA #38564 Construction ✓Qualified SWPPP Developer/Practitioner, CASQA Manager #23165 Michelle Leonard, PE, ✓ MS, Engineering Management, Drexel University, 2016 22 X X X X X X QSP ✓ BS, Civil Engineering, California Polytechnic State Construction University, San Luis Obispo, 1994 Manager ✓ Professional Civil Engineer, CA #58069 ✓ Qualified SWPPP Practitioner, CASQA #21078 Don Isom, QSP ✓ Qualified SWPPP Practitioner, CASQA #21254 26 X X X X X X X Construction ✓ Caltrans Test Methods Certificates of Proficiency: #216, Inspector #231, #504, #518, #533, #539 and #540 ✓ Division of the State Architect approved CMACN Masonry ✓ACI Concrete Field Technician/Grade 1 ✓OSHA, 10-Hour Construction (29 CFR 1926); OSHA, Confined Space Certification (29 CFR 1915); and OSHA, Fall Protection (29 CFR 1926.501) ✓ NASSCO, Inspector Training & Certificate Program (ITCP) for the Inspection of Cured -in -Place -Pipe (CIPP) Installations Remi Nunez ✓AS, Public Works, Citrus College 30 X X X X X X X Construction ✓ American Construction Inspectors Association Inspector Registered Construction -IV Inspector No. 5210 ✓ NASSCO, Inspector Training & Certificate Program (ITCP) for the Inspection of Cured -in -Place -Pipe (CIPP) Installations Rosario Ruvalcaba ✓ Construction Inspection of Traffic Signals and Highway 18 X X X X X X Construction Lighting Systems, UC Berkeley Extension Inspector ✓ Construction Site Storm Management Course, AEI- CASC ✓ Construction Inspection Workshop, APWA ✓ Water Distribution Operator Grade III, State of California Marc Laroche ✓ OSHA, 40-Hour Hazardous Materials (29 CFR 1926) 30 X X X X X Construction ✓ Registered Construction Inspector #6096, Division IV - Inspector Public Works, ACIA ✓ACI, Concrete Field Technician, Grade 1 Vali Cooper & Associates, Inc. CONSTRUCTION =GMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Tom Galvan ✓Journeyman Carpenter 35 X X X X X X Construction ✓ Resident Engineer Training Inspector ✓ OSHA, 30-Hour Construction (29 CFR 1926); and OSHA, Shoring and Excavation Safety (29 CFR 1926.650) ✓ ACI, Concrete Field Testing Technician, Grade 1 ✓ Caltrans Test Methods: 125, 518, 533, 539 & 540 ✓ NASSCO, Inspector Training & Certificate Program (ITCP) for the Inspection of Cured -in -Place -Pipe (CIPP) Installations Warren Williams ✓ Courses in Business Management, West Virginia State 33 X X X X X X Construction College Inspector ✓ Coursework, Detroit College of Business, Greenbrier Community College, and Cerritos Community College ✓ IBEW Local Union 11 ✓ OSHA, 80-Hour Construction (29 CFR 1926) Matt Tsugawa, RLA, ✓ Local Assistance Resident Engineer Academy, 2011 29 X X X X X X QSD/P ✓ BS, Landscape Architecture, California State Specialty/SWPPP Polytechnic University, Pomona, 1987 Inspection ✓ BA, Studio Arts, University of California, Santa Barbara, 1983 ✓ Registered Landscape Architect, CA #2982 ✓ Qualified SWPPP Developer/Practitioner, CASQA #00987 Agency References VC&A is currently providing construction management, inspection, and engineering support on an a -needed basis throughout Southern California. Provided in this section is a sampling of our experience as it relates to the City's scope of services and Capital Improvement Program. 1. On -Call Construction Management/Engineering Support/Testing and Inspection, City of Cypress VC&A is currently providing construction management, engineering support, materials testing and construction inspection services on an "as -needed" basis. Since May of 2012, VC&A has provided services on over eighty (80) separate task orders encompassing Capital Improvement Program (CIP) as well as several permits or Non-CIP projects. A small selection of projects are highlighted: N.Va_liCooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES 10 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Annual Slurry Seal Project and Concrete Rehabilitation. VC&A provides construction management and inspection on the slurry sealing GPS enabled cameras, coordinates with the City, designer of record and contractor, responds to RFI's, provides quality assurance, and provides public of various streets in the City of Cypress and various outreach to residents and businesses affected by concrete work within the City's right-of-way. the construction. VC&A managed and inspected daily construction activities, monitored traffic control, inspected contractor operations including but not limited to mobilization, surveying, traffic control, crack sealing, removal and replacement of AC paving, removal of existing traffic striping and markers, Type I and II Slurry Seal with 2.5% Polymer Modified (Rubber Latex), replacement traffic striping, markers, and curb paint. Additional project elements include removal and replacement of PCC curb and gutter, PCC sidewalk, PCC cross gutter and spandrel, ADA curb ramps, installation of detectable warning surfaces, tree removal and stump grind, safety compliance and compliance with storm water pollution prevention plans. VC&A's construction manager provides submittal reviews for compliance and the inspection staff prepares daily reports, verifies field pay quantities for monthly progress payments, prepares weekly statement of working days as -needed, attends project pre -construction and status meetings as - needed, provides photo documentation using Sewer Rehabilitation Projects. VC&A provides inspection on various sewer rehabilitation and lining projects for the City. Work includes removal and replacement of existing VCP and other types of sewer lines. Construction duration varied by projects. VC&A provided submittal reviews for compliance and inspected daily construction activities, monitored traffic control, inspected contractor operations including but not limited to mobilization, surveying, traffic control, excavation, bypass installation, remove and replace existing sewer line, bedding, re-establish laterals, slurry backfill, hot mix asphalt, replacement of traffic striping and markings, pavement markers, safety compliance and compliance with storm water pollution prevention plans. Non-CIP Permit Inspection. VC&A provides inspection for non-CIP, encroachment permit, and emergency construction activities, including adherence to City standards, traffic control, safety compliance and compliance with storm water pollution prevention plans. Permit work includes SCE, So Cal Gas, Golden State Water, OC Sanitation, and various developers. Vali Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES 11 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Residential and Arterial Street Rehabilitation Projects. VC&A provides construction management and inspection for the various street rehabilitation and overlay projects. Work consists of sealing all cracks, repairing areas of extensive cracking, slurry sealing of the pavement, repainting curb address numbers, removal and replacement of select parkway trees, repairing lifted sidewalks and curb and gutter, and installing ADA curb ramps. 2. On -Call Construction Management and Inspection Services, Rancho Palos Verdes VC&A was selected for the City of Rancho Palos Verdes to be included on their list of authorized on -call consultants. VC&A provided project, construction management, and other relevant services for the following project: The City of Rancho Palos Verdes Residential Streets Rehabilitation Project, Areas 1, 513 & 9 Overlay and Slurry Seal Rehabilitation. The project consisted of three separate areas that included edge mill and AC overlay, slurry seal applications, removal and replacement of sidewalk, driveway aprons, curb and gutter and ADA-compliant curb ramps that were constructed as identified in the contract drawings. This project involved a mixture of pavement repair/ rehabilitation construction methods with an overall goal to improve the condition of the existing residential streets within the City. N6Valfli Cooper & Associates, Inc. caNSTRucnoM mAikk1A rimsm samcss 12 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) The City identified locations where the edge mill and grind AC overlay method were used as well as slurry seal applications. Locations were spread throughout the City, as a result, our team coordinated all activities to verify that mill grinding, street improvements were performed in 3. Firestone Boulevard Improvements, City of South Gate South Gate Firestone Bridge Widening Final Plan Review; City Project No. 354-ST. VC&A has provided a review of the final plans and specifications. Truck Impacted Intersection Improvements at Firestone Boulevard and Rayo Avenue. VC&A was selected and provided construction management services to oversee roadway improvements that included the replacement of the existing asphalt concrete pavement with Jointed Plain Concrete Pavement over Hot Mix Asphalt. Work also included removing the existing raised median on Firestone Boulevard west of Rayo and construction of a new raised median. Project construction included construction of sidewalks, ADA improvements, signing, striping, traffic signal modification, cold milling of pavement and restoration of adjacent improvements. Associated street improvements on Firestone Boulevard and Rayo Avenue included curb and gutter and driveway construction. Sidewalk work along the west side of Rayo Avenue to the south encroached upon the Union Pacific Rail Road. accordance with the Contract Specifications prior to the slurry applications. All streets that received pavement rehabilitation included the removal and replacement of existing pavement markings, striping and markers as identified in the plans and specifications. Arturo Cervantes, PE, Director of Public Works/City Engineer, City of South Gate, Acervantes@sogate.org, (323) 563-9512 Project Manager: Steve Quezada Other Team Members: Ed Durazo, Albert Murillo, Brad Brooks, Thomas Michael, Robert Estrada ✓ Plan Review: 10/2017 - Ongoing ✓Truck Impacted:1/2015 - 7/2015 ✓ Phase II Atlantic: 2/2015 - 3/2015 ✓ South Gate Highway: 2/2015 - 4/2017 Phase II Atlantic Avenue/Firestone Boulevard Traffic Improvements. VC&A was a subconsultant to Hartzog & Crabill for this Firestone Boulevard and Atlantic Avenue Phase II Project at rail road crossing for the City of South Gate. Pavement improvements included cold milling; hot mix asphalt paving; ARHM paving; new curb, gutters, ramps, and driveway approaches; signing and striping; and decorative sidewalk. Other work included adjusting manholes and valves, traffic signal modifications, S.ValiCooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES 13 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) installation of SIC, CCTV, and overhead signage, modifications, and new sidewalk and handicap and rail road pre-emption with queue management ramps at various locations. The work included plan. Landscape construction included irrigation and new traffic signal equipment, service cabinets, planting primarily along Firestone Boulevard at/near pedestrian heads, video detection systems and its intersections with Atlantic Avenue and Mason Street/Firestone Place, as well as along Atlantic Avenue at/near its intersections with Azalea West and Salt Lake Avenue/Patata Street. South Gate Highway Safety Improvements. VC&A was selected to provide construction management services for 6 existing traffic signal intersection 4. On -Call Construction Management and Inspection Services, Castaic Lake Water Agency VC&A is currently assisting the Castaic Lake Water Agency with a significant backlog of water infrastructure projects that are in need of repair and replacement. CLWA has approved a 10-year CIP which represents approximately $150 million in projects. This CIP includes a variety of water pipeline conveyance, treatment, storage and support facilities including pump stations. Rio Vista Valve Vault No. 2 - Vault Modifications. The project replaces an existing 72-inch butterfly valve and includes piping and appurtenances within the vault as well as site modifications including a new concrete masonry unit perimeter wall and pavement. VC&A performed several biddability/constructability (B/C) reviews of the drawings resulting in a variety of comments street lighting. The work involved extensive coordination with the City staff and contractor for lane closures and traffic signal shutdowns. Work was scheduled during the day and night time hours in order to alleviate impacts to the public. identified and corrected by the design team prior to construction bid issuance. S.ValiCooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES 14 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Newhall Lateral Reach 2A Modifications. The project included fabrication and installation of two pipeline pump outs and sample vaults, two manway access assemblies and disinfection and testing requirement on the completed work, along the Newhall Lateral Pipeline. Newhall Lateral Reach 2B Modifications. The project was a second phase of the Newhall Lateral Modifications Project and included fabrication and installation of three manway access assemblies, replacement of two manway frames and covers, installation of new air vacuum release valves, pipeline and coupling replacement, disinfection and testing requirement on the completed work, along the Newhall Lateral Pipeline. VC&A provided full CM services including a B/C review. Work for both 2A and 213 was performed on a heavily traveled public bike and equestrian thoroughfare. The project was completed with minimal impact to pedestrian traffic and required extensive safety consideration. RVWTP Entrance Gate Relocation and Security Kiosk. VC&A provided the B/C review on the 90% submittal documents for the RVWTP Entrance Gate Relocation and Security Kiosk Project. Foothill Feeder Turnout. The project consists of construction of a new 140 cfs turnout structure. Work included construction of a new valve vault and meter vault. The valve vault will contain an owner furnished 36" conical plug valve and the meter vault will contain a 36" magnetic flow meter along with all associated piping and appurtenances, electrical and SCADA integration into CLWA system. VC&A performed pre - construction services in the form of a B/C review of the drawings, resulting in several comments that have been addressed by the design team prior to construction. VC&A is providing construction management and inspection services for all phases of construction and will provide post -construction services. N.Vafi Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES 15 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Overall Firm Benefit The VC&A team is committed to providing the City of Huntington Beach the best people, practices and lessons learned from our previous experience managing similar on -call contracts. We "walk the talk" and our core values of dedication to client and employee success, integrity to the highest ethical standards, and focus on the best project delivery through innovation and flexibility is testimony to our success. What's different about VC&A is we value our people. We hold our CM professionals in high value. Our record of employee retention reflects this. Over 37% of our staff have been with us for more than resumes to help identify resources for client needs. ✓ Excellent Record of Performance and Project Success: VC&A's work culture emphasizes team collaboration and responsiveness to client needs. VC&A brings an excellent record of performance in delivering capital improvement projects efficiently, safely, without disruption likoilli� Vali Cooper & Associates, Inc. soaring since 1987 5 years and 18.3% have been with VC&A for more than 10 years. This is significant in the CM/Consultant industry. Over the years we have developed the means and methods of delivering the highest in CM services to our clients by working together with respect and a high regard for each member of the VC&A family. ✓ A Team that has Never Failed to Meet an On - Call Contract Need: In our 30 years of business, VC&A has never failed to meet a client staffing request quickly and efficiently no matter what the circumstances. We have the tools and staffing in place to effectively meet the needs of our clients, sometimes with very little notice. Our data system houses real-time employee to on -going operations, effectively managing cost, schedule and risk, and with quality results in the final product. We have the ability and experience to mobilize high quality staff quickly who are trained, prepared and ready to work and will integrate seamlessly with the City team. ✓ Commitment to go Above and Beyond: The VC&A team lives by this philosophy and our successful working relationship and repeat contracts is a testament to this, as is our ability and track record of moving staff onto a project quickly based on the client's needs, sometimes in less than 24 hours. It is in this flexible fashion that VC&A is ready to meet the commitments and expectations to assist with delivering the success of your program and projects. Staffing The City's contract will require a construction management team that has worked successfully on similar projects, is technically knowledgeable, can integrate seamlessly with City staff, and has the �6.Va,l.iCooper & Associates, Inc. 16 NSTRUCTION MANAGEMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) right personalities and approach to proactively and sensitively address any concerns. Additionally, the team needs to coordinate construction activities within the public right of way, communicate with multiple stakeholders such as Caltrans, and take a proactive approach in identifying and mitigating potential issues before they impact the project schedule and cost. Our proposed team will work to protect the interests of the City at all times while delivering a successful project, which is the standard of care on all VC&A projects. Our organization chart is provided on the following page. Our key personnel will be committed to performing the required tasks throughout the duration of the contract. LOCAL ASSISTANCE PROCEDURES MANUAL 2017 4pe.r. d bye.ar AW p.YY.dI�MYaa �� Resumes Resumes for our key personnel are provided at the end of this section. DBE Participation As a graduate from the DBE Program, VC&A is committed to the utilization and participation of certified DBE firms, and have an excellent record for including highly qualified SBE, DBE, s�Py OF ,' MBE, and WBE WP a o _ Yt =o firms in virtually all of our projects. N IFIED CERTIFICATION PROGRAM California Disadvantaged To this end, our Business Enterprise (DBE) • team includes . the DBE Program, ' the following DBE firms: APSI Construction Management, Dynamic Engineering Services, Inc., and La Salle Solutions, LLC. Subconsultant Management Joe Webber will meet regularly with our subconsultants to discuss project goals, communicate/confirm project progress, and promote team building. He will also routinely perform QA/QC reviews and reasonableness checks of their work. Joe will establish schedule, scope and fee commitments from all our subconsultants. Understanding & Methodology City of Huntington Beach Understanding of the Work to be Done The City of Huntington Beach is a seaside city within Orange County with 8.5 miles of beautiful beach front. Huntington Beach offers residents a charming community with ideal weather, a diversified economy with abundant employment opportunities, a wide variety of housing, an excellent educational system, boat marinas, and numerous parks. N.ValriiCooper & Associates, Inc. NSTRUCTION MANAGEMENT SERVICES 17 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Organizational Chart (VC&A) Ed Durazo, CPM 4 (VC&A) Joe Webber, MBA, CCM, DBIA * (VC&A) Mario Marzona, EIT (VC&A) Linda Smoot (VC&A) Jennifer Saldivar (DESI) Chia -Chi Wang, PE, PMP City of Huntington Beach Department of Public Works VC&A Vali Cooper & Associates, Inc. APSI APSI Construction Management (DBE) DESI Dynamic Engineering Services, Inc. (DBE) GSI Guida Surveying, Inc. LS La Salle Solutions, LLC (DBE) NM Ninyo & Moore * Key Personnel NASSCO Certified MM,ALTERNATE PROJECT MANAGER (VC&A) Michael Yepiz * (VC&A) Nick Pailma, PE, QSD/P (VC&A) Tom Nowak, PE, QSD/P (VC&A) Michelle Leonard, PE, QSP (VC&A) Dave Sluga, PE, QSD/P, ToR (VC&A) Rod Holtman, PE, QSD/P (VC&A) Michael Moen (VC&A) Steve Quezada, PE, QSP (APSI) Alexander van Elden, PE, LEED AP (APSI) Pravinder Bedi, CCM, LEED AP (APSI) David Dunstan, CCM (APSI) Shawn Andersen, PMP (VC&A) Don Isom * (VC&A) Thomas Michael, EIT, QSD/P (VC&A) Remi Nunez *♦ (VC&A) Rosario Ruvalcaba (VC&A) Robert Estrada (VC&A) Albert Murillo (VC&A) Marc Laroche (VC&A) Brad Brooks (VC&A) Tom Galva * (VC&A) Warren Williams (VC&A) Ryan Ketchum (VC&A) Mitch Morgan (VC&A) Sam Roe (APSI) Daniel McCarthy (LS) Exavier Aguilar (LS) Steve Weinreich (LS) Enrique Castaneda (VC&A) Matt Tsugawa, RLA, QSP/P * (VC&A) Dave Sluga, PE, QSD/P, ToR (VC&A) Thomas Michael, EIT, QSD/P (APSI) Axel Hartquist, PSP (GSI) Tim Fettig, PLS (NM) Garreth Saiki, PE, GE (GSI) Adam D'Alvia, PLS (NM) Tim Porter (GSI) Robert Aguilar (NM) Kevin Tolin Vaii Cooper & Associates, Inc. 18 CONSTRUCTION =rwaff SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) The City of Huntington Beach's Public hundreds of public works projects, over Works Department is tasked with RequesOrder tfrom the past 30 years, working closely with City City of maintaining the city's beach -side nostalgia staff, adjacent agencies and community Beach and standard of living by offering project stakeholders. management on several projects such as Joe Meets with City I Staff to Review Project 1 Our Project Manager Joe Webber will be pavement management, general surveying,Scope,Budgetand Schedule your single point of contact. Joe's alternate engineering, technical oversight and Project Manager will be Michael Yepiz. All review, construction drawings and contract VC&A Prepares and requests for personnel and services will document preparation, construction Submits Proposal go through Joe. Once the City issues a task quality assurance, contract administration; order request, Joe will verify project scope, and inspection related to capital F"C'ity Is .. 791 1 F Task including the location, duration, type, size improvement, utility public encroachment, Authorization and complexity of the project, and will and development entitlement. k to VC' work with the City of Huntington Beach VC&A staff are honored to partner with the to identify the most appropriate person(s) city's staff in managing these projects to Joe Mobilizes the Team available for each assignment. Joe will also the point of success. VC&A's understanding assist the City in confirming the project of the work to be done will include pump budget and coordinate the work of our . Manages the Task - stations, lift station, curb, gutter, sidewalks, Authorization subconsultants as -needed. The project pipeline, structures, road rehabilitation task order authorization procedure Joe and bridge retrofits. In addition, projects utilizes is summarized and illustrated will require in depth knowledge of the herein (see inset). Caltrans LAPM, Caltrans Construction VC&A Provides the City with a Depth Manual, and other FHWA requirements. Budget and Breadth of Resources Update to the City We are also knowledgeable and familiar through Project Completion At VC&A, our personnel are subject with City standards and the Greenbook. to a rigorous selection process and Objective eventually handpicked to provide you, our client, The VC&A team has demonstrated a successful with unparalleled experience and reliability. Our approach to many on -call contracts serving local operational process provides for skills -based coastal communities with similar needs as the City recruiting, long-term retention (half the company of Huntington Beach. The VC&A team has effectively has been with us for more than 5 years) and regular implemented best construction management technical and construction management training practices, maximizing quality and efficiency on which, in turn, results in an extensive "deep pool" of Vali Cooper & Associates, Inc. 19 CONSTRUCTION MANAGEMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) resources. We have staff that can manage or inspect on Caltrans or Caltrans oversight projects, as well any type of project; from Registered Landscape as projects with multiple funding mechanisms Architects with construction backgrounds to Storm including federal, state, and local sources. Water Pollution Prevention experts. This protocol Ability to Respond Quickly With Qualified CM has become an integral part of our established Staff culture over the years, and extends as well to our various subconsultants through our oversight and management of their operations. VC&A understands the importance of maintaining continuity and quality throughout the life of a project. As part of our standard operating protocol, VC&A managers meet weekly to discuss all of our contracts and each employee's status, assignments, project schedules, availabilities, vacations, and project staffing needs. We determine which of our staff is soon available for reassignment and which clients will soon require additional support. We then match an individual's skills and experience with our client's needs. Our record in this regard is excellent, which is a major contributor to our renowned success as On -Call experts. Our staff is cross -trained in a variety of construction disciplines, including pump stations, lift station, curb, gutter, sidewalks, pipeline (including NASSCO CIPP certification), structures, road rehabilitation, bridge retrofits and storm water pollution prevention plan monitoring. Additionally, our proposed team members have extensive experience VC&A takes tremendous pride in our ability to meet our clients' needs in a cost-efficient, timely and proactive manner. This is exemplified through our successful delivery of projects, our repeat clients and our ability to respond quickly in emergency situations. Our team understands Caltrans' needs for working at night and weekends. We have the tools and staffing in place to effectively meet the needs of our clients, sometimes with very little notice. VC&A's focus on construction management and on -call contracts has resulted in a management and field team who are flexible and have the ability to respond quickly to any client's needs. As a company, VC&A is not hampered by remote corporate requirements that limit the ability of management to effectively manage clients' contracts. VC&A staff understands the importance of providing timely inspections and accurate and thorough documentation of the work through daily diaries. Our staff has the hands-on experience and training to effectively inspect local agency projects and S6V_-_I i Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES 20 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) are extremely knowledgeable of Greenbook and Caltrans specifications and procedures. Our staff also has the ability to quickly recognize issues and recommend solutions to correct field problems and are quite familiar with the various policies and procedures of local agencies. Capability of Developing Innovative or Advanced Techniques VC&A continuously adopts new technologies into our management approach to benefit our clients and their projects. All of our inspectors are issued lap tops and "aircards" when needed to provide remote communication capabilities. We have also implemented the use of drones to provide aerial image capabilities to enhance the documentation of construction progress. For this contra VC&A will also provide GPS enabled cameras. The project photos taken with the GPS cameras enable the City to download them using software that VC&A also assures our CM staff are up to date on the latest in construction technology such as NASSCO certification for inspection of Cured in Place Pipe (CIPP), the latest revisions to the Greenbook and Caltrans standards or how to effectively implement the latest in construction PRDCORE management software. The skill sets OElectronic tracking of all project documents. V V O 9 Available via any web browser. of our CM staff have grown in parallel with the industry allowing us to offer innovation and solutions to project I10�WI Familiarity with State and Federal Procedures As a "Pure" construction client, O D� contractor, and management ement firm, VC&A has been consultant with realtlmedata. providing similar services on on - Web -Based „ „� call projects in Orange and Los 1�Document Control Angeles Counties for the last 30 automatically populates the location, saving the City time and effort. VC&A's construction management team is well - versed in the Caltrans documentation system and have implemented this system into Procore, a web -based software, which allows us to efficiently and seamlessly share information for construction documentation. years. As such, VC&A understands the requirements of various State and Federal agencies. We have administered projects in the past with various forms of funding, including F H WA. VC&A understands the importance of keeping thorough and accurate records of the project and for that reason we use Procore, a proven Electronic Web -Based Contract Administrative Tracking System that effectively manages projects of all types while conforming to the requirements of virtually every construction standard. This includes meeting N,Vali Cooper & Associates, Inc. 21 CONSTRUCTION MANAGEMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) compliance with the Caltrans Local Assistance Procedures Manual and Construction Manual to fulfill all federal requirements for document control and funding reimbursement. We have found Procore to be a highly valuable tool on various current projects for a number of public work agencies that have Federal and State allocated funds. Safety Approach Regardless of the size of a project, we see our field team members as the day-to-day face of the City of Huntington Beach for each project and work diligently to verify that all construction projects employ strategies that recognize the importance of a safe work environment for the workers and the public at all times. To this end, VC&A approaches safety as the number one priority starting day one of employment. All staff are provided a VC&A Safety Manual, go through a safety orientation, and are required to review and acknowledge the Code of Safe Practices and IIPPs for their specific project(s). VC&A has occupational safety,,,,, physical suppah warnln w�rk �aflp�rce 9eavlronmemjob caution.--e.M.l P SeC 4 dangerheimetw �11iro1'k=safe 'n� y :employment .w, mdustry ,_.... .,.,., ., ... �.;,., safeindustrial°�-tl� WOrI(eP— Safe c011St�'lICT10n"`:"e9"..° mocha Teal work . Y - [t[troteafiveeq'ulRRient flange ,� �. v,l „�,,,,,,...d,,..,accidelrt—,� health ; � owmatimm! regu ounI.S .0 to the contractor in order for the traveling public to get to their destinations safely. on -going safety training through Click Safety, which includes 40-hour OSHA training, Confined Space, and driver safety, to name a few. All personnel are equipped with vehicles, flashing beacons, cell phones, and required Personal Protective Equipment (PPE). Scope of CM Services and Approach to Achieving Client Satisfaction Our typical approach to construction management scope of services is presented below in Table 2, which details the requested tasks, how VC&A will complete those tasks, and the deliverables that will in turn be presented to the City. VC&A has the ability to provide any and all of these tasks to the City, as -needed. Value Engineering/ Review contract documents for biddability and constructability. Biddability/ Provide Value Engineering to reduce costs. Look for problem areas Constructability Review/ that could lead to delays, disputes, and change orders during Analysis and Contract construction. Look for problems that could arise during the bid Review Cost Estimating process. Assist with determining project duration, including start and completion dates. Kick Off Meeting Meeting between City staff and VC&A team to discuss goals and expectations. Discuss granting agency documentation requirements ✓ Biddability/ constructability recommendations ✓ Review report ✓Agenda ✓ Memorandum of Understanding ✓ Review Project Permits S.ValiCooper & Associates, Inc. CONSTRUCTION MRNAbEMENT SERVICES 22 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) OF FUNCTIONFEATURE Stimulate bidder interest, assist with finalizing bid invitation ✓ Bid advertisements Contractor/Supplier Awareness Assistance notice, including dates for advertising and bid opening, place ✓Journal notices notifications in trade publications, coordinate document printing ✓ Plan holders list and distribution, and maintain plan holders list. Assist with RFI and ✓ RFI's and Responses Addendum Support. Pre -Bid Meeting Schedule and administer pre -bid walk with City, prospective bidders, ✓ Agenda and other representatives. Site Review Contract Approvals and Review contracts, prepare staff reports, and recommendations for ✓Staff recommendation Awards Assistance award. report ✓ Notice of Award, as directed Preconstruction Meeting Discuss project specifics and expectations with the contractor, ✓Agenda utilities and other affected stakeholders. Discuss schedule, ✓ Meeting minutes milestones, safety, issues, prevailing wage, coordination, and other relevant items. Discuss project administration procedures. Review/ address any LAPM or FHWA requirements. Existing Condition Obtain preconstruction photographs and video. Confirm existing ✓ Photography and video Survey and Progress conditions. Maintain digital photo/video library of significant ✓ Note any preexisting Visual Documentation construction activities. damages on site CONSTRUCTION PHASE ACTIVITIES LL CONSTRUCTION MANAGEMENT SERVICES Construction Oversee and coordinate all CM services. Lead resolution of day -to- ✓ Written documentation Management day construction issues. Address complaints and resolve problems. ✓ Monthly meetings Administration Prepare and distribute appropriate notices. ✓ Generate and distribute notices Claims Management, Document issues in writing and with photographs. Respond to ✓ Documentation — RFI's, Analysis, and Mitigation RFI's, Correspondence, Notice of Potential Claims. File pertinent CCO's, Daily Reports, and Litigation Support information in separate category. Perform any necessary cost Photos, Q-Sheets, estimates. Initial negotiations as approved by the City. Resolve any Independent Cost remaining claims or disputes, including third party disputes. Provide Estimates support in negotiating claims. Provide litigation support. Be an ✓ Negotiation and litigation expert witness. support ✓ Expert witness Construction Site Observe and monitor all aspects of project including materials ✓ Photography on a weekly Inspection/ Quality testing, documentation, and jobsite safety for compliance with basis Control/Quality contract documents. Notify contractor when work is not in ✓ Project files Assurance compliance. Prepare daily inspection reports. Provide photographic ✓ Daily reports documentation of construction process. Encourage and stress quality in the constructed product. Staff Augmentation Assist City with augmenting staff for Construction Management, ✓ Daily Reports Inspection, Administration, Testing, Surveying, Public Relations, and ✓ Photographs other duties as requested. Supply qualified staff for the task at hand ✓ Quantity Sheets with sometimes little notice for short or long periods of time, based ✓ Reports on the needs of the City. ✓ Notices Surveying Coordinate with Guida Surveying, Inc. for surveying checks. File cut ✓ Requests and cut sheet sheets. Reset Monumentation as necessary. documentation NLVall,Kooper & Associates, Inc. 23 amstmaloN fMea sf$VK@s City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) SCOPETABLE 2. OF FUNCTIONFEATURE Materials Testing Coordinate with Ninyo & Moore for materials testing. File test ✓ Test reports reports. ✓ Recommendations regarding materials out of compliance Program/Project Assist with facilitating a project through design and construction. ✓ Meetings Management Work with utilities, permitting agencies, designers, other City ✓ Reports departments for the development of construction plans. Assist with ✓ Task Orders procuring contractors, and managing the CM team. Project Control Provide controls for assisting with developing schedules and costs ✓ Schedules for ROW, TCE's, utility relocations and other relevant tasks through ✓ Progress Pay Estimates design and construction. ✓ Work Orders Public Relations Communicate with local residents and businesses regarding ✓ Verbal and Written temporary construction impacts, such as closures, traffic changes, Notices Delivered noise, limited access, and construction schedule. VC&A has worked ✓ Attend Community with multiple public relations firms in the past and can provide Meetings additional services to the City as -needed. Various City Coordinate with City Staff and various City Departments for ✓ Record of discussions and Departments supplemental oversight, concurrence with materials and submittals. approvals of submittals Regulatory Agencies Notify and coordinate with regulatory agencies all of their required ✓ Verbal and Written inspections, and obtain acceptance. Notifications ✓ Written Acceptance Meetings Conduct weekly project meetings to discuss schedule, current, and ✓ Agenda past issues. ✓ Meeting minutes ✓ Schedule ✓ Suspense logs Safety Review and monitor contractors' safety program for compliance ✓ Accident reports with Cal/OSHA. Notify contractor if unsafe condition is observed. ✓ Monthly reports Notify the City if the contractor refuses to rectify unsafe condition. ✓ Proper safety training Investigate accidents. Staff to have proper safety training for certifications inspection. Baseline Schedule and Review and approve the Contractor's Baseline CPM Schedule. ✓ Schedule reports Schedule Updates Monitor Contractor's CPM schedule monthly. Notify parties of actual ✓ Recommendations or potential deviation from schedule. Work with project team to ✓ Notifications of schedule correct non-compliance with schedule. status ✓ "As -built" schedule SWPPP Enforce SWPPP plan. Review and enforce requirements stipulated in ✓ Daily inspection reports permits issued by regulatory and environmental agencies. ✓ Correspondence Systems Inspect and coordinate facilities and systems testing programs with ✓Testing Reports appropriate personnel. Obtain Reports, O&M, and warranties. CONSTRUCTION ADMINISTRATION Project Documentation Implement system for organizing, tracking, filing, and managing ✓ Paper files - Correspondence, paper and electronic correspondence, including letters, requests for ✓ Electronic files Reports, and information (RFI), submittals, contracts, reports, progress payments, ✓ Correspondence logs Other Forms of change orders, etc. utilizing our Contract Administration Tracking ✓ Suspense lists Communication System or Procore. Foster improved project team communications ✓ Conversations, meetings, through written, verbal and electronic communication. Keep project correspondence, memos, team well informed. E-mail S6ValliCooper & Associates, Inc. 24 CONSTRUCTION =61RENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) TABLE 2. SCOPE OF SERVICES MATRIX FEATURE FUNCTION DELIVERABLE Coordination Coordinate with City staff, contractor, permitting/regulatory ✓ Letters agencies, subconsultants, other consultants, utilities and other third ✓ Logs parties as necessary to complete the project. ✓Transmittals Shop Drawing and Review each submittal from contractor for conformance to plans ✓ Distribute submittals Submittal Reviews and specs. Coordinate required reviews with City and design ✓ Process Submittals engineer. Identify those that are long lead items of material and ✓ Invoices work with the contractor to get submittals approved and items ordered early on in the project. Plan and Specification Review and respond to contractor RFIs. Review and respond to ✓ Distribute RFI Interpretation and request for design revisions by the contractor. Initiate and review ✓ Provide written Control field orders. Maintain all record drawings and specifications. Discuss recommendations schedule and cost impacts with the City, including those requiring ✓ Follow up with a change City resolution. order (if required) Substitution Requests Review Substitution requests and provide recommendations. ✓ Provide Process requests and return to the contractor. Recommendations ✓ Process Requests Progress Payments Review contractors' payment requests. Verify contractor pay ✓ Progress payment request items. Prepare payment documentation for execution by the City. documents suitable for Prepare quantity calculation sheets for item work based on field execution by the City measurements. ✓ Q Sheets Change Order Review potential change orders for contractual and technical merit. ✓ Independent cost Management Prepare independent cost estimate and schedule analysis of work. estimates Negotiate and prepare change orders for execution by the City. Keep ✓ Change orders ready for the City apprised of the impact of cumulative change orders. execution ✓ Change order summary reports Cost Control/ Project Manage cost between the contractor and the City and VC&A and ✓ Monthly Invoicing and Budget the City. Reporting Labor Compliance/ Review Certified Payroll and compare with Prevailing Wage Rates ✓ Monthly Reports Certified Payroll and Inspector's Daily Reports. Monthly Status Reports Prepare monthly reports highlighting project progress, CCO's, cost ✓ Monthly Report issues, and schedule. Start Up / Assist with the start-up of facilities and move -in activities, ✓ Manuals Commissioning coordinating with the appropriate City staff, contractor, consultants, ✓Test Reports operators, etc. Perform product specification evaluation and general ✓ Evaluation Reports conditions/general requirements review. "As -Built" Drawings Collate, review, and incorporate contractor's data into CM as-builts ✓ Data for record drawings on an ongoing basis though construction. Review final design as - built set for conformance. Punch List Prepare detailed punch lists. Verify that work, testing, cleanup, and ✓ Punch list contractor demobilization are complete. Final Walk -Through Make final inspections with the City and other permitting agencies ✓ Certificates of Compliance and stakeholders. Verify that required certificates of compliance, ✓ Final Inspection Report and as -built drawings have been delivered. Recommended Recommend acceptance of work in writing and assist with ✓ Notice of completion Acceptance generating the Notice of Completion. N6Vali Cooper & Associates, Inc. 25 CONSTRUCTION WL=fi1MW SEMCES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) SCOPETABLE 2. OF SERVICES MATRIX FEATURE FUNCTION DELIVERABLE Close Out Contract Close out construction contract. Assist with evaluation of ✓ Memorandum consultants and contractors ✓ Evaluations Final Project Records Process final progress payment to contractor. File Notice of ✓ Final progress payment Completion. Prepare final report, including final project costs, and ✓ Notice of Completion database for future project reference. Deliver project records to the ✓ Final report City. ✓ Project Database ✓ Complete project records 0&M Deliver manuals and any spare parts and equipment. Confirm ✓ Manuals that all required work, including warranties and guarantees, are ✓ Warranties complete. OTHER Value Engineering Perform a Value Engineering Analysis to identify construction cost ✓ VE Report with Cost/ savings for the project. Perform cost/benefit analysis to provide Benefit Analysis comparison. Report on escalation and current construction trends. Project Review Perform regular reviews of the project and provide ✓ Verbal and Written recommendations to the City for improvements to both cost and Recommendations schedule. Manage appropriate testing agencies and assist with close-out of design and construction contracts. Partnering (Optional) Organize and participate in partnering sessions between the City, ✓ Partnering charter contractor, and VC&A. Public Outreach Provide a public outreach service through our subconsultant, ✓ Public Notifications (Optional) Westbound Communications, on the more visible projects. ✓ Mailers, etc. ✓Groundbreaking/ Ribbon Cutting Ceremonies Financial Responsibility VC&A's backlog averages in excess of two years' work, which exceeds industry standards and is evidence of our financial stability. VC&A promotes the firm's financial health by reinvesting profits back into the company. We have been successful in securing additional contracts that will include opportunities beyond the next two years. VC&A has never declared bankruptcy, has never initiated litigation or has had any pending litigation that would compromise the financial stability of the firm Demonstrated Technical Ability VC&A's demonstrated technical ability is showcased above in our proposal. Our extensive experience on complex construction challenges, while offering solutions, has allowed VC&A to develop a reputation in the Construction Management Industry as trusted advisors to our clients and all project stakeholders. VC&A takes pride in maintaining an exceptionally high level of employee retention. This has allowed our staff to develop a synergistic relationship, performing as one team, seamlessly as a reliable and trusted source of technical experience and resources. N6Vali Cooper & Associates, Inc. CONSTRUCTION EMEM SERVICES 26 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Joe Webber, MBA, CCM, DBIA PROJECT MANAGER QUALIFICATIONS Joe Webber is an industry leader, and a successful project manager valued by his clients as a trusted advisor. Joe has the interpersonal skills, extensive technical knowledge and project experience necessary to identify individual staff talents while aligning them with client needs. Joe offers 25 years of professional experience with 20 years in design and construction management of projects up to $90 million in value, Joe offers a successful history of overseeing multiple On -Call Construction Management contracts and keeping his finger on the pulse of the client's needs by maintaining constant communication and close relationships with client staff. He is known for his real -world knowledge of the Southern California construction environment, unparalleled leadership skills, professionalism, industry relationships, teaming abilities, responsiveness, and ability to resolve problems collaboratively. Joe has a long and successful history of managing manage projects for multiple municipal clients in the Southern California area. SELECTED PROJECT EXPERIENCE On -Call Construction Management Services, City of Huntington Beach Project Manager. Joe served as the main point - of -contact and provided staffing for as -needed construction management, inspection, and contract administration services for the City of Huntington Beach. Projects included the North Bound Beach Blvd improvement project which consisted of modification of the existing 1-405 on ramp, re - striping and coordination with the local Caltrans District, and the Main Promenade Parking Structure. This project required extensive coordination with occupants of nearby merchants and occupants as construction impacted interior traffic flow and the availability of parking. Work also needed to be scheduled and coordinated with major local community events, such as the airshow and surf competitions. Joe also provided oversight of the provision of labor compliance services. City of Long Beach, On -Call Project and Construction Management Services Contract Manager. Developed and maintained relationships with City staff allowing for a clear understanding of the City's present and future project needs. As a result, Joe was able to prepare and provide qualified expert staff to the City as project needs arise. On more than one occasion, City staff submitted requests for project management staff with specialized expertise. Due to Joe's broad range of experience and expertise, he was able to respond to each request with highly qualified staff resulting in project success. City of Laguna Beach, Lifeguard Headquarters Construction Manager. Project and construction management services for the one-story building of approximately 3,000 square feet with a basement of equal size for a total of 6,000 square feet. The project consisted of the demolition of the existing public restroom, the lifeguard headquarters and a soon to be abandoned, concrete sewer lift station that is below the headquarters; the installation of a secant wall shoring system; and the construction of the concrete and masonry building. Joe also reviewed contractor prequalification submission packages. Joe's alternate approach on backfill and compaction expedited the schedule and resulted in considerable savings for the client. He also implemented an effective public outreach plan that included weekly meetings with local businesses and distribution of informational fliers. S.Va li Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES 27 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) City of San Diego, On -Call Construction Management Services Contract Manager. Served as main point -of - contact and provides staffing for as -needed construction management, inspection, and contract administration services for the City Field Division. Successfully completed more than 60 task orders worth $112 million. Task Order scopes varied and include pavement rehabilitation, right of way improvements, parks and water/sewer utilities installation/improvements. County of San Diego, Cedar & Kettner Parking Structure Project Manager. The Cedar & Kettner Parking structure was a design/build project valued at $38M on a contaminated site. Joe was instrumental in developing the design criteria and addressing multiple agency and stakeholder coordination issue Agencies included MTS, SDG&E, Civic SD, Little Italy Association and the County of San Diego Staff. Joe's diligent project management methodology contributed significantly to the projects early, on - budget completion County of San Diego, On -Call Construction Management Services Contract Manager. Served as main point -of -contact and provided staffing for construction management, construction inspection, and contract administration services to the General Services Department on an as -needed basis. Projects included libraries, community centers, life and safety facilities, park and recreational facilities, and general office improvements. Civic San Diego, On -Call Construction Management Services Contract Manager. Served as main point -of -contact and provided staffing for construction management and construction inspection services for public improvement projects. Projects have included street enhancements, parks, and theaters. Los Angeles City College, Central Plant Building and Campus Utility Infrastructure Upgrade Project Manager. This design -build project for the Central Plant Building included upgrades to a 46- acre campus utility infrastructure, site development, landscaping, hazardous material abatement, trenching and installation of underground utilities throughout an active campus. Upgrades also included water, sewer, gas, power, and fiber-optic communication system. Joe's efforts in claims resolution reduced a $5.3 million claim to a $1.6 million settlement by properly and aggressively implementing contract language and the claims resolution process. Joe consistently communicated with campus faculty and staff to inform them of impacts to campus operations. N6vali Cooper & Associates, Inc. 28 CONSTRUCTICNJ =imsm sawiS City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Michael Yepiz ALTERNATE PROJECT MANAGER/ CONSTRUCTION MANAGER QUALIFICATIONS Michael Yepiz has more than 40 years of experience in heavy civil construction which includes project, operations, and general management positions for both public works and private projects throughout California. As a City of Huntington Beach resident, Michael will bring the local perspective of every resident. His well rounded experience managing and overseeing similar CIP projects will be beneficial in his capacity as Alternate Project Manager. He has extensive experience in wet utilities such as water, sewer and storm drain. He is also highly experienced in the area of potable and waste water pumping facilities and wastewater treatment facilities. During his career, he has acquired experience in a variety of trenchless technologies such as fold and form, CIPP, pipe bursting, HDPE slip lining, pipe jacking, top hats, spot repairs and all activities related to those rehabilitation methods. He is also experienced with rehabilitation of large diameter live sewer work utilizing Hobas and other like materials. Additional areas of experience include grading, paving and concrete structures of all sizes. SELECTED PROJECT EXPERIENCE On -Call Construction Management and Inspection Support Services, Moulton Niguel Water District Construction Manager/Inspector. VC&A is providing as -needed staff augmentation, construction management and special inspection of electrical work, startup and commissioning, linings & coatings, structural work, welding, and other general overflow inspections. Michael provided services on the following task orders: ✓ San Juan Creek ETM Pipeline Removal —County encroachment permit compliance, coordinated preconstruction meetings and final inspection/ permit sign off with County. ✓ Paseo de Valencia Lift Station — Monitored dewatering and cleaning of existing wet well. Inspect condition of wet well and lining for potential rehab. Visual inspection, holiday testing and report. ✓ Lower Boundary Oak Lift Station - Onsite inspection of wet well preparation for coating. Inspection of coating application and testing as required. Inland Empire Brine Line Reach V Rehabilitation and Improvement Project — Phase 1, Santa Ana Watershed Project Authority - Corona, California Resident Engineer. The project included inspection of approximately 27,000 linear feet of 24-in PVC pipe with installation of approximately 23,000 linear feet of cured -in -place -pipe (CIPP), construction of nineteen maintenance access structures and replacement of fittings and appurtenances. A temporary bypass pipeline was constructed to divert brineline flow while CIPP rehabilitation activities were completed to allow for the Agency to remain in operation while construction activities were completed. Michael was responsible for documentation, inspection, documenting and reviewing all submittals such as mix design, asphalt concrete, subcontracting requests and completing weekly working day schedules, change order review, submittal review and field engineering. Inland Empire Brine Line Reach V Rehabilitation and Improvement Project — Phase 2, Santa Ana Watershed Project Authority - Corona, California Resident Engineer. The project included construction of approximately 5,100 linear feet of new 32-inch diameter IPS HDPE pipe, construction of four maintenance access structures, and associated fittings and appurtenances. Also included was the abandonment of the existing system. Michael was responsible for documentation, inspection, documenting and reviewing all submittals such as mix design, asphalt concrete, subcontracting requests and completing weekly working day schedules, change order review, submittal review and field engineering. S.Valhi Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES 29 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Nick Pailma, PE, QSD/P CONSTRUCTION MANAGER QUALIFICATIONS Nick Pailma has more than 11 years of experience as a civil and environmental engineer in the water/wastewater engineering field. His experience includes project design, construction management, construction administration, construction inspection, start-up/commissioning services and managing and maintaining web - based document control systems for municipal and industrial water and wastewater treatment projects. Recent construction management experience includes serving as resident engineer/ inspector for the Covina Irrigating Company's Temple Water Treatment Plant UV/Chloramines Project, construction management and startup/ commissioning services for projects at Orange County Sanitation District and construction inspection during expansion work at the Irvine Ranch Water District, Michelson Water Recycling Plant Phase 1. Recent design experience includes several water and wastewater pump stations, chemical systems, refurbishment projects, and cooling water system upgrades. SELECTED PROJECT EXPERIENCE Construction and Project Management Services, California Department of Water Resources Inspector. As part of our On -Call contract with DWR, Nick provided services for the Oroville Spillways Emergency Recovery project. He provided quality control; construction safety oversight; conducting conferences/meetings, receiving, distributing, and managing submittals, dispute avoidance; change orders; progress payments; as -built drawings, contract administration/compliance; preparing monthly reports; contract close-out; resolving claims; and document control. On -Call Construction Management and Inspection Services for Water Distribution, Conveyance, Treatment and Support Facilities, Castaic Lake Water Agency Construction Manager. Currently assisting Castaic Lake Water Agency with their significant backlog of water infrastructure projects in need of repair and replacement. CLWA has approved a 10-year Capital Improvement Program (CIP) that represents approximately $150 million in projects. This CIP includes a variety of water pipeline conveyance, treatment, storage and support facilities including pump stations. Nick is providing support in implementing the CIP that encompasses projects within its 195 square mile service area throughout Los Angeles and Ventura Counties. The program also includes a variety of water services ranging from planning through design to construction and startup. Nick has provided services for the following projects: ✓ Newhall Lateral Reach 26 Facility ✓ Foothill Feeder Turnout ✓ RVWTP Ozone Collection System Modifications Inland Empire Brine Line Reach V Rehabilitation and Improvement - Phase 1, Santa Ana Watershed Project Authority Construction Manager. Nick was responsible for inspection, completing daily inspection reports, quality controls and photographs. The project included construction of approximately 5,100-if of new 18-inch diameter IPS HDPE pipe, construction of four maintenance access structures, and associated fittings and appurtenances. Also included was the abandonment of the existing system. N.Va_[i Cooper & Associates, Inc. CONSTRUCTION MANAMMENT SERVICES 30 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Michelle Leonard, PE, QSP CONSTRUCTION MANAGER QUALIFICATIONS Michelle Leonard has 23 years of construction management experience in the water/ wastewater, pipeline, and treatment plant industry. Her expertise is concentrated in the retrofit of water and wastewater treatment plants with construction costs ranging from $2 to $56 million dollars. She has effectively managed construction management team project meetings, staff, and budgets; performed public relations through project presentations to city councils and agencies; maintained CPM schedules and negotiated change orders with contractors; implemented project administrative controls; and monitored inspections, concrete sampling and testing. Michelle is proficient with Primavera Contract Manager, Expedition, Suretrack, and P3 Microsoft Office Suite. SELECTED PROJECT EXPERIENCE On -Call Construction Management and Inspection Services for Water Distribution Conveyance, Treatment and Support Facilities, Castaic Lake Water Agency Biddability/Constructability Reviewer. CLWA has approved a 10-year Capital Improvement Program (CIP) that represents approximately $150 million in projects. This CIP includes a variety of water pipeline conveyance, treatment, storage and support facilities including pump stations. As part of VC&A's On -Call, provided a B/C review for the Rio Vista Valve Vault #2 project. Influent Pump Station, South County Regional Wastewater Authority Project Manager. Provided project management on the construction of this new Influent Pump Station adjacent to the existing, in-service ponds. Construction took place in an existing effluent pond, with high groundwater and frequent rainstorms. Responsibilities included facilitating construction progress meetings, preparing and making recommendation of monthly progress payments, reviewing and negotiating change orders, reviewing baseline schedule and monthly schedule updates, precursory review of submittals and RFIs. Sewer Improvements, City of Rancho Palos Verdes Redevelopment Agency Construction Manager. Provided construction management on new sewer laterals for residents on septic tanks connected to new pump stations. The project is located on an active landslide requiring a significant number of above -grade laterals. Responsibilities included precursory reviews of shop drawing submittals, RFIs, progress payments, and change orders. Michelle was responsible for community relations, including updating the "hotline" and website as well as responding to the residents' inquiries regarding the project. Chemical Storage Building, City of San Buenaventura Construction Manager. Provided construction management on a new masonry building housing chlorination and de -chlorination equipment. Responsibilities included oversight and coordination of all the construction work for the slopes that bordered the bicycle path, including protective measures, installation of barricades, bridge, road, slope and roof repairs due to landslides, mud slides, flooding, erosion, and other storm related causes. Assisted with damage assessment and determinations of repair work needed, along with preparation of cost estimates for each type of repair per location. Provided document management for the 18 different repair sites and assisted the city in submitting requests for financial assistance, filling out all necessary FEMA forms for the City. 16Vali Cooper & Associates, Inc. CONSTRUCTION =rIMEW SERVICES 31 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Don Isom, QSP CONSTRUCTION INSPECTOR QUALIFICATIONS Don Isom is an accomplished inspector with 25 years of diversified experience in many phases of commercial and residential construction projects valued in the millions. His trade proficiencies include mechanical, plumbing, storm drain and sewer, with skills including installation of underground utilities and appurtenances; concrete structures; asphalt roadways; sidewalks; curb and gutters; and wheel chair ramps. He possesses outstanding communication skills with capacity to network closely with project managers, engineers, architects, city officials and other members of the project team which include: plan and specification reading; city relations and customer service; project planning and scheduling; problem -solving and crisis management; and building and site requirements. SELECTED PROJECT EXPERIENCE On -Call Inspection Services, Elsinore Valley Municipal Water District Construction Inspector. VC&A is currently providing inspection services for various development infrastructure installation projects throughout Lake Elsinore, Wildomar and Murrieta. Each project is inspected at various stages of construction to ensure that the work is completed in compliance with the contract documents. These documents include the development contract drawings and specifications, special provisions, local jurisdiction requirements and EVMWD standards drawings. On -Call Construction Management and Inspection Support Services, Moulton Niguel Water District Inspector. As part of this on -call to provide construction management and inspection services, Don is providing as -needed special inspection support services for various projects. Dalton Well Equipping Phase, Golden State Water Company Construction Inspector. Don is currently providing inspection services for the civil, structural, mechanical, and instrumentation elements of this well equipping project. This project includes grading and paving; the installation of discharge and mechanical piping; chemical building and pump house; and SCADA and instrumentation. Inland Empire Brine Line Reach V Rehabilitation and Improvement - Phase 1, Santa Ana Watershed Project Authority Construction Inspector. The project included inspection of approximately 27,000-If of 24- inch PVC pipe with installation of approximately 23,000-If of CIPP, construction of 19 maintenance access structures and replacement of fittings and appurtenances. A temporary bypass pipeline was constructed to divert brineline flow while CIPP rehabilitation activities were completed to allow for the Agency to remain in operation while construction activities were completed. Don was responsible for inspection, completing daily inspection reports, quality controls and daily reporting and photographic documentation. Inland Empire Brine Line Reach V Rehabilitation and Improvement - Phase 2, Santa Ana Watershed Project Authority Construction Inspector. The project included construction of approximately 5,100-If of new 18- inch diameter IPS HDPE pipe, construction of four maintenance access structures, and associated fittings and appurtenances. Also included was the abandonment of the existing system. Don was responsible for inspection, completing daily inspection reports, quality controls and photographs. N6Vali Cooper & Associates, Inc. CONSTRUCTION =rwsw SUMC[S 32 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Remi Nunez CONSTRUCTION INSPECTOR QUALIFICATIONS Remi Nunez has over 29 years of experience in the public works industry, including providing services for the City of Corona Public Works Department as Senior Public Works Inspector overseeing pavement rehabilitation, traffic management system installation, and a sewer main installation. Remi has also performed inspection on other major engineering projects for the City of Corona. He provided inspection services on fiber-optic installation of high -density polyethylene (HDPE) conduit and fiber optic cables; pavement rehabilitation which included cold -in -place recycling of asphalt concrete on major projects; sidewalks, concrete structures, driveways, water main and service installations; sewer main and lateral installations, lift stations, pump stations; curbs and gutters, retaining walls, earthwork, street excavation and patchwork; drainage facilities, storm drains, landscape irrigation, traffic signal installations, street lighting systems; and underground conduit installations, street painting, and street and traffic sign installations. He provided services that included scheduling, estimating, contract change order management, contractor payment approval, records maintenance, budget management, public relations, permitting, and construction safety. He performed quality control/assurance inspection services in conformance to Uniform Building Codes, Caltrans, and Greenbook standard specifications. SELECTED PROJECT EXPERIENCE On Call Inspection Services, Elsinore Valley Municipal Water District Construction Inspector. VC&A is currently providing inspection services for various development infrastructure installation projects throughout Lake Elsinore, Wildomar and Murrieta. Each project is inspected at various stages of construction to ensure that the work is completed in compliance with the contract documents. These documents include the development contract drawings and specifications, special provisions, local jurisdiction requirements and EVMWD standards drawings. On -Call Inspection Services, Orange County Public Works Department Remi provided inspection on several projects: ✓ San Diego Creek Sand Project which was removal of 6,000 cubic yards of sand from creek. ✓ Crawford Storm Drain Installation Project which consisted of installation of reinforced 36" concrete pipeline, catch basins, manholes, and concrete structures. ✓ Newport Avenue Traffic Signal Rehabilitation Project which he removed 165 LF of existing curb and gutter at handicap ramp locations. He removed existing asphalt pavement, installed handicap ramps, removed and salvaged existing traffic signal equipment. ✓ Carbon Creek Channel -Storm Drain Repair he installed 18" RCP with collars, demo existing CMP and headwall, CAB backfill with compaction, Installed and maintained BMP, and removed asbestos pipe/material. Pavement Rehabilitation, City of Rancho Palos Verdes Construction Inspector. Remi provided inspection for slurry sealing of pavement, traffic control, asphalt concrete pavement, sidewalk reconstruction, signing and striping of pavement, traffic loop installation, adjusting of utilities manholes and water valves, and ADA ramps. J.Va'[iCoo"r & Associates, Inc. CONSTRUCTION =EMtM SERVICES 33 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Rosario Ruvalcaba CONSTRUCTION INSPECTOR QUALIFICATIONS Rosario Ruvalcaba brings more than 18 years of experience in the inspection of public works, public utilities construction and maintenance projects. His project experience includes water lines, water mains, recycled water line, sewer main and lateral installations, storm drains, drainage facilities, pump stations, force mains, lift stations, water treatment plant, and service installations. Rosario has also provided inspection of roadway construction, pavement rehabilitation, traffic signal installations, signing and striping, street excavation and patchwork, earthwork, sidewalks, curb and gutters, concrete structures, retaining walls, underground conduit installations, and landscape irrigation. Rosario is experienced working with multiple stakeholders, verifying compliance with contract standards and specifications, state laws, local ordinances, and Best Management Practices (BMP). He is also experienced recommending pay estimates, documenting BMP's and storm water permitting compliance (SWPPP), and managing all project billing. SELECTED PROJECT EXPERIENCE On -Call Inspection Services, Elsinore Valley Municipal Water District work. Also, maintained traffic control work in the public right of way. Public Works Inspector, City of Corona Rosario inspected various CIP public works and public utilities construction and maintenance projects. All work was performed in the public right of way. He verified compliance with contract standards and specifications, state laws, local ordinances, safety regulations and construction codes. Rosario provided inspection for: ✓ Extensive pipeline installation across the City of Corona to include potable and non -potable water systems, water mainline, sanitary sewer systems, and water bypasses, including installation, testing, maintenance and repair. Pipeline diameter ranged from 12" to 30" and included clay, C900, ductile iron, and CMLC pipe. ✓ Storm water drainage systems and year-round protections, including compliance with NPDES standards. Documented all BMPs, and submitted state documentation. Checked SWPPP before, during, and after rain storms. Pipeline diameter ranged from 12" to 60". ✓ Concrete street improvements, including sidewalks, retaining walls, drive approaches, ADA ramps, block walls, and other elements; asphalt concrete street paving and slurry seal coating; verifying correct street sections by checking grades and elevations. Construction Inspector. Rosario's duties were to ✓ All aspects of traffic light installation, inspect potable and non -potable water systems, traffic control set-ups and maintenance for and sanitary sewer systems, including installation, conformance with codes, specifications and testing, maintenance and repair for EVMWD. safety practices. Department of Water Resources, Statewide, California Construction Inspector. Rosario inspected work on Spillway repairs for Antelope Dam, Frenchman Dam and Grizzly Valley Dam. He removed and replaced concrete, rebar. Worked on spall repairs at the spillways. He tracked time and material for extra ✓ Underground dry utility systems. ✓ Performed final inspection of construction projects for final acceptance, which included preparing a list of required corrections prior to final acceptance or final bond exoneration; and issuance of certificates of occupancy. N6Va_li Cooper& Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES 34 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Marc Laroche CONSTRUCTION INSPECTOR QUALIFICATIONS Marc Laroche has more than 26 years of experience in the construction field. He has worked on numerous projects as construction inspector ranging from highways, streets, parking lots, skate parks, garages, libraries, hospitals and various water pipeline projects. He has worked on various agency projects throughout California and is therefore familiar with the standards, specifications and field administrative procedures of Caltrans, the California Department of Water Resources (DWR), and the US Army Corps of Engineers. Marc is a highly sought after inspector possessing both the technical qualities and personable attributes necessary to be highly successful in the people - oriented field of construction management. SELECTED PROJECT EXPERIENCE On -Call Construction Management Services, City of Rancho Palos Verdes Construction Inspector. Provided permit inspections including but not limited to: roadway rehabilitation; RCP placement, storm drain structures and manholes; sewer main, laterals, manholes and pressure testing; SWPPP compliance; traffic control monitoring; concrete placement for curb and gutter and sidewalk; asphalt paving both ARHM and conventional; dry and wet utilities, trenching and repair; traffic loop installation; striping both thermal and paint, RPM installation, traffic sign installation; measuring and calculation of quantities. Also provided extensive public relations services. On Call Inspection Services, Elsinore Valley Municipal Water District Construction Inspector. VC&A is currently providing inspection services for various development infrastructure installation projects throughout Lake Elsinore, Wildomar and Murrieta. Each project is inspected at various stages of construction to ensure that the work is completed in compliance with the contract documents. These documents include the development contract drawings and specifications, special provisions, local jurisdiction requirements and EVMWD standards drawings. On Call Professional Construction Project Management Services, California Department of Water Resources Construction Inspector. Marc is currently providing encroachment permit inspection services to projects pertaining to construction work in various locations throughout California within the Department of Water Resources (DWR) Right -of -Way, inspections on Agreement Construction Projects currently with the Los Angeles Department of Water and Power. His duties include verifying that all construction methods and results are in compliance with the approved permits filed with DWR's main office in Sacramento, California. He verifies that the DWR Right -of -Way is protected at all times during construction and that areas affected are returned to their original condition. Responsibilities include preparation of daily inspection reports including photographs on each encroachment permit project and agreement project he inspects within the DWR Right -of -Way. Public Works Inspector, City of Ontario Public Works Inspector. As the Public Works Inspector for the City of Ontario, Marc provided inspection for 90" and 96" RCP; water main and services; sewer main and laterals; utility crossings; concrete sidewalks; curb and gutter; concrete driveways; traffic striping and pavement markings; replacing and installing traffic loop detectors; asphalt paving and NPDES and SWPPP compliance at various locations throughout the city. N6Va li Cooper & Associates, Inc. 35 COMSTRUCTICM =1EMEW SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Tom Galvan CONSTRUCTION INSPECTOR QUALIFICATIONS Tom Galvan has over 32 years of experience in the construction industry as an assistant resident engineer, assistant structure representative, construction inspector, structure inspector, supervisor, superintendent and foreman. His experience includes the construction of drainage facilities, underground utilities, bridge and other concrete structures, roadway, and other transportation infrastructure. Tom has supervised crews of up to twenty (20) workers, keeping accurate daily records and reports, developing and implementing quality control procedures, scheduling materials, equipment and personnel, and implementing and maintaining safety procedures and records. He is also certified in structural concrete by the American Concrete Institute (ACI). Tom is well versed in Caltrans bridge construction, including thorough knowledge of the Bridge Construction Records and Procedures Manuals, Caltrans standard specifications and public works construction specifications (Greenbook). His practical experience, supervisory skills, professional demeanor and enthusiastic attitude make him an extremely qualified manager and inspector. SELECTED PROJECT EXPERIENCE As- Needed Construction Management Services, County of San Diego. Construction Manager/RE/Inspector. The first project was the Guardrail Maintenance FY 2014-2015 project, consisting of removal and replacement of metal beam guard railing system. The project also included water pollution prevention program, construction site management, clearing and grubbing, traffic control, asphalt concrete dikes and minor asphalt concrete paving. Duties included inspection, managing project documentation, and monitoring and coordinating project closeout. The second project was the Countywide Asphalt Concrete Overlay FY 2014-2015, consisting of asphalt concrete overlays countywide, water pollution control program, construction site management, cold in place recycling, digouts, fire rubber modified asphalt concrete, asphaltic emulsion fog sealing, adjust manhole and survey monument covers, rumble strip, paint traffic striping, thermoplastic pavement markings and curb ramps. Additional duties included all RE tasks, overseeing a field inspector, and field inspection as needed. 1-10 and Pepper Avenue Interchange, SBCTA Structures Inspector. Tom provided bridge and roadway inspection services for this much needed traffic improvement project to increase the traveling public's access to Interstate 10. An additional lane was added in both directions on Pepper Avenue with additional vehicle storage for the southbound left turn lanes onto eastbound Interstate 10. A pedestrian sidewalk was added on the west side of the bridge with bike lanes included in both directions. 1-215 Realignment — Segments 1 & 2, SBCTA Assistant RE/Assistant Structures Representative. Project consisting of highway and bridge construction on Interstate 215 (1-215) between south of Rialto Avenue and north of SR 259 in the City of San Bernardino. Duties included structures inspection, coordinating inspection/materials testing, managing project documentation, and monitoring and coordinating project closeout activities; oversaw inspection of streets and intersection work and various aspects of the highway and roadway construction, including earthwork, PCC paving, 18 conventional box girder bridges, bridge demolition, soundwalls, retaining walls, minor structures and drainage, electrical work, overhead and bridge mounted sign structures, and erosion control. N6Vali Cooper & Associates, Inc. CONSTRUCTION EMEW SERVICES 36 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Warren Williams CONSTRUCTION INSPECTOR QUALIFICATIONS Warren Williams has over 33 years of experience in public works construction that includes serving in management roles with several cities, functioning as a consultant inspector and working as a contractor. He has provided services that include construction inspection, inspection supervision, scheduling, estimating, contract change order management, contractor payment approval, records maintenance, budget management, public relations, and permitting. Warren has provided training for city and consultant inspectors on city standards and specifications, the APWA Greenbook, and American Water Works Association (AWWA) requirements. After completion of training he would monitor and supervise the inspectors for quality control and quality assurance of their work. He is experienced with street construction/ improvements, traffic signals, storm drain systems, sewer systems, domestic/reclaimed water systems, joint utility trench, street lighting systems, and landscaping, soundwalls and similar public works construction. He is well versed in grading operations, roadway structural sections, asphalt and concrete placement, environmental compliance, traffic control implementation, maintenance work, Greenbook and local agency requirements, Caltrans specifications, NPDES storm water requirements, and safety regulations as they relate to construction. Warren has excellent communication and organizational skills and is an excellent trouble- shooter for field problems. SELECTED PROJECT EXPERIENCE On -Call Construction Management/Engineering Support/ Testing and Inspection, City of Cypress Lead Inspector. VC&A is currently providing construction management, engineering support, materials testing and construction inspection services on an "as -needed" basis. Since May of 2012, VC&A has provided services on over eighty (80) separate task orders encompassing Capital Improvement Program (CIP) as well as several permits or Non-CIP projects. Starting in 2012 and continuing today, Warren serves as the lead inspector on this contract, providing coordination, public outreach, and inspection for various encroachment permit projects that include new development, utilities, and SWPPP. He is also inspecting various CIP projects for the City which include sidewalks, curb & gutter, driveway and handicap ramp replacements, tree removal and replacement, slurry seal type 1 & 2, sewer replacement and lining, street widening, relocations of utilities, asphalt grind and overlay, storm drains, new median construction and traffic signals replacement. On -Call Construction Management and Inspection Services,Golden State Water Company Construction Inspector. Warren was an inspector for this public utility company that purchases, produces, distributes, and sells water to nearly a quarter -million customers in California. He was responsible for capital and new business projects, which included water main system upgrades, construction of new reservoirs, seismically retrofitting and waterproofing existing reservoirs, chlorination facilities, new meters, new and relocated fire hydrants, fire service/sprinkler system lines, irrigation systems and connections to private residences. Warren maintained as -built plans, daily and weekly reports, safety reports, and change order documentation; obtained permits from various cities and regulatory agencies; monitored traffic control; and maintained good public relations for the company. Further responsibilities included loading and hydrostatic pressure testing the system, performing bacteria testing, verified NPDES requirements and monitored final tie-in connections. N6Valri Cooper & Associates, Inc. CONSTRUCTION ==MENT SGIMUS' 37 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Matt Tsugawa, RLA, QSD/P SPECIALTY/SWPPP INSPECTOR QUALIFICATIONS Matthew Tsugawa has 30 years j of experience in landscape architecture and construction inspection for a broad range of capital improvement projects, including highway and roadways constructed to Caltrans standards. He has provided on -site construction inspection and monitored the means and methods of installation, materials, and quality of workmanship for compliance with project plans and specifications. Since 1997, he has worked on Caltrans District 8 projects as a consultant to the District 8 Landscape Construction Unit. He is knowledgeable of the Caltrans Construction Manual, Standard Specifications, Standard Plans, Safety Manual, and Stormwater Manual. Matt is experienced in all aspects of field and office construction engineering work, including inspection of non-structural construction operations, traffic control system compliance, contract change order preparation, and SWPPP compliance monitoring and enforcement. He is knowledgeable and experienced in equipment used in construction inspection, surveying, field testing of construction materials, and construction office engineering. He has a good working knowledge of computer software programs (Word, Excel, PowerPoint, and others); critical path method (CPM) software; and the Storm Water Pollution Prevention Program and the Construction General Permit. SELECTED PROJECT EXPERIENCE On -Call Professional & Technical Stormwater Quality Assurance Services (43A0321), Caltrans District 43 Field Compliance Monitor. Responsible for providing Independent Quality Assurance reviews of Caltrans construction projects, maintenance facilities, and maintenance activities for stormwater compliance. He schedules project reviews, meets with Caltrans district and headquarters staff, provides written and photographic documentation of site visits, and attends team meetings to discuss stormwater trends. 1-215 Realignment, Segments 1 & 2, SBCTA Landscape/SWPPP Inspector. Responsible for supervising the installation of rock blanket hardscape; installation of water meters, water lines, backflow preventers, and backflow preventer enclosures; weekly inspections of the contractor's SWPPP; generating weekly inspection reports, reviewing the contractor's weekly inspection reports, reviewing the REAP, quarterly, and annual reports, coordinating with the contractor for BM corrective actions, sampling and analysis, and discharge reports. State Route 210, Segments 8 through 10 Landscape Construction, SBCTA Landscape Inspector. Responsible for management of project files; reviewing and approving material and project document submittals; preparing and issuing contract change orders; preparing and issuing Weekly Statements of Working Days; preparing and issuing all project correspondence; coordinating with the Caltrans Oversight Engineer and the Construction NPDES Unit; coordinating with SBCTA's project manager, local agency project engineers, and landscape contractor; coordinating/ directing preparation of daily inspections; overseeing and reviewing certified payrolls for labor compliance; coordinating traffic control and closure operations; implementing the project safety plan; and coordinating and overseeing the implementation and enforcement of the SWPPP for compliance with Construction General Permit requirements. S6v_-_I i Cooper & Associates, Inc. CONSTRUCTION MANAGEMENT SERVICES 38 City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Appendix - Forms Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Huntington Beach 2. Contract DBE Goal: TBD 3. Project Description: On -Call Construction Management Services - Federal (2017-1128C) 4. Project Location: Huntington Beach, California 5. Consultant's Name: Vali Cooper & Associates, Inc. 6. Prime Certified DBE: ❑ 7. Description of Work, Service, or Materials Supplied 8. DBE Certification Number 9. DBE Contact Information ° 10, DBE /o APSI Construction Management - 40020 Jay Losak, PE, 8885 Research Drive, TBD Scheduling/Estimating & Inspection Irvine, CA 92618, (949) 679-0202 Dynamic Engineering Services, Inc. - 39638 Chia -Chi Wang, PE, 27395 Echo Canyon TBD Labor Compliance Ct, Corona, CA 92883, (951) 471-8890 La Salle Solutions, LLC - Construction 38771 Dennis La Salle, 900 F. Street, Ste 128, TBD Inspection San Diego, CA 92101, (619) 501-2645 Local Agency to Complete this Section 11. TOTAL CLAIMED DBE PARTICIPATION TBD 17. Local Agency Contract Number: 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: (NAME) IMPORTANT: Identify 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. Written confirmation of each listed DBE is required. /I �fLDbcc January 11, 2018 20. Local Agency Representative's Signature 21. Date 12. Preparer's Signature 13. Date Hank Doll, PE (510) 446-8301 22. Local Agency Representative's Name 23. Phone 14. Preparers 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 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 Vali Cooper & Associates, Inc. July 23, 2015 39 CONSTRUCTION CEMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Huntington Beach 2. Contract DBE Goal: _ 3. Project Description: On -Call Construction Management Services - Federal (2017-1128C) 4. Project Location: Huntington Beach, California TBD 5. Consultant's Name: Vali Cooper & Associates, Inc. 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: TBD B. Total Dollar Amount for ALL Subconsultants: TBD 9. Total Number of ALL Subconsultants: 5 (NAME) 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount APSI Construction Management - 40020 Jay Losak, PE, 8885 Research Drive, TBD Scheduling/Estimating & Inspection Irvine, CA 92618, (949) 679-0202 Dynamic Engineering Services, Inc. - 39638 Chia -Chi Wang, PE, 27395 Echo Canyon TBD Labor Compliance Ct, Corona, CA 92883, (951) 471-8890 La Salle Solutions, LLC - Construction 38771 Dennis LaSalle, 900 F. Street, Ste 128, TBD Inspection San Diego, CA 92101, (619) 501-2645 Local Agency to Complete this Section 14. TOTAL CLAIMED DBE PARTICIPATION $ TBD 20. Local Agency Contract KI, ml, . (NAME) 21. Federal -Aid Project Number: 22. Contract Execution TBD nnta, IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on this forth is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. +Jb� January 11, 2018 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Hank Doll, PE (510) 446-8301 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. Page 1 of 2 July 23, 2015 Vali Cooper & Associates, Inc. 40 CONSTRUCTION EMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Not Applicable Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 1O-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year_ quarter_ f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime 7Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, ifknown: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: 10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 12. Amount of Pa}'ment (check all that apply) 14. Type of Payment (check all that apply) S (CONSULTAI\ ❑ actual planned a. retainer b. one-time fee 13. Form of Payment (check all that apply): a commission cash d. contingent fee Ba. b. in -kind; specify: nature a deferred Value f. other, specify 15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes ❑ No ❑ 17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: /Z 11� 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: Marian floss 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: Chief Financial Officer person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: (510) 446-8301 Dam. l/i l/18 Federal Use Only: Standard Form LLL Rev. 04-28-06 Distribution: Orig- Local Agency Project Files LPP 13-01 Authorized for Local Reproduction Standard Form - LLL Page 1 May 8. 2013 S6Va.li Cooper & Associates, Inc. 41 CONSTRUCTION MAMA EMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑✓ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee NOT APPLICABLE yeaquarter_ f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime E]Subawardee Tier if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. Name and Address of Lobby Entity (If individual, last name, first name, MI) 12. 13. 15. Congressional District, ifknown 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: 11. Individuals Performing Services (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) g (CONSULTAK ❑ actual planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission Ba. cash d. contingent fee b. in -kind; specify: nature a deferred Value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes ❑ NoEl ^ 17. Information requested through this form is authorized by Title A �/ 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: (�(•9/1" — was placed by the tier above when his transaction was made or r V entered into. This disclosure is required pursuant to 31 U.S.C. print Name: Jay Losak, PE, CCM 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: president person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: (949) 679-0202 Date: 12/22/17 Federal Use Only: Distribution: Orig- Local Agency Project Files Authorized for Local Reproduction Standard Form - LLL Page 1 LPP 13-01 Mav 8, 2013 'NI'Vali Cooper & Associates, Inc. 42 CONSTRUCTION MANAGEMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE TDIIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: El a. contract ❑ a bid/offer/application ❑ a. initial b. grant b. initial award b. material change C. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year_ quarter_ f. loan insurance date of last report - 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardec, Enter Name and Address of Prime: Prime �Subawazdee Tier , if known Congressional District, if known 6. Federal Department/Agency: S. Federal Action Number, if known: 10. Name and Address of Lobby Entity (Ifindividual, last name, first name. MI) Congressional District if known 7. Federal Progra , Na nr'jt eription: CFDA Nrmb• . "I4. livable 9. Award Amt, at, it mown: It. Ind'^•iuu Is f erforming Services C icludi�f,-jdress if different from No. 10) (1. -t nar e, first name, MI) (attach Continuation °`ett. ? it ,necessary) 12. Amount of Payment (check all that apply) II. Type of Payment (check all that apply) S actual ❑ plan, i a retainer b. one-time fee 13. Form of Payment (check all that api'y): c. commission 8 a cash d. contingent fee b. in -kind, specify: n& a deferred f other, specify 15. Brief Description c' Ser ices t rformed or to be performed and Date(s) of Service, including officer(s), employee( or contacted, for Payment Indicated in Item 12: (attach Continuation Shect(s) if necessary) 16. Continuation Sheett.) attached: Yes No 17. Information requested through this form is authorized by'fitle 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: Chia -Chi Wang 1352, This information will be reported to Congress semiannually and will be available for public inspection Any Title: Principal person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: 951-471-8890 Date: 12/22/2017 Federal Use Only: Distribution: Ong- local Agency Project Files LPP 13-01 Authorized for Loral Reproduction Standard Form - LLD. Page I May 8, 2013 Yali Cooper & Associates, Inc. 43 COMsraucTroN ==mwT sfracss City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities Not applicable to EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES Guida Surveying, Inc. COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year _ quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime E]Subawardee Tier , if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: 10. Name and Address of Lobby Entity (If individual, last name, first name, MI) 12. 13. 15. 11. Individuals Performing Services (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Pa} ment (check all that apply) 14. Type of Payment (check all that apply) S (CONSULTAt\ ❑ actual planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission Ba. cash d. contingent fee b. in -kind; specify: nature a deferred Value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) ifnecessary) 16. Continuation Sheet(s) attached: Yes ❑ No �✓ 17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: Berme MClnally, PLS 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: Executive Vice President person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: 949.777.2000 Date: 12.19.17 Federal Use Only: Ct-1-i I - Distribution: Orig- Local Agency Project Files LPP 13-01 Authorized for Local Reproduction Standard Form - LLL Page 1 May 8, 2013 N'Valii Cooper & Associates, Inc. 44 CONSTRUCTION MANAGEMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) Local assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT IO-Q DiSCLOSURE OF LOBBY'iXG ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action ® a. contract b. grant e. cooperative agreement d. loan e. loan guarantee f loan insurance 2. Status of Federal Action; Ea. bid offer application h. initial award c. post -award a. Name and address of Reporting Entity Prime 7Subawardee Tit;r / , if know(( L Ql� 5W..xI, j a-r- Congressional District, if known 6. Federal Department/Agency: 8. Federal .Action Number, ifknown: 10. lame and Address of Lobby Entity (If individual, last name, first name. MI) 3. Report Type: 0 a. initial b. material change For Material Change Only: year _ quarter _ date of last report 5. I f Reporting Entity in No. 4 is Subawardee, Enter lame and Address of Prime: Congressional District, if known 7. Federal Program Name!Description: CFDA Number. ifapplicablc 9. Award Amount. if known: 11. Individuals Performing Services (including address ifdifferent from No. 10) (last name, first name. Mi) (attach Continuation Shect(s) if necessary) 12. Amount of Payment (check all that apply) 14. Type of Payment (check al that apply) S (CONSULTAN actual planned a. retainer b. one-time fee 13. Form of Payment (check all that apply): c commission 8 a. cash d. contingent fee h. in -kind; specify: nature a deferred Value f other, specify 15. Brief Description of Services Performed or to be performed and Dates) of Ser iee, including ofticer(s), employee(s), or members), contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(sl ifnecessarv) 16. Continuation Sheets) attached: Yes No r IT 17. Information requested through this form is authorized by Title 31 L.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 he reported to Congress %cmiannually and will be available for public inspection. Any Title: /7p /I !( person who fails to file the required disclosure shall be subject to a civil penalp of tim less than S1 OSM and not more than J� 5 L, , 2d - �yrJt t S1ot1,000 for each such failure. Telephone No.: t� Date: t �/�/b L�6,% IN 6 e r/ J//n ' Authorized for Local Reproduction Federal Use Only: ` % Q/S C CD S E Standard Form- LLL Sundard Form LLL Rer 64-214-06 Distribution: Ong- Local Agency Project Files LPP 13-01 Page I Nf lay 8, 2013 SL.Vahi Cooper & Associates, Inc. 45 CONSTRUCTION MlWAGEMENT SERVICES City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) "NOT APPLICABLE" Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report TNpe: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year_ quarter_ f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime F-Tubawardee Tier if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ifapplicable _ 8. Federal Action Number, if known: 9. Award Amount, if known: 10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) s (CONSULTAN ❑ actual planned a. retainer b. one-time fee 13. Form of Payment (check all that apph ): c. commission cash d. contingent fee ea. b. in -kind; specify: nature a deferred Value f. other, specify 15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes ❑ No ❑ 17. Information requested through this form is authorized by Title f/� 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: Garreth M. Saiki 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: principal Engineer person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 949/753-7070 12/22/ 17 Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form - LLL Standard Fonn LLL Rev. 04-2"6 Distribution: Orig- Local Agency Project Files LPP 13-01 Page 1 May 8, 2013 Vali Cooper & Associates, Inc. 46 CONSTRUCTION MANAGEMENT S£RWtIS City of Huntington Beach I On -Call Construction Management Services - Federal (2017-1128C) 4. I: m N 0 CU O 0 i N T =O ❑ LE ❑ ❑ ❑ ❑ ❑ '� O v a CO F CG ►- m F- m F- m H E 17 co o U ~ �J N N 0 O o a U M ❑ ❑ O ❑ ❑ Q F F H H F � U W 0 ❑ O 00 U w u c E T W CO ❑ X X X U l0 C ll.l U ❑ 00 N 0 X X 00 N a U = LU Co O] m a ❑ w E� m n C O 00 C 7 CZ O �O n OO - U V 0) 00C O 7 �I rn 2 w 0 +' 7 Cn ry N % o (V +T' V1 00 C'i U i +' N ' U m W d d a+ V) m of C > +a)-' N O N N E N U V1 Cn " Q L -6 Z Q v 00 i U v 00 N -O rn C to (U ro O Ol N O N C N N 10 O_ a)` M— N Of U N ' Ol 3 O N L° J Q c U M m� Um O❑ �; cv ODoI O m C o -P L C U O O - c_ c �' �00 LD O i Oo C N ` N C 7 a)m .o N ^ c U K U U N T N 0 N O Q O� U f0 CU C U Qm VI 00 CL C L �w V1 00 +' C Qo00o J.N1 C7V') Z N � a L C ° O U N N O N Cl C m U) W C C Y on- 0o O _c �U) v Vi N `o m f0 E U C- m NM C •T.+ 7 UO .a \ a 0 O1 Z In � m � C E U Oo N = O M U 3 CO m N of (UO -C -0U C O i N M m c~ o U Q. 0 M U O N OO Q vU m• 5 E 0 =O 0 N E U U6 U-2 .b c0 F ❑ m F- Q H O r u Vn 'di N N Vali Cooper & Associates, Inc. 47 CONSTRUCTION Z=OEMENT SERVICES Vali Cooper & Associates, Inc. soaring since 1987 Proposal Contact Information: Joe Webber, MBA, CCM, DBIA Vali Cooper & Associates, Inc. 725 W. Town and Country Road Suite 140 Orange, California 92868 (619) 929-6090 Mobile (949) 390-2860 Office Local Assistance Procedures Manual Exhibit B- I Exhibit 10-H Cost Proposal CITY OF HUNTINGTON BEACH - Public Works Department ) ON -CALL CONSTRUCTION MANAGEMENT SERVICES Page 1 of 25 EXHIBIT 10-H COST PROPOSAL I ACTUAL COST -PLUS -FIXED -FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Federal Aid No: TBD Consultant: Vali Cooper & Associates, Inc. Contract No.: TBD Date: 1/11/2018 DIRECT LABOR Classification/Title Name Shift Hours Actual Hourly Rate Total Contract Manager Joe Webber All 1 $ 83,00 $ 83.00 Construction Manager Nick Pailma ST 5 $ 5&00 $ 290.00 Construction Manager Tom Nowak ST 5 $ 70.00 $ 350.00 Construction Manager Michelle Leonard ST 5 $ 73.00 $ 365.00 Construction Manager Dave Sluga ST $ 70.00 $ - Construction Manager Rod Holtman All $ 85.00 $ Construction Manager Michael Yepiz ST $ 69.71 $ - Construction Manager Michael Moen ST $ 67.00 $ - Construction Manager Steve Quezada Ali $ 85.00 $ *Construction Inspector Don Isom Day ST 5 $ 60.00 $ 300.00 OT $ 90.00 $ - DT $ 120.00 $ *Construction Inspector Rem! Nunez Day ST 5 $ 62.31 $ 311.55 OT _ $ 87.00 $ - DT $ 116.00 $ *Construction Inspector Rosario RuvaIca ba Day ST 5 $ 61.18 $ 305.90 OT $ 84.46 $ - DT $ 107,74 $ *Construction Inspector Robert Estrada Day ST $ 59.45 $ OT $ 82.73 $ DT $ 110,00 $ *Construction Inspector Albert Murillo Day ST $ 58.00 $ OT $ 87.00 $ - DT $ 116.00 $ - *Construction Inspector Marc Laroche Day ST 5 $ 59.77 $ 298.85 OT $ 83.05 $ DT $ 110.00 $ - *Construction Inspector Brad Brooks Day ST $ 59.13 $ - OT $ 82.41 $ - DT $ 105.69 $ - *Construction Inspector Tom Galvan Day ST 5 $ 63.00 $ 315.00 OT $ 9450 $ DT $ 126.00 $ *Construction Inspector Warren Williams Day ST 5 $ 60.00 $ 300.00 OT $ 90.00 $ DT $ 120.00 $ *Construction Inspector Ryan Ketchum Day ST $ 60.83 $ OT $ 84.11 $ - DT $ 110.00 $ *Construction Inspector Mitch Morgan Day ST $ 60.42 $ - OT $ 83.70 $ DT $ 106.98 $ - *Construction Inspector Sam Roe Day ST $ 59.00 $ - OT $ 88.50 $ DT $ 118.00 $ *Specialty/SWPPP Inspector Matt Tsugawa Day ST 5 $ 68.00 $ 340.00 OT $ 102.00 $ - DT $ 136.00 $ - *Specialty/ SWPPP Inspector Dave Sluga Day ST $ 70.00 $ OT $ 105.00 $ DT $ 140.00 $ Contract Admin/ Office Eng, Mario Marzona ST $ 56.00 $ LPP 15-01 January 14, 2015 Local Assistance Procedures Manual Exhibit 10-H Cost Proposal CITY OF HUNTINGTON BEACH - Public Works Department ( ON -CALL CONSTRUCTION MANAGEMENT SERVICES EXHIBIT 10-H COST PROPOSAL ( ACTUAL COST -PLUS -FIXED -FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Federal Aid No Consultant: Vali Cooper & Associates, Inc. Contract No. DIRF(T 1 AROR TBD TOO Page 2 of 25 Date: 1/11/2018 Classification/Title Name Shift Hours Actual Hourly Rate Total Contract Admin/ Office Eng. Linda Smoot ST $ 44.00 $ - Contract Admin/ Office Eng. Jennifer Saldivar ST $ 50.00 $ - Contract Ad min Support Harmony Kunz All $ 34.62 $ - LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases FRINGE BENEFITS d) Fringe Benefits Rate: 0.00% INDIRECT COSTS f) Overhead Rate: * 150.00% h) General and Administrative Rate: 0.00% FEE (Profit) q) Rate: 10.00910 OTHER DIRECT COSTS (ODC) Description 1) Company Vehicles ($1,200/mo ) $7.00/hr) m) Personal Vehicles (mileage @ IRS Rate) n) Document Control Software (Pro Core - monthly) O) Subconsultant Costs: APSI Construction Management (DBE) Dynamic Engineering Services, Inc. (DBE) Guida Surveying, Inc. La Salle Solutions, LLC Ninyo & Moore $ 3,259.30 $ 160.39 C) TOTAL DIRECT LABOR COSTS $ 3,419.69 e) TOTAL FRINGE BENEFITS $ - g) Overhead $ 5,129.54 i) Gen & Admin $ j) TOTAL INDIRECT COSTS $ 5,129.54 k) TOTAL FIXED PROFIT $ 854.92 TOTAL LABOR COSTS Unit(s) Unit Cost Total $ 7.00 $ $ 0.545 $ - $ 350.00 $ 1 $ 2,172.01 $ 2,172.01 1 $ 833.06 $ 833.06 1 $ 1,674.97 $ 1,674.97 1 $ 2,669.25 $ 2,669.25 1 $ 5,939.09 $ 5,939.09 $ 9,404.15 p) TOTAL OTHER DIRECT COSTS $ 13,288.38 TOTAL COST $ 22,692.53 NOTES: • Employees subject to prevailing wage requirements to be marked with an ". • ODC items should be based on actual costs and supported by historical data and other documentation. • ODC items that would be considered "tools of the trade" are not reimbursable. • ODC items should be consistently billed directly to all clients, notjust when client will payfor them as a direct cost. • ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate • Rates shown are based on DIR Prevailing Wage Determination SC-23-63-2-2017-1D which has one (1) pre -determined increase of $2.30 effective 7/1/2018. VC&A will adjust pay rates and bill accordingly, * For projects with FHWA funding, VC&A will adjust ICR and hourly bill rates to reflect FAR OH of 145.60% and remove asterisked ODCs. LPP 15-01 January 14, 2015 Local Assistance Procedures Manual Exhibit 10-H Cost Proposal CITY OF HUNTINGTON BEACH - Public Works Department I ON -CALL CONSTRUCTION MANAGEMENT SERVICES EXHIBIT 10-H COST PROPOSAL I ACTUAL COST -PLUS -FIXED -FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES( Consultant: Vali Cooper & Associates, Inc. Contract No.: TBD 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours; Page 3 of 25 Date: 1/11/2018 Direct Labor Total Hours per Avg 5 Year Subtotal per Cost Cost Proposal Hourly Contract Proposal Rate Duration $3,259.30 51 = $63.91 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation Year 2* $63.91 + 4% _ $66.46 Year 2 Avg Hourly Rate Year 3* $66.46 + 31A = $68.46 Year 3 Avg Hourly Rate Year 4* $68.46 + 30/6 = $70.51 Year 4 Avg Hourly Rate Year 5* $70.51 + 3% _ $72.63 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year Year 1* 20.0% * 51 = 10 Estimated Hours Year 1 Year 2* 20.0% * 51 = 10 Estimated Hours Year 2 Year 3* 20.0% * 51 = 10 Estimated Hours Year 3 Year 4* 20.0% * 51 = 10 Estimated Hours Year 4 Year 5* 20.0% * 51 = 10 Estimated Hours Year 5 Total 100% Total = 50 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per (calculated above) (calculated above) Year Year 1* $63.91 * 10 = $639.08 Estimated Hours Year 1 Year 2* $66.46 * 10 = $664.64 Estimated Hours Year 2 Year 3* $68.46 * 10 = $684.58 Estimated Hours Year 3 Year 4* $70.51 * 10 = $705.12 Estimated Hours Year 4 Year 5* $72.63 * 10 = $726.27 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $3,419.69 Direct Labor Subtotal before Escalation = $3,259.30 Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $160.39 NOTES: • This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. • An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. 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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 Q 10. DBE /o Local Agency to Complete this.Section 11. TOTAL CLAIMED DBE PARTICIPATION 17. Local Agency Contract Number: 18 Federal -Aid Project Number: 19. Proposed Contract Execution Date: Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 20 Local Agency Representative's Signature 21. Date 22. Local Agency Representative's Name 23. Phone 24. Local Agency Representative's Title IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. 12. Preparer's Signature 13. Date 14. Preparer's Name 15. Phone 16. Preparer's Title DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 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 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 finus. 8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 17. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 18. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 19. Proposed Contract Execution Date - Enter the proposed contract execution date. 20. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this foam 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 foam. 23. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual 1. Local Agency: 3. Project Description: 4. Project Location: 5. Consultant's Name: Exhibit 10-02 Consultant Contract DBE Commitment 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;doinplete this Section ',r....- 14. TOTAL CLAIMED DBE PARTICIPATION $ 20. Local Agency Contract KI,,,.,h— 21. Federal -Aid Project Number: 22. Contract Execution nat. 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 perceritage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE hlformation - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firn 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 positionAitle of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual EXH BIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Fla. contract ❑ a. bid/offer/application Fla. initial b. grant b. initial award b. material change e. cooperative agreement c. post -award d. loan e. loan guarantee f: loan insurance 4. Name and Address of Reporting Entity ❑ Prime FISubawardee Tier if known 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 Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if knowrt: 9. Award Amount, if know-n: 10. Name and Address of Lobby Entity 14. Individuals Performing Services (If individual, last name; first name, MI) (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 12. Amount of Payment (check all that apply) 14. 'Type of Payment (check all that apply) S ❑ actual planned a. retainer b. one-time fee 13. Form of Payment (check all that apply): e. commission cash d. contingent fee ®a. b. in -kind; specify: nature c deferred Value f. other, specify 15. Briel'Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employce(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes ❑ No ❑ 17. Information requested through this form is authorized by Title 31 U.S C Section 1352. This disclosure oflobbyngreliance Signature: was placed by the tier above when his transaction was made or entered into This disclosure is required pursuant to 31 U.S.0 print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection_ Any person who fails to file the required disclosure shall be subject I tile: to a civil penalty of not less than $10 000 and not more than $100,000 for each such failure. Telephone No.: Date: Federal Use Only: Standard Form LLL Rev 04-28-06 Distribution: Ong Local Agency project Files Authorized for Local Reproduction Standard Form - LLL Page 1 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETING Exinur 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence. the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee. e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address. city, state. and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 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 influence the covered federal action. 11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of'payment made or planned to be made. 13. Check all boxes that apply. I f payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 14. Check all boxes that apply. If other, specify nature. 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 16. Check whether or not a continuation sheet(s) is attached. 17. The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information. including suggestions for reducing this burden. to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington. D.C. 20503. SF- L I-L 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 Subject Pave 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 XI1 State Prevailing Wage Rates.................................................................................................... I l Article XII1 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 XVl 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 ArticleXXII Disputes...................................................................................................................................16 ArticleXXI11 Inspection of Work..................................................................................................................16 ArticleXXIV Safety.......................................................................................................................................17 ArticleXXV Insurance..................................................................................................................................17 ArticleXXV1 Ownership of Data...................................................................................................................18 Article XXVII Claims Filed by LOCAL AGENCY'S Construction Contractorr.............................................18 Article XXVIII Confidentiality of Data............................................................................................................19 Article XXIX National Labor Relations Board Certification................................................................I........19 Article XXX Evaluation of Consultant.........................................................................................................19 Article XXXI Retention of Funds...................................................................................................................19 ArticleXXXII Notification..............................................................................................................................21 ArticleXXXIII Contract....................................................................................................................................21 ArticleXXXIV Signatures.................................................................................................................................21 Page I of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R ARTICLE I INTRODUCTION A&E Sample Contract Language A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY: The name of the "CONSULTANT" is as follows: Incorporated in the State of (NAME OF STATE) The Project Manager for the "CONSULTANT" will be (NAME) The name of the "LOCAL AGENCY" is as follows: The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this contract is described in Article II 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 hannless LOCAL AGENCY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions of CONSULTANT. D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of this contract, shall act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY. E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULTANT either in whole or in part. F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. ARTICLE 1I STATEMENT OF WORK (INSERT APPROPRIATE ST,47-EMENT OF WORK INCLUDING A DESCRIPTION OF THE DELIVERABLES) A. Consultant Services Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in consultant contract should be included. Describe acceptance criteria, and if the responsible consultant/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the contract including registration number. Page 2 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Environmental documents are not considered complete until a Caltrans District Senior 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, "Environmental Procedures" in the LAPM, and the Standard Environmental Reference]. B. Right of Way State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way plots are to be furnished. C. Surveys State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys. D. Subsurface Investigations State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference. E. Local Agency Obligations All data applicable to the project and in possession of LOCAL AGENCY or another agency, or government that are to be made available to CONSULTANT are referred to in the contract. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly. F. Conferences, Visits to Site.. Inspection of Work The contract provides for conferences as needed, visits to the site, and inspection of the work by representatives of the state, or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee. G. Checking Shop Drawings For contracts requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the contract fee, or provision may be made for separate payment. H. Consultant Services During Construction The extent, if any of CONSULTANT's services during the course of construction as material testing, construction surveys. etc., are specified in the contract together with the method of payment for such services. 1. Documentation and Schedules Contracts where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the contract objectives. J. Deliverables and Number of Copies The number of copies of papers or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way plots is specified. Provision may be made for payment for additional copies. Page 3 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE III CONSULTANT'S REPORTS OR MEETINGS (Choose either Option I or Option 2) (Option I - Use paragraphs A & B below, for standard contracts) A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator, as needed, to discuss progress on the contract. (Option 2 - Use paragraphs A & B below, for on -call contracts) A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY's Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s). ARTICLE IV PERFORMANCE PERIOD (Verbatim) (A time must be set for beginning and ending the work under the contract. The tune allowed for performing the work is specified; it should be reasonable, for the kind and amount o f services contemplated; and it is written into the contract. ff it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the contract. (Choose either Option I or Option 2) (Option I - Use paragraphs A & B below for standard and on -call contracts) A. This contract shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The contract shall end on (DATE), unless extended by contract amendment. B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY. (Option 2 - Use paragraph C below in addition to paragraphs A & B above for on -call contracts) C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the contract shall be extended by contract amendment. ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim) (Choose either Option 1, 2, 3, or 4) (Option I - Use paragraphs A through J below, for Actual Cost -Plus -Fixed Fee contracts. Use Exhibit 1 D-1-I, Example 91 for Cost Proposal Format) Page 4 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language A. The method of payment for this contract will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY's approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "H" shall not be exceeded, unless authorized by contract amendment. B. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment. C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. D. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT's fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination. F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract. G. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL AGENCY's Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60 calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATO (ADDRESS) H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(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 personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. Page 5 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language (Option 2 - For Cost per Unit of Rork contracts, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re -letter the retnaining paragraphs. Adjust as necessary for work specific to your project. Use Exhibit 10-H, Example 43 for Cost Proposal Format) A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore. B. The specified rate to be paid for vehicle expense for CONSULTANT's field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for a fully equipped vehicle, with radio and flashing yellow light (if needed), as specified in Article 11 of this contract. The specified rate to be paid for equipment shall be, as listed in Attachment (Insert Attachment Number). C. The method of payment for this contract, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment -rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and contract is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph ` L" 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 (Attaclvnent 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 perfonnance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate. including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT. E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT's Cost Proposal. F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. Page 6 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate. H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. I. 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 pen -nit upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in triplicate. Separate invoices itemizing all costs are required -for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract, must be reimbursed by CONSULTANT prior to the expiration or termination of this contract. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (NAME OF LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Contract. M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. N. if the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. O. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this contract shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders. (Option 4 - Use paragraphs A through E below, for lump sum contracts. Use Exhibil 10-H, Example 41. for Cosl Proposal Formal) 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 11 Statement of Work of this contract. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum Page 7 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language compensation will not be effective until authorized by contract amendment and approved by LOCAL AGENCY. B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination. C. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract. D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount). ARTICLE VI TERMINATION (Verbatim) A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written notice to CONSULTANT with the reasons for termination stated in the notice. B. LOCAL AGENCY may tenninate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any 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 Governments. Page 8 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY. ARTICLE VIII RETENTION OF RECORDS/AUDIT (Verbatim) For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters cormected 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, FH WA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it's certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. ARTICLE IX AUDIT REVIEW PROCEDURES (Verbatim) A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by LOCAL AGENCY'S Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract. (The following AUDIT CLAUSE must be inserted into all contracts of $150,000 or greater) D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 3I 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 govermnent 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 terns of costs identified in the audit report shall be incorporated into the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. (The following 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 Page 9 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the contract terns and cause for termination of the contract and disallowance of prior reimbursed costs. 1. 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&L 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. above, Caltrans may require CONSULTANT to submit a revised independent CPA -audited ICR and audit report within three (3) months of the effective date of the management letter. Caltrans will then have up to six (6) months to review the CONSULTANT's and/or the independent CPA's revisions. 3. If the CONSULTANT fails to comply with the provisions of this Section E, or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPA -audited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the ICR and set forth in paragraph E.I. above for all rendered services. In this event, this provisional ICR will become the actual and final ICR for reimbursement purposes under this contract. 4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) Caltrans approves or rejects the original or revised independent CPA -audited ICR; (2) all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3) Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICETO local agency no later than 60 days after occurrence of the last of these items. The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. ARTICLE X SUBCONTRACTING (Verbatim) A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT's obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY'S obligation to make payments to the CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by LOCAL AGENCY's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. Page 10 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY. D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. E. Any substitution of 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 detennined 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 terns 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 1 -For contracts where a portion of the proposed work to be pei,formed 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://www.dir.ca.gov. Page II of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language (Option 2 - Use only paragraph A below when all of the proposed work in the contract is performed by crafts not affected by state labor laws or are not conlemplated,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 1 or Option 2 if appropriale) (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 onlj) 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. Page 12 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS FOR LOBBYING (Verbatim) (Include this article in all contracts where federal funding will exceed $I50, 000. If less than $I50, 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: 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. 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-t), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Page 13 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. (For contracts with Federal funding, add paragraphs C & D) C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION A. CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or detennined 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. Tlvs contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this contract in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds. Page 14 of 21 August 2016 Local Assistance Procedures Manual EXHIBI'r 10-R A&E Sample Contract Language D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds. ARTICLE XIX CHANGE IN TERMS A. This contract may be amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY's Contract Administrator. C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by LOCAL AGENCY's Contract Administrator. ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. The goal for DBE participation for this contract is %. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DBE information (Exhibit 10-02) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the 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. Page 15 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. 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 1 - Use paragraphs A through C below for all contracts without PS&E submittal) A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY's Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT. B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this contract. (Option 2 - Replace Paragraph B, above, with the. following for contracts requiring the submission of PS&E) Page 16 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language B. Not later than 30 days after cornpletion 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 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. (Add to all contracts, which may require trenching of five,feet or deeper) D. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) permit(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: 1. That the insurer will not cancel the insured's coverage without 30 days prior written notice to LOCAL AGENCY. 2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this contract are concerned. Page 17 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language 3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy. C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, CONSULTANT agrees to provide at least thirty (30) days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the 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 ofservices that will not require the Consultant or subconsultant to work within the operating State or LOCAL AGENCI' 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. Page 18 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this contract. C. Services of CONSULTANT's personnel in connection with LOCAL AGENCY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary. extending the termination date of this contract in order to resolve the construction claims. ARTICLE XXVIII CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY's operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or LOCAL AGENCY's actions on the same, except to LOCAL AGENCY's staff, CONSULTANT's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY'S written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. (For PS&E contracts add paragraph F, below, to paragraphs A through E, above) F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity other than LOCAL AGENCY. ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board. ARTICLE XXX EVALUATION OF CONSULTANT CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record. Page 19 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE XXXI RETENTION OF FUNDS A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section. (Local agency to include either B, C, or D below; delete the other two) B. No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultants and subconsultants. C. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultant and subconsultants. D. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within thirty (30) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultant and subconsultants. Page 20 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE XXXII NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this contract and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: CONSULTANT: (CONSULTANT) (NAME) , Project Manager (ADDRESS) LOCAL AGENCY: (LOCAL AGENCY) (NAME) Contract Administrator (ADDRESS) ARTICLE XXXIII CONTRACT The two parties to this contract, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this contract as evidenced by the signatures below. ARTICLE XXXIV SIGNATURES (Name of CONSULTANT) (Signature) (Name of Signer) Date: (Name of LOCAL AGENCY) (Signature) (Name of Signer) Page 21 of 21 August 2016 Bidder's List for Construction Management - 2018 Company Name Phone AESCO, Inc. 714-375-3830 AndersonPenna Partners, Inc. 949-428-1500 Arcadis 714-730-9052 Berg & Associates, Inc. 310-548-9292 CivilSource, Inc. 949-585-0477 CSG Consultants, Inc. 714-568-1010 DIRTONU, Inc. DBA MUROW 949-398-6735 DMc Engineering 949-753-9393 Dudek 760-207-3405 Ghirardelli Associates, Inc. 714-852-9012 Harris & Associates, Inc. 949-655-3900 ext. 2321 Interwest Consulting Group 714-899-9039 KOA Corporation 714-573-0317 P so m a s 714-481-8026 Syrusa Engineering, Inc. 714-784-6700 Transtech Engineers, Inc. 909-595-8599 Vali Cooper & Associates, Inc. 951-788-6028 Wallace & Associates 951-966-7774 Willdan Engineering 714-978-8200 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Wallace and Associates Consulting, Inc. OVERALL RANKING: 1 out 19 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Senior Civil Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 94 Vendor #5 — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the work to be done 24 25 Experience with similar kinds of work 20 20 Quality of staff for work to be done 13.7 15 Capability of developing innovative or advanced techniques 9.7 10 Familiarity with state and federal procedures 7.3 10 Financial responsibility 10 10 Demonstrated Technical Ability 9.3 10 Total II. DUE DILIGENCE REVIEW • The Cities of Laguna Niguel, City of Irvine and the City of Garden Grove were contacted for references regarding Wallace and Associates. The City received positive reviews. Wallace and Associates Consulting, Inc. — Summary of Review • Wallace and Associates scored high in all seven categories in the review. Wallace and Associates Consulting, Inc. — Pricing • Low end from $86/Hr for Labor Compliance • High end to $174/Hr for Project Manager 388 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Dudek. OVERALL RANKING: 2 out 19 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Senior Civil Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 90.1 Vendor #5 — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the work to be done 24 25 Experience with similar kinds of work 19 20 Quality of staff for work to be done 13 15 Capability of developing innovative or advanced techniques 6.7 10 Familiarity with state and federal procedures 9.7 10 Financial responsibility 10 10 Demonstrated Technical Ability 7.7 10 Total II. DUE DILIGENCE REVIEW • Dudek has previously provided construction management services to the City with high -quality results. Dudek — Summary of Review • Dudek scored well in all seven categories. In addition, Dudek has previously provided quality construction management services to the city. Dudek — Pricing • Low end from $55/Hr for Labor Compliance • High end to $175/Hr for Project Manager 389 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Vali Cooper and Associates, Inc. OVERALL RANKING: 3 out 19 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Senior Civil Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 86 Vendor #5 — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the work to be done 20.7 25 Experience with similar kinds of work 17.3 20 Quality of staff for work to be done 13 15 Capability of developing innovative or advanced techniques 9.3 10 Familiarity with state and federal procedures 6.7 10 Financial responsibility 10 10 Demonstrated Technical Ability 9 10 Total II. DUE DILIGENCE REVIEW • References were checked with the Cities of Cypress, Rancho Palos Verdes and South Gate. All references were positive. Valli Cooper and Associates — Summary of Review • Vali Cooper scored well in all categories and has a large hands-on experienced staff to assist the City of Huntington Beach. Vali Cooper and Associates — Pricing • Low end from $156/Hr for Labor Compliance • High end to $228/Hr for Contract Manager 390 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Arcadis, U.S., Inc. OVERALL RANKING: 4 out of 19 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Contract Administrator 3. Senior Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 81.6 Arcadis — Minimum Qualifications Review Total Weiqhted Maximum Criteria Score Score Understanding of the work to be done 21.3 25 Experience with similar kinds of work 12.3 20 Quality of staff for work to be done 14.3 15 Capability of developing innovative or advanced techniques 8.3 10 Familiarity with state and federal procedures 9.7 10 Financial responsibility 10 10 Demonstrated Technical Ability 7.7 10 Total II. DUE DILIGENCE REVIEW • Clients such as Irvine Ranch Water District, City of Los Angeles, and East Valley Water District (to name a few) Arcadis — Summary of Review • Arcadis scored well in all the categories. In addition, Arcadis demonstrated that they have experienced water, sewer and pipeline construction managers and inspectors. Arcadis — Pricing • Low end from $55/Hr for Field Investigator • High end to $221/Hr for Project Manager 391 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Vendor #5. OVERALL RANKING: 5'out of 19 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Contract Administrator 3. Senior Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 80.7 Vendor #5 — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the work to be done 21.7 25 Experience with similar kinds of work 15 20 Quality of staff for work to be done 10.7 15 Capability of developing innovative or advanced techniques 8.3 10 Familiarity with state and federal procedures 7.0 10 Financial responsibility 10 10 Demonstrated Technical Ability 8 10 Total II. DUE DILIGENCE REVIEW • The city is familiar with Vendor #5 because of their past work history with the city projects. VENDOR #5 — Summary of Review • Vendor #5 has worked with the City of Huntington Beach on past projects and has performed satisfactory work. VENDOR #5 — Pricing • Low end from $81/Hr for Labor Compliance • High end to $329/Hr for Project Manager 392 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk December 3, 2018 Vail Cooper and Associates, Inc. Hank Doll, PE -President 2000 Powell Street, Suite 550 Emeryville, CA 94608 Dear Mr. Doll. - Enclosed is a copy of the fully executed "Professional Services Contract between the City of Huntington Beach and Vail Cooper and Associates, Inc. for On Call Management and Engineering Services" approved by the Huntington Beach City Council on November 5, 2018. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand