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Albert Grover & Associates, Inc. - AGA Engineers, Inc. - 2018-10-01
City of Huntington Beach File #: 18-353 MEETING DATE: 10/1/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subject: Approve and authorize execution of Professional Services Contracts for On Call Transportation Engineering Services with Albert Grover & Associates, ADVANTEC Consulting Engineers, Inc., and FPL and Associates, Inc., each in an amount not to exceed $300,000 Statement of Issue: The Public Works Department requires on call transportation engineering services to support and supplement staff for the design of capital improvement projects which are identified in the annual capital improvement program. Financial Impact: The City's adopted FY 2018/19 Capital Improvement Programs (CIP) Budget totals $24.7 million for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management and other required costs. The three (3) recommended transportation engineering service contracts have a total maximum value of $900,000 over the next three years, and individual tasks will be funded on an as -needed basis within each project's individual CIP budget. As such, no additional funding is required by this action. me.c®rttmenaea Action: ,A) -'Approve and authorize the Mayor and City Clerk to execute a $300,000 "Profession I -Services Contract Between the City of Huntington Beach and Albert Grover & Associates, Inc. for On Cull Transportation and Engineering Services;" and, 4e B) Approve and authorize the Mayor and City Clerk to execute a $300,000 "Professional Services Contract Between the City of Huntington Beach and ADVANTEC Consulting Engineers, Inc. for On Call Transportation and Engineering Services;" and, t6 J' 6 C) Approve and authorize the Mayor and City Clerk to execute a $300,000 "Professional Services Contract Between the City of Huntington Beach and FPL and Associates, Inc. for On Call Transportation and Engineering Services."A .Fez Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects City of Huntington Beach Page 1 of 3 70 Printed on 9/26/2018 powered by Leaistar"° File #: 18-353 MEETING DATE: 10/1/2018 could be delayed until new contracts are approved. Analysis: On November 28, 2017, the City advertised a Request for Qualifications (RFQ) for On -Call Engineering and Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Eleven (11) proposals were received for transportation engineering services. In accordance with qualifications based selection procurement per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Proposals were evaluated and ranked by a three (3) member panel review team established by the Public Works Department. The reviewers were a Principal Civil Engineer, a Senior Civil Engineer, and a Public Works Contract Administrator. After conducting the entire evaluation process, including negotiating for competitive rates, the top three (3) firms were selected, and they are Albert Grover & Associates, ADVANTEC Consulting Engineers, Inc., and FPL and Associates, Inc. Retaining three firms provides an opportunity for competitive proposals on individual projects from qualified on -call consultants and provides a broader range of technical expertise. A summary of evaluation sheets for the top (3) firms, and the fourth (4th) firm not selected are shown in Attachment 4. The contracts recommended in this Request for Council Action (RCA) are to support staff for transportation engineering. These services have historically been utilized to supplement City staff to meet annual CIP goals, as an extension of staff and/or to provide required expertise for unique projects or studies. It is anticipated that these services will be required based on past years. Each project is evaluated on a case -by -case basis to determine if these as -needed contract services are necessary and whether appropriate funds have been budgeted in the applicable fiscal year. The City's Capital Improvement Program (CIP) Fiscal Year 2018/19 CIP totals $24.7 million in new projects. Typical design and construction support costs from use of consultants on a CIP project can vary between ten (10) to twenty (20) percent of total costs for a CIP project. Therefore, it is practical to conservatively estimate minimum annual consultant costs would be approximately $2.4 million to the City for total CIP projects or $6 million within the next three (3) years. Transportation engineering services are typically required for signal improvements, signing and striping, street lighting, and signal synchronization related CIP projects. Therefore, these consultants were selected to meet projected workload over the next three years with a total contract limit of $900,000. This agenda item does not require Public Works Commission action. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure City of Huntington Beach Page 2 of 3 Printed on 9/26/2018 71 powered by Legist2rw File #: 18-353 MEETING DATE: 10/1/2018 Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Albert Grover & Associates for On Call Transportation Engineering Services 2. Professional Services Contract between the City of Huntington Beach and ADVANTEC Consulting Engineers, Inc. for On Call Transportation Engineering Services 3. Professional Services Contract between the City of Huntington Beach and FPL and Associates, Inc. for On Call Transportation Engineering Services 4. Professional Service Award Analysis for Albert Grover & Associates, ADVANTEC Consulting Engineers, Inc., FPL and Associates, Inc., and Vendor #4 City of Huntington Beach 72 Page 3 of 3 Printed on 9/26/2018 powered by Leaistar"' PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALBERT GROVER & ASSOCIATES, INC. FOR ON CALL TRANSPORTATION AND ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Albert Grover & Associates, Inc. , a California coorporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on call transportation 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: I. 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 Mark H. Miller 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 I I 10/12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on October 1 , 2018 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Hundred Thousand Dollars ($300,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnet/professional sves 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/ Sur-net/professional sves mayor J 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/ surfneUprofessional svcs 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 sves 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: Bill Janusz 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Albert Grover & Associates, Inc. ATTN: Mark H. Miller 211 Imperial Highway, Suite 208 Fullerton, CA 92835 714-992-2990 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 svcs 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/ surfinet/professional Svcs mayor 8 of I I 10/12 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfnct/professional 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; surfnet/professional svcs mayor 10 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 Transportation and Engineering Services. Upon award, and the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these staff to CITY for approval before commencing work. CONSULTANT shall comply with all Local Assistance Procedures Manual (LAPM), the Caltrans Construction Manual, the Federal Highway Administration requirements, and Caltrans A&E Sample Contract Language known as Exhibit I O-R, which includes, Caltrans Consultant Proposal DBE Commitment known as Exhibit 10-01 and/or 10-02, and Caltrans Disclosure of Lobbying Activities known as I O-Q (Exhibit C). C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project. 2. Furnish construction plans and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing: All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALBERT GROVER & ASSOCIATES, INC. FOR ON CALL TRANSPORTATION 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 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................I 1 ® CERTIFICATE OF LIABILITY INSURANCE DATE/26/2018 I'j /$�'®f(;� 626/018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the -policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER ICA Insurance Services _NAME: Betty Tran AA 130 Vantis, Suite 250 PHONE 949-297-5962 1Ac,N..o.1__._.._.949.297-5960 Aliso Viejo, CA 92656 E-MAIL(AICNo Extl:_. __ E-M 41 AgpREss: _,_ -- _ botty.tran(a ioausa.com INSURER(Sl AFFORDING COVERAGE NAIC # -_ www.ioausa.com CA License #QE67768 INSURED Albert Grover & Associates, Inc. 211 East Imperial Hwy, Suite 208 Fullerton CA 92835 INSURER As RLI insurance Comoany ( _13056 - -- INSURER B : RSUI Indemnity Company 22314 INSURER C: Continental Casualty Company___ ' 20443 INSURER. !)- INSURER F : R F1fICIrI AI NIIMRFi2- v THIS`IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED' BELOWHAVEBEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WI ITCH 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 TYPE OF INSURANCE ADDL'SUHR. POLICY EFF POLICY EXP LIMITS LTR ! ` i POLICY NUMBER MM/DD7YYYY MMIDDfYYYYi A ✓ COMMERCIAL GENERAL LIABILITY j, �' �; =PSB0001618 7/1/2018 7/1/2019 EACH OCCURRENCE 51,000,000 $1,��C.O�� Scheduled At Endt DA AP.GE TO REt - 1CL4tMS-MADE OCCUR #PPB3130212 PRcMISES(Eaoccerreace� / Primary/Non-Contributory Professional Services MED EXP (Any one Persons 10,000 _ Waiver of Subrocation $1 000,000 performed by the Insured ' PERSONAL a ADV tNJURY ---- $2,000,000 1 GEN'LAGGREGATE LIMITAPPLIES PER are Excluded GENERAL AGGREGATE ! $ 2 000,000 e. — PRO- L ✓. LOG I PRODUCTS - CnMIPiOP AGG 1 $ NOLICY 2 JECT OTHER: A AUTOMOBILE LIABILITY PSB0001618 7i1!20i8 711 /2019 COMBINED SINGLE LIMB Ea acc.Ident S1,000,000 _ ANY AUTO ;Included in General BODILY INJURY (Per Person; $ $ OWNED SCHEUULEO 3Liability 4 BODILY INJURY (Per accident} AUTOS ONLY AUTOS r -' $ HIRED NON-DWNED ✓.. AUTOS ONLY ✓ AUTOS ONLY PROPERTY DANAGc fPer accidentl__ .. _ B UMBRELLA LIAB / j OCCUR NHA245195 7,11/2018 7/1/2019 LLA�f OCGURRENGE $2.000,000EXCESS LIAB I CLAIMS-MADEEXCIUdes PfOfeSSiOnal ( GREGATE -�--� $2 000 000 Liability; Follow Form ' -- UED RETENTION 1! A WORKERS COMPENSATION ✓ iPSW0001494 7/1i2018 7/1/20i9 PER OTH- ✓ STATUTE I ER ANDEMPLOYERS' LIABILITY Y! N ANYPROPRiETORt'PAR7MERlEX EC:; PJE Waiver of Subrogation F.L EACH ACCIDENT , $ 1 .100,000 — OFF10ERWEMBEREXCLUDED7 (Mandatory in NH) NlA, Endt#\NC0403060484 E.L. DISEASE - EA EIN PLOYS__- $ iQQ�,�Q____..—.._._.._-._ ' If yes, des "be under DESCRIPTION OF OPERA below E.L. rJiSEASE - POLICY LIM11 $ 1 000 G00 C Professional Liability �MCH288354455 APPR0VE ' 1/2019 $2,000,000 Each Claim Claims -Made I S4,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD I D1, Additional Remarks Sched.)UQIyvettEpt( r space is required) CITY ATTORNIEY, Certificate Holder is an Additional Insured with respect to General Liabili Q� Ht0M g �k written contract with the Insured prior to an occurrence as per Endorsement noted above. GL includes Separation of Insureds an onttracKti lability per limitations in the BUsinessOwners' Coverage form. A Workers' Compensation Waiver of Subrogation as noted above is included for the person or organization named in the Schedule that are parties to a contract requiring this Endorsement, provided that contract is executed before the loss. Coverage subject to all policy terms conditions, limitations and exclusions. 30 Day Notice Cancellation/10 Days for Nor, -Payment in accordance with policy provisions. CtFt I IhILA I t MULUttY On -Call Engineering & Professional Consulting Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntin ton Beach, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN its directors, oTficers and employees ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntincton Beach CA 92648 AUTHORIZED REPRESENTATIVE (AVC) Alicia K. Igram V 1u258-LU13 Al.Il YKU I.V KYvt[N t tutu. e+.n I tynw ,wot vev. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD z2_,'7454d 1 1l18-i5 GIVHXCEES/WC EL 1 1a,line Singh— d/26j2319 11:11_13 AM (71)T1 ! -rage I 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 October 3, 2018 Albert Grover & Associates, Inc. Attn: Mark H. Miller 211 Imperial Highway, Suite 208 Fullerton, CA 92835 Dear Mr. Miller: Enclosed is a copy of the fully executed "Professional Services Contract between the City of Huntington Beach and Albert Grover & Associates, Inc. for On Call Transportation Services." Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Local Assistance Procedures Manual EXHIBIT 10-1I .m ..... Sample Cast Proposal Page 1 of 4 EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #Z) SPECIFIC RATE OF C6fdPENSA'rT0N (USE FOR ON-CAI,I. OR AS-NEFDED CONI'RACIS) (CONSTRUCTION ENGINEERING AND INsP£Cl7ON CONIRACTS) Note_ -:Mark-ups are Not Allowed ConsUlant or Subconsultant Albert Grover & Associates Contract No. On -Call Transp_ Eng__ Date 111 ilia Fringe Benefit 52.62% + Overhead 136.57% + General Administration 32.10% = 221.299 Combined Indirect Cost Rate (ICR) (-- 0% if Included in OH) (- 0% if Included in ©H) 10 W/O FEE flit r rmr, rKTi: I-XD hA A'rrrinl UA I CT 1T.ATTCIN TNTflRMATION Namel3ob TitlelClassificationi Hourly Billing Rates' Effective date of hourly rate Actual or Avg. % or $ Hourly range - Straight O"F(1.5x) OT(2x) From To hourly rate' increase for classifications onl S 250.00 $ 0.00 $ 0.00 01101/2018 06130/2021 S 70.77 0.00% NIA Mark Miller -Vice President 0.00% 0:©0% $ 250.00 S 0 00 $ 0.00 0119112018 06/3012021 $ 70.77 000% NfA Chalap Sadarn-Vice President 0_00% v.va% $ 215.00 $ 0.00 $ 0.00 01101120t8 0613012021. $ 60,77 0.00% NIA Dave Rosernen-Principal Transp Eng 0-00% v.00 % $ 203.00 $ 0.00 $ 0.00 01101,12018 MM12021 $ 57 33 U.00% NIA Greg Wong -Sr. Transp Eng 0.40% $ 1rJ8 00 $ 0.00 $ 0.00 01/0112018 06/30/2021 $ 55.88 0,00`Y NIA ingacio, Sanchez -Sr. Transp Eng 0.001/6 0.00 % S 180.00 $ 0.00 5 0.00 01/0112018 W30I2021 $ 50.88 0 00% NIA Ruben Herales, Sr. Design Engineer 0.00�0 1. Names and classiticatterlS of consultant (key start) team memners must De i1steu. rrUVti1C bA:pdfatC NUCCUo IV[ l]tuii]c :uiu nu au U�V"5U 1111113. 2. Billing rate = actual hourly rate* (l+ ICR) * (I- Fee). Agreed upon billing rates are not adjustable far the terra of contract. 3. For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. rilC)`MS. • Denote all employees subject to prevailing wage with an asterisks ('1 For "Other Direct Cost' lisring, see page 2 of this Exhibit Continued on next page Page 3 of 5 LPP 1 s-01 January 14, 2015 Local Assistance Procedures Manual EXHIBIT I0-H Sample Cost Proposal Page 2 of 4 Now: Mark-ups are Not Allowed Consultant or Subconsultant E:I nm(T I Q-H SAMPLE COST PROPOSAL (]EXAMPLE #2) SPECIFIC RATE OF COMPENSATION (LIST. FOR OIN-C kLL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGtNE.ERING ARID INSPFCT[ON CONTRACTS) Albert Grover & Associates Fringe Benefit 52,62% + Overhead 136.57% (_ 0% if Included in 011) (_ 0% if Included in OH) BILLING INFORMATION Contract No. On -Cali Transp. Eng. Date 1111118 General Administration 32.10°/ = 221.29° Combined Indirect Cast Rate (ICR) FCC = 10.00% CAI.C.ULATION INFORMATION Name/Job Title/Classification' Hourly Billing Hates' Effective date of hourly rate Actual or Avg. % or $ Hourly range - Straight 0T(1.5x) OT(2x) From To hourly rate' increase for classifications only $172 00 $ 0.00 $ 0.00 01/0112018 0613012021 $48.61 0.00% N!A Natali Eid Esparza, Sr. Associate 0.00% 0.00% $17D.00 $ 0.00 $ 0.00 0110112015 W3012021 $47.88 0.009. WA Roland Hizon, Transp. Engineer o,oa^i 0 00% $ 0.00 $ 0.00 0110112018 D613012021 $42.77 0.00% NIA Felipe Ortega, Sr. System Integrator 0.00% 0.00% $151.00 $ 0.00 $ 0.00 01/0112016 06/30/2021 1 $42.77 0.00% WA Leo Grimes, Sr. Signal Specialist 0.001A 0.00% $148.00 ; 0.®o $ 0.00 01/01/2018 OU3012021 $41.77 0.00% NIA Phillip Fuentes, Signal Sys. Specialist 0.00% 0,00% David Chen, Design Engineer $145.00 Is o.00 $ 0.0a 0110112018 0s1300021 $ 40.88 0.013% NIA a.o0% Names and classifications of consultant (key staff) team members must he listed. Provide separate sheets for prime and all subconsultant firms. Billing rate— actual hourly rate* (I+ It;'R) * (1+ Fee). Agreed upon billing rates are not adjustable for the terra of contract. For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. NO FS: Denote all employees subiLct to prevailing wage with an asterisks(*) + + For "Othez Direct Cost' 'riling, see page 2 of this G hibet Continued en Next Page Page 3 of 5 LPP 15-01 January 14, 20I5 Local Assistance Procedures Manual EXHIBIT 10-H Sample Cost Proposal Page 3 of 4 Ex1i HIT I0-11 SAMPLE COST PROPOSAL (EXAMPLE 42) SPEciFic RATE, OF C01APENSATION (USE FOR ON -CALL OR AS -NEEDED CON'1'RACTS) (CONSTRUCTION E GWEER1NO AND INSPECTION CONTI:ACTs) Note: Mark-ups are Not Allowed Consultant or Subconsultant Albert Grover & Associates Fringe Benefit 52.62% + Overhead 136.57% (= 0% if Included in OH) [= 0% it Included in OH) Rr1 r MC P-TI ORMATIOr,I Contract No. On -Call Transp. Eng. Hate I General Administration 32.io% = 221.29° Combined Indirect Cost Rate (ICR) FEE = 10.00% C'AI.C11I.ATION iNORMATION NamelJob TitIc/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg. % or $ Flourly range - Straight 01-(1.5x) 0'1'(2x) From To hourly ratO increase forclassifications only $124,00 $ 0.00 $ a.on 01101/2076 061M2021 $35.00 0.00% NIA Kawai Mang & Elias Garcia, 0.00% Associate Engineer 0.00% Andrew Luna, Jessica Espinoza, $117-DO $ 0.00 $ U.on 01fa112018 O 301202t $ 33.00 0.00% NIA Yolanda Cervantes, Associate Eng, 0.00% 0.00% Emilio Murga, Associate Engineer $106-00 $000 $ 0.00 011011201a 0613( 2o21 $ 30.00 0.00% NIA 0-00% Pauline Bingham, Engineering Aide $78 4d 5 000 $ 0-00 0110V2016 06J3W021 $ 22-22 0.00% NfA 0.00 % 0.00% $ 0,00 $ 0.00 DVO 2018 06130/2021 0 00% WA 0.00% 0.00% S o.00 $ o.0a 01101f201$ 06/012021 0.00% NIA 0.00% I. Names and classifications of consultant (key staff) team nicmbers must be listed. Provide separate sheets for prime and all subconsultant firms. 2. Billing rate = actual hourly rate + (1 f ICR) ` (I+ Fee), Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate. For classifications only, enter the Avcrage Hourly Rate for that classification. NOTES: • Denote all employees subiect to prevailing wage with an asterisks (*] • For "Othex DErect Cost" listing, see page 2 of this Exlubit Continued on Next Page Page 3 of 5 LPP 15-41 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10-H Sample Cast: Proposal Page 4 of 4 ExmBrr 10-H SAMPLE: COST PROPOSAL (EXAMPLE #2) SFECIFIC RATE OF COMPENSATION (USE FOR ON-CAI_,I, OR AS -NEEDED COtiTP ACTS) (CONSTYUC-1]ON ENGMEER➢NG AND INSPECTION CONTRACTS) Consultant or Subconsultant Albert Grover & Associates Contract No. On -Call Transp. En& L) ate 1l71118 SCHEDULE OF OTHER DIRECT cosT ITEMS PRIME CONSLTLTANT SUBCONSLi_.TANT #1 SU'BCONS -TANT 92 DESCRIPTION OF ITEMS UNIT LNnI COST 'l'OTAL DESCRIPTION OF U1tiIT ITEMS [:NTT COST TOTAL DESCRIPTION OF ITEMS UNIT i-wT COST TOTAL $ 0.00 Data Collection 'm $ 0.00 $ 0.00 $ O.00 $ 0 0() a O.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ ❑.00 S a.otl o.00 $ 0.00 $ O.00 $ 0.00 $ 0.00 $ 0.00 S 0.00 $0.00 50.00 $000 S0001 $0.00 $0.00 $ O.00 $ 0.00 $ 0.00 PRIME TOTAL ODCs = $ 0.00 _ SU3CONSULTAN7' 01 ODCs _ $ 0-00 SLTBCONSULTANT #2 ODCs -- $ 0.00 IIMPORTAN'r NOTES: I. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations. 2. Proposed items should be consistently billed directly to all clients (Commercial entities, Fcderal Govt., State Govt., and Local Ciovt. Agency), and not just when the client will pay for them as a direct cost. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting doctumentalion (invoiu). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation ol'their actual casts for company vehicles. In addition, the mules claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vchicics that could be used for the same purpose. Page. 4 of 5 LPP 15-01 January 14, 2015 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment 1. Local Agency: 3. Project Description: 4. Project Location: 5 Consultant's Name. EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 2. Contract DBE Goal: 6. Prime Certified DBE: ❑ 7. Description of Work, Service, or Materials Supplied 8. DBE Certification Number 9. DBE Contact Information o 10, DBE /o Local Agency.to Complete this Section. 77. 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 l 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 perfonned 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 perfonned or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE finns. 8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 10. DBE % - Percent participation of work to be perfonned or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit l 5-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 fornl is signed by the consultant's preparer. 14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 17. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 18. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 19. Proposed Contract Execution Date - Enter the proposed contract execution date. 20. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 21. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 22. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 23. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment 1. Local Agency: 3. Project Description: 4. Project Location: 5. Consultant's Name: EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 8. Total Dollar Amount for ALL Subconsultants: 2. Contract DBE Goal: 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: 9. Total Number of ALL Subconsultants: 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Local Agency to Complete this Section 14. TOTAL CLAIMED DBE PARTICIPATION 20. Local Agency Contract KI—h., 21. Federal -Aid Project Number: 22. Contract Execution natP 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 (DLAI Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). if the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual EXH BIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLF; IT TI1IS FORM TO DISCLOSE LOBBYING ACT WHIZ S PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/otTer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity 1-1 Prime FISubawardee "fier if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, 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 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, ifknoNvn: 10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last namc, first name. MI) (including address if different from No. 10) (last namc, first name. MI) 12. 13 15. (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) S actual ❑ planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission ®a. cash d. contingent fee b. in -kind: specify: nature e deferred Value f other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including oflicer(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 El 17_ Information requested through this form is authorized by Title 31 U S.C. Section 1352 This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into This disclosure is required pursuant to 31 U.S C Print Name: 1352 177is information will be reported to Congress semiannually and will be available for public inspection Any Title: 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 1 elephone No.: Date: Federal Use Only: Standard Form LEI. Rea 04-18-06 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 EXHIBIT 10-Q Disclosure of Lobbying Activities INSTRUCTION'S FOR COMPLETING ENHIBIT 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 tiling 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 t� pe 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. Ifthis 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 il'known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g.. the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city. state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example. Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item I). If 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, Imitation 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-90-00 L" 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 14. Check all boxes that apply. If other, specify nature. I S. 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 liar reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF- LU -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 Page ArticleI Introduction................................................................................................................................2 ArticleII Statement of Work.....................................................................................................................2 Article III Consultant's Reports or Meetings..............................................................................................4 Mandaloiy Fiscal and Federal provisions (Verhatim) Article IV Performance Period....................................................................................................................4 Article V Allowable Costs and Payments..................................................................................................4 ArticleVI Termination................................................................................................................................8 Article V1I 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 I Article XIl State Prevailing Wage Rates....................................................................................................1 1 ArticleXIII Conflict of Interest................................................................................................................... 12 Article XIV Rebates, Kickbacks or other Unlawful Consideration.............................................................12 Article XV Prohibition of Expending Local Agency State or Federal Funds for Lobbying ......................12 Article XVI Statement of Compliance.........................................................................................................13 Article XVII Debarment and Suspension Certification.................................................................................14 Miscellaneous provisions Article XVIII Funding Requirements.............................................................................................................14 ArticleXIX Change in Terms......................................................................................................................14 Article XX Disadvantaged Business Enterprises (DBE) Participation.......................................................15 ArticleXXI Contingent Fee.........................................................................................................................16 ArticleXXII Disputes...................................................................................................................................16 ArticleXXIII Inspection of Work.....................................................................................................4............16 ArticleXXIV Safety.......................................................................................................................................17 ArticleXXV Insurance..................................................................................................................................17 ArticleXXVI Ownership of Data ................ ................................................................. ..................... :............ 18 Article XXVII Claims Filed by LOCAL AGENCY'S Construction Contractor.............................................18 Article XXVIII Confidentiality of Data............................................................................................................19 Article XXIX National Labor Relations Board Certification.........................................................................19 Article XXX Evaluation of Consultant.........................................................................................................19 ArticleXXXI Retention of Funds...................................................................................................................19 ArticleXXXII Notification..............................................................................................................................21 ArticleXXXIII Contract....................................................................................................................................21 ArticleXXXIV Signatures.................................................................................................................................21 Page 1 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE I INTRODUCTION A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY: The name of the "CONSULTANT" is as follows: Incorporated in the State of (NAME OF STATE) The Project Manager for the "CONSULTANT" will be (NAME) The name of the "LOCAL AGENCY" is as follows: The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this contract is described in Article lI entitled Statement of Work and the approved CONSULTANT'S Cost Proposal dated (DATE J. The approved CONSULTANT's Cost Proposal is attached hereto (Attachment 1) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence. C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions of CONSULTANT. D. CONSULTANT and the agents and employees of CONSULTANT, in the 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 I1 STATEMENT OF WORK (INSERT APPROPRIATE S7A T EA4ENT 01�' IhORK 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 dining the course of construction as material testing, construction surveys. etc., are specified in the contract together with the method of payment for such services. I. Documentation and Schedules Contracts where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the contract objectives. J. Deliverables and Number of Copies The number of copies of papers or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way plots is specified. Provision may be made for payment for additional copies. Page 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 1 or Option 2) (Option 1 - Use paragraphs A & B below for standard contracts) A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Administrator to determine, if CONSULTANT is perfonning to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator, as needed, to discuss progress on the contract. (Option 2 - Use paragraphs A & B below for on -call contracts) A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY's Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s). ARTICLE IV PERFORMANCE PERIOD (Verbatim) (A time must be set.for beginning and ending the work under the contract. The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated,- and it is written into the contract. f it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the contract. (Choose either Option 1 or Option 2) (Option 1 - Use paragraphs A & B below for standard and on -call contracts) A. This contract shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The contract shall end on (DATE), unless extended by contract amendment. B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY. (Option 2 - Use paragraph C below in addition to paragraphs A & B above for on -call contracts) C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the contract shall be extended by contract amendment. ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim) (Choose either Option 1, 2. 3, or 4) (Option I - Use paragraphs A through J below for Actual Cost -Plus -Fixed Fee contracts. Use Exhibit 10-H, Example 41, for Cost Proposal Format) Page 4 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language A. The method of payment for this contract will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL, AGENCY's approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "H" shall not be exceeded, unless authorized by contract amendment. B. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment. C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. D. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT's fixed fee will be included in the monthly progress payments. if CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VT Termination. F. No payment will be made prior to approval of any work, nor for any work perfonned 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 ADMINISTRATOR) (ADDRESS) H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount). 1. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by LOCAL AGENCY's Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. Page 5 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language (Option 2 - For Cost per Unit of Work contracts, replace paragraphs A &K B of Option I with the following paragraphs A, B, and C and re -letter the remaining paragraphs. Adjust as necessary for work specific to your project. Use Exhibit 10-H, Example 43. for Cost Proposal Format) A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore. B. The specified rate to be paid for vehicle expense for CONSULTANT's field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for a fully equipped vehicle, with radio and flashing yellow light (if needed), as specified in Article II of this contract. The specified rate to be paid for equipment shall be, as listed in Attachment (Insert Attachment Number). C. The method of payment for this contract, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment -rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and contract is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph " 1," shal I 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 CONSULTANT's Cost Proposal (Attachment Number). The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. These rates are not adjustable for the perfonnance 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 perfonned under this contract is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT. E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT's Cost Proposal. F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. Page 6 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language G. When milestone cost estimates are included in tlhe approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate. H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. 1. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY, and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this contract. J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY. K. CONSULTANT will be reimbursed, as promptly as fiscal procedures will 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 tilts contract, must be reimbursed by CONSULTANT prior to the expiration or termination of this contract. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (NAME OF LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Contract. M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. N. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. O. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this contract shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders. (Option 4 - Use paragraphs _A through E below for lump sum contracts. Use Exhibit 10-H, Example 41 for Cost Proposal Format) A. The method of payment for this contract will be based on lump sum. 'The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article 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 continence 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 pen -nit, 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 tennination stated in the notice. B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any 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 Govermuents. Page 8 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY. ARTICLE VIII RETENTION OF RECORDS/AUDIT (Verbatim) For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for tlnee years from the date of final payment under the contract. The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it's certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. ARTICLE IX AUDIT REVIEW PROCEDURES (Verbatim) A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by LOCAL AGENCY'S Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract. (The followingAUDIT CLAUSE must be inserted into all contracts of $150,000 or greater) D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local Governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. (The following 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 terms 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&I. Provisional rates will be as follows: a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90% of the proposed rate. b. If the proposed rate is between 150% and 200% - the provisional rate will be 85% of the proposed rate. c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the proposed rate. 2. If Caltrans is unable to issue a cognizant letter per paragraph E.1. 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.1. above for all rendered services. In this event, this provisional ICR will become the actual and final ICR for reimbursement purposes under this contract. 4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) Caltrans approves or rejects the original or revised independent CPA -audited ICR; (2) all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3) Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICETO local agency no later than 60 days after occurrence of the last of these items. The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. ARTICLE X SUBCONTRACTING (Verbatim) A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT's obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY'S obligation to make payments to the CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by LOCAL AGENCY's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. Page 10 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY. D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. E. Any substitution of subconsultants) must be approved in writing by LOCAL AGENCY's Contract Administrator prior to the start of work by the subconsultant(s). ARTICLE XI EQUIPMENT PURCHASE (Verbatim) A. Prior authorization in writing, by LOCAL AGENCY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in CONSULTANT's Cost Proposal and exceeding $5,000 prior authorization by LOCAL AGENCY's Contract Admnistrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this contract is subject to the following: "CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY." 49 CFR, Part 18 requires a credit to Federal fiords when participating equipment with a fair market value greater than $5,000 is credited to the project. ARTICLE X11 STATE PREVAILING WAGE RATES (Verbatim) (Choose either Option I or Option 2) (Option I -For contracts where a portioii of the proposed work to be peg 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.�,,ov. Page l l 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 peifornied by crafts not affected by state labor laws or are not contemplated for use) A. The State of California's General Prevailing Wage Rates are not applicable to this contract. Note: The Federal "Payment of Predetermined Minimum Wage" applies only to federal -aid construction contracts. ARTICLE XIII CONFLICT OF INTEREST (Verbatim) A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project. CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow. B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract. (Choose either Option I or Option 2 if appropriate) (Option 1 - Useparagraphs C & D below with paragraphs A & B above. for PS&E contracts only) C. CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint -ownership, or otherwise. D. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. (Option 2 - Use paragraphs C, D & E below with paragraphs A & B above for Construction Contract Administration contracts only) C. CONSULTANT hereby certifies that neither CONSULTANT, its employees, nor any firm affiliated with CONSULTANT providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this contract. An affiliated firm is one, which is subject to the control of the same persons through joint- ownership, or otherwise. D. CONSULTANT further certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT, will bid on any construction subcontracts included within the construction contract. Additionally, CONSULTANT certifies that no person working under this contract is also employed by the construction contractor for any project included within this contract. E. Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing service on this contract shall have provided services on the design of any project included within this contract. ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION (Verbatim) CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 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: 1. No state, federal or local agency appropriated funds have been paid, or will be paid by -or -on behalf of CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. ARTICLE XVI STATEMENT OF COMPLIANCE A. CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the 5applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made apart 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 Govermrnent wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to LOCAL AGENCY. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. ARTICLE XVIII FUNDING REQUIREMENTS A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that inay affect the provisions, terms, or funding of this contract in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds. Page 14 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds. ARTICLE XIX CHANGE IN TERMS A. This contract may be amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY's Contract Administrator. C. "There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by LOCAL AGENCY's Contract Administrator. ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. The goal for DBE participation for this contract is %. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DBE Information (Exhibit 10-02) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the 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(t). 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 tliirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. 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 I or Option 2) (Option I - Use paragraphs A through C below. for all contracts without PS&E submittal) A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY's Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT. B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this contract. (Option 2 - Replace Paragraph B. above, with the, following. for contracts requiring the submission of PSc,E) Page 16 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved clairns 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 offunding 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 1 or Option 2) (Option I - for Contracts with a scope ofservices that may require the consultant or subconsultant to work within the operating state or Local Agency Highway Right of Way; where there would be exposure to public tra#c or construction operations) A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1.000,000) per occurrence. B. The Certificate of Insurance will provide: That the insurer will not cancel the insured's coverage without 30 days prior written notice to LOCAL AGENCY. 2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this contract are concerned. Page 17 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language 3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy. C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the teen of this contract, CONSULTANT agrees to provide at least thirty (30) days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the contract, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event. (Option 2 - For Contracts with a scope of services that will not require the Consultant or subconsultant to work within the operating State or LOCAL AGENCY Highway Right of TVay 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 PSc&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 EX141BIT 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 hvo) 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 terns 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 __-. .._.... _ __...__.._. ___._.._.._.__---- __ _-_. ... ADVANTEC Consulting Engineers, Inc. 1949-861-4999 Albert Grover & Associates 714-992-2990 FPL & Associates, Inc. !949-252-1688 GHD Inc 1949-585-5218 Iteris, Inc. 1949-270-9668 KOA Corporation �714-573-0317 Quantum Quality Consulting, Inc. 1310-891-3994 Rick Engineering Company 619-291-0707 ext. 1624 Stantec Consulting Services Inc. 949-923-6012 Transtech Engineers, Inc. 909-595-8599 Willclan Engineering 714-978-8200 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Transportation & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: Albert Grover & Associates OVERALL RANKING: 1 out of 11 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 90 Total Weighted Maximum Criteria Score Score Understanding of the Work to be Done 22.7 25 Experience with Similar Kinds of Work 18.3 20 Staffing 13.7 15 Capability of Developing Innovative or Advanced Techniques 7.3 10 Familiarity with State and Federal Procedures 8.7 10 Financial Responsibility 10 10 Demonstrated Technical Ability 9.3 10 Total 90 II. DUE DILIGENCE REVIEW • Clients such as City of Fullerton, Fountain Valley, Costa Mesa, and Westminster, to name a few • Albert Grover & Associates has extensive experience and appropriate staffino in citv's needed services 1011 rk Grover & Associates — Pricing' "' • Low end from $78/Hr for Engineering Aide • High end from $250/Hr for Vice President 7 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Transportation & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: ADVANTEC Consulting Engineers OVERALL RANKING: 2 out of 11 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 87.3 Total Weiahted Maximum Criteria Score Score Understanding of the Work to be Done 22 25 Experience with Similar Kinds of Work 18 20 Staffing 12.3 15 Capability of Developing Innovative or Advanced Techniques 7.3 10 Familiarity with State and Federal Procedures 8.7 10 Financial Responsibility 10 10 Demonstrated Technical Ability 9 10 Total II. DUE DILIGENCE REVIEW • Clients such as cities of Irvine, Anaheim, Newport Beach, and Seal Beach (to name a few) ADVANTE It b ' ngmeers —Summary of Review a • ADVANTEC demonstrated clear understanding of Huntington Beach city needs ADVANTEC Consulting Eir"gtnf Prying ry • Low end from $28.85/Hr for Support Staff • High end to $260/Hr for Project Director III PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Transportation & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: FPL & Associates OVERALL RANKING: 3 out of 11 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 85 FPL & Associates — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the Work to be Done 21.7 25 Experience with Similar Kinds of Work 18.3 20 Staffing 12 15 Capability of Developing Innovative or Advanced Techniques 6 10 Familiarity with State and Federal Procedures 8.3 10 Financial Responsibility 10 10 Demonstrated Technical Ability 8.7 10 Total 85 100 II. DUE DILIGENCE REVIEW • Clients such as the Cities of Huntington Beach, Irvine, Orange, and Los Angeles (to name a few) FPL & Associates — Summary of Review • FPL & Associates demonstrates high financial responsibility and has well -experienced staff for city needs. FPL & Associates — Pricing • Low end from $26.05/Hr for Technician • High end to $268.77/Hr for Principal PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Transportation & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: Vendor #4 OVERALL RANKING: 4 out of 11 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 79.3 Vendor #4 — Minimum Qualifications Review Total Weighted Criteria Score Understanding of the Work to be Done Experience with Similar Kinds of Work Staffing Capability of Developing Innovative or Advanced Techniques Familiarity with State and Federal Procedures Financial Responsibility Demonstrated Technical Ability Total II. DUE DILIGENCE REVIEW 19.3 16 11.3 5.3 9 10 8.3 Maximum Score 25 20 15 10 10 10 10 • Clients such as the City of Newport Beach, City of Mission Viejo, and City of Anaheim, to name a few. VENDOR #4 — Summary of Review • Vendor #4 had good understanding of project needs and staff has relevant experience of work to be done VENDOR #4 — Pricing • Low end from $83.24/Hr • High end to $375.25/Hr STATEMENT OF QUALIFICATIONS to provide ON -CALL TRANSPORTATION ENGINEERING SERVICES submitted to HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT JANUARY 11, 2018 submitted by ALBERT DROVER & ASOCIATES ORIGINAL I .:.sa�f gAA1Tpo�, WOO r-Fountain Valley L� Costa Mesa I r, ALBERT 1`4ROVER & ASOCIATES January 11, 2018 Mr. Jim Slobojan City of Huntington Beach Fiscal Services Division 2000 Main Street Huntington Beach, California 92648 Re: RFQ Submission for On -Call Transportation Engineering Services Dear Mr. Slobojan: Albert Grover & Associates (AGA) is pleased to respond to the City of Huntington Beach's Request for Qualifications (RFQ) dated November 28, 2017, Addendum No. 1 dated November 29, 2017, Addendum No. 2 dated December 18, 2017, and Addendum No. 3 dated December 21, 2017 to provide On -Call Transportation Engineering Services. Enclosed please find five copies of our Statement of Qualifications (SOQ) and one electronic PDF copy demonstrating AGA's capabilities to provide the services as defined in the RFQ. Our SOQ describes our team's traffic and transportation engineering expertise and experience, including our engineering and operational technical support experience for local agencies, and provides local agency references; describes the relevant experience of dedicated team members, including resumes; details our understanding of the scope of services required, and identifies key AGA staff members who will provide such services. We propose to utilize key senior staff members as managers for each anticipated task. AGA's Executive Vice President, Mr. Mark Miller, P.E., T.E., P.T.O.E., will be designated Project Manager under the proposed contract. Mr. Miller previously was the City of Pomona Traffic Engineer, has served as the City of Fullerton Contract Traffic Engineer for the past 20 years, and is also the City of San Dimas Contract Traffic Engineer. This experience serves to make him an ideal candidate to continue to head AGA's team in providing on -call transportation engineering services to Huntington Beach. We feel that the AGA team is highly qualified to complete projects as defined in the RFQ in a professional, timely, and cost effective manner. AGA's in-house staff, including both registered Civil Engineers and Registered Traffic Engineers, have worked on State and federally funded projects similar to those defined in Section 3, Scope of Work by Service Category, Subsection A, Transportation Engineering Services of the RFQ. These projects are discussed in more detail in the attached Proposal. 211 Imperial Highway, Suite 208, Fullerton, CA 92835 (714) 992-2990 FAX (714) 992-2883 E-Mail: aga@albertgrover.com Mr. Jim Slobojan January 11, 2018 Page 2 AGA presently has an on -call contract for engineering and traffic operations with the cities of Fullerton, Placentia, Victorville, San Dimas, Montclair, Long Beach, Glendora, Torrance, La Habra, Seal Beach, Buena Park, and Newport Beach, and with the County of Los Angeles and the Orange County Transportation Authority (OCTA). For many years, we provided engineering services to San Bernardino County Transportation Authority (SBCTA, formerly SANBAG), a majority of the cities in Orange, Riverside and San Bernardino Counties, and to portions of Los Angeles County on a project -specific basis. In addition to providing on -call services, AGA also operates and routinely monitors the traffic signal systems (totaling more than 300 signals) for several cities including Montclair, Highland, La Habra, Fullerton, Fountain Valley, and Seal Beach. In addition to Mr. Miller, AGA's full staff will be available as needed for City of Huntington Beach projects. All of AGA's support staff will report to Mr. Miller, who will be actively involved in the tasks comprising each individual project and/or study. It should be noted that all AGA staff members identified in our proposed project team are, and will continue to be, based at our Fullerton office. AGA looks forward to working with the City of Huntington Beach and serving as the City's traffic and transportation engineering consultant. This proposal is a firm offer for 90 days from the date of this letter, and I am authorized to make representations for AGA. All communications pertaining to this proposal, all project deliverables, and correspondence should be directed to AGA's designated project manager as follows. - Mark Miller, P.E. Albert Grover & Associates 211 Imperial Highway, Suite 208, Fullerton, California 92835 (714) 992-2990 mark@albertgrover.com If you have any questions or require amplification on any aspect of our submittal, please do not hesitate to contact me. Respectfully submitted, ALBERT GROVER & ASSOCIATES Mark Miller, P.E., T.E., PTOE Executive Vice President Propaui Huntington BeacMOn-Call Federal GrantsTroposaRTedn—A2 On -Call 2018 Letter Final.d— ALBERT GROVER & A ti(X'I ATES 11- ffic F.ngineerhigServices Vendor Application Form Pre -Qualification Form Addendum Number One Firm Qualifications ....................... Staffing......................................... Understanding and Methodology.. Project Organization Chart ........... AGA's Staff Qualifications ............. Resumes of Key Personnel CIREOVER do A"Am TABLE OF CONTENTS ........................................ ........................................ ........................................ FIGURES & TABLES ......................................... ATTACHMENT PAGE .....................9 .....................10 REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW 0 CURRENT VENDOR Legal Contractual Name of Corporation: Contact Person for Agreement: David ROsemai Corporate Mailing Address: Albert Grover & Associates 211 Imperial Highway, Suite 208 City, State and Zip Code: Fullerton, CA 902835 E-Mail Address: dave@albertgrover.com Phone: (714) 992-2990 Fax: (714) 992-2883 Contact Person for Proposals: Marl( H. Miller Title: Executive Vice President E-Mail Address: mark@albertgrover.com Business Telephone: (714) 992-2990 Is your business: (check one) ❑ NON PROFIT CORPORATION Is your business: (check one) Business Fax: (714) 992-2990 F-� FOR PROFIT CORPORATION F-_j CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION 1 of 2 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Albert L. Grover President/CEO (714) 992-2990 Mark H. Miller Secretary (714) 992-2990 Chalap K. Sadam Vice President (714) 992-2990 Federal Tax Identification Number: 33-0574555 City of Huntington Beach Business License Number: A260543 (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 1 2/31 /20 1 8 2 of 2 EXHIBIT A: PRE -QUALIFICATION FORM ON -CALL TRANSPORTATION ENGINEERING SERVICES SERVICE CATEGORY PROPOSING? Y/N (circle) A. Transportation Engineering (Yes/ No (Initial) Consultant is willing to execute the sample Agreement as drafted, including an,, othe potentially more restrictive terms and conditions as outlined in Caltrans' LAPM, Exhibit 10-R (See Appendix B). Consultant is aware the actual Agreement "MAY" differ due to Caltrans requirement. . (Initial) Consultant is able to provide the insurance as required, including an,, o�potentially more restrictive terms and conditions as outlined in Caltrans' LAPM, Exhibit 10-R (See Appendix B & C). Firm Name: Albert Grover & Associates Firm Address: 211 Imperial Highway, Suite 208, Fullerton, CA 92835 Signature: Date: s -0' 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 111h, 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 N ember 29, 2017. I Albert Grover & Associates Company Name ty -F, - 2L>c1P1 Date All bidders must acknowledge and include the receipt of this Addendum with your RFQ packages. CC1392, Addendum No. 1 Page 1 FIRM QUALIFICATIONS Albert Grover & Associates (AGA) is a California Corporation, and is a State of California Certified Small Business (SBE #39313). AGA has been providing on -call professional traffic engineering services, similar to those services listed in the Request for Qualifications (RFQ), for 25 years. Our firm qualifications, briefly amplified in the cover letter to this SOQ, provide a clear understanding that AGA is not a company that provides only labor service for client designated tasks; rather, AGA provides a high level of intellectual support to accomplish client objectives. AGA's unique blend of Civil Engineers, Traffic Engineers, and skilled technical field maintenance/monitoring personnel provides a synergy that typically results in project success beyond expectations. AGA possesses all of the necessary qualifications and experience required to successfully provide the services anticipated by the City. AGA staffs wide range of expertise is ideal to provide the City with nearly instantaneous access to any traffic/transportation area of expertise needed at any given time. We fully understand the importance to the City of dealing with the development, implementation and coordination of various traffic/transportation engineering projects, as well as dealing with projects ranging from day-to-day neighborhood parking and traffic problems to long-range planning issues. Staff of AGA have completed many tasks similar or identical to those anticipated under this contract, and have completed such tasks on time, within budget, and in a manner that meets all the requirements of the agency for which the work was completed, while at the same time placing minimal time and effort requirements on agency staff. AGA's in-house staff, including both Registered Civil Engineers and Registered Traffic Engineers, is proficient in various aspects of Transportation Engineering, including the following: • PS&E preparation for new and modified traffic signals; • Signing and striping modifications (including bikeways); • Street lighting, including photometric calculations; • Traffic signal interconnect and communication projects, including in-house staff to integrate all communications into a city's existing Traffic Management Center (TMC): • Development/review of Traffic Studies, including Traffic Impact Analyses; geometric and alignment studies; parking studies; sight distance analyses; and bicycle and pedestrian studies; • Traffic signal timing analyses utilizing SYNCHRO, including the development of local and coordination signal timing; • Preparation of traffic control and staging plans; 1 iLBERT DROVER & ASSOCIATES • Design of Traffic Management Centers; • Review of design plans prepared by others; and • Oversee the collection of traffic data by a subconsultant, as needed, for the completion of projects, or as requested by the City. AGA presently has an on -call contract for engineering and traffic operations with the City of Montclair, effective since August 1993, and ongoing contracts with the County of Los Angeles, Orange County Transportation Authority (OCTA), the Cities of Long Beach, Glendora, Torrance, La Habra, Seal Beach, and Newport Beach to provide similar services. We also provide traffic engineering services for the City of Fullerton at City Hall for 8 hours a week, for the City of Victorville at City Hall for 16 hours a week, and the City of San Dimas for 8 hours a month. We have for many years provided engineering services to San Bernardino County Transportation Authority (SBCTA, formerly SANBAG) and the vast majority of the Cities in Riverside and San Bernardino Counties, and nearly all of the cities in Orange County, and to various cities in the southern portion of Los Angeles County on a project -specific basis. In addition to providing on -call services, AGA also operates/monitors the traffic signal systems (totaling more than 300 signals) for several cities, including Montclair, Highland, La Habra, Fullerton, Fountain Valley, and Seal Beach. Our expertise in the fields of traffic engineering, transportation planning, roadway and utility design, hardware and software design, construction engineering and inspection, traffic signal operations and maintenance, and participation with Traffic Commissions, Planning Commissions, City Councils and the public enable us to accomplish all required tasks with minimal time requirements placed on the City staff. Staff of AGA have provided services similar to those required by the City of Huntington Beach to several other cities in Southern California in the past seven years and beyond. Following is a listing of those cities, the services provided, and contacts at the cities who are familiar with AGA's capabilities, personnel and work products. We urge the City of Huntington Beach to contact any/all of the listed references. ALBERT GROVER & ASSOCIATES L� CITY: FULLERTON (1998 — PRESENT) SERVICES PROVIDED: Contract traffic engineering/transportation planning services, including consultant personnel at City Hall one day a week; attending Traffic Commission/Planning Commission/City Council meetings; developing a Citywide transportation model; reviewing and/or recommending modifications to General Plan Circulation Element; conducting Citywide radar speed surveys; preparing PS&E for and overseeing construction of interconnect of signalized intersections; developing local signal timing parameters; developing parking management plans; preparing, implementing, and fine-tuning coordination timing plans; designing/modifying traffic signal installations, including conversion to protected/permissive left turn operations; conducting neighborhood traffic studies; attending neighborhood meetings; preparing/checking traffic control plans; conducting/reviewing traffic impact studies; providing guidelines to developers and other consultants for traffic impact studies; conducting capacity and level of service analyses; and providing various other as -needed transportation and traffic engineering services. PROJECT MANAGER: Mr. Mark Miller KEY PERSONNEL: Mr. Chalap Sadam, Mr. Greg Wong, Mr. Leo Grimes. Mr, Roland Hizon CONTACT: Mr. Don Hoppe, Director of Public Works, (714) 738-6864, dhoppe@cityoffullerton.com CITY: FOUNTAIN VALLEY (2006 — PRESENT) SERVICES PROVIDED: Traffic signal system monitoring, including minor signal timing adjustments related to existing signal coordination and operating the City's signal control system via remote login from our office or manually in the field. AGA also analyzed and responded to traffic related complaints from City residents. PROJECT MANAGER: Mr. Mark Miller KEY PERSONNEL: Mr. Chalap Sadam, Mr. Greg Wong, Mr. Leo Grimes CONTACT: Mr. Mark Lewis, Director of Public Works, (714) 593-4434, mark.lewis@fountainvalley.org CITY: SAN DIMAS (2014— PRESENT) SERVICES PROVIDED: On -Call Traffic Engineering Services including regular consultant staff presence at City Hall. AGA's multiple project tasks include roadway signing/striping, signal design and/or modification, traffic related analysis and recommendations to the proposed Metro Gold Line light rail extension, and roundabout intersections, among others. PROJECT MANAGER: Mr. Mark Miller KEY PERSONNEL: Mr. Greg Wong, Mr. Ruben Perales CONTACT: Mr. Krishna Patel, Director of Public Works, (909) 394-6245, kpatel@ci.san-dimas.ca.us ALBERT ROVER & ASSOCIATES '�i_ � LL1-i HLNTIN TON BTACH In addition to the above listed specific projects, AGA has provided similar services requested by the City of Huntington Beach to many agencies in the Counties of Los Angeles, Orange and San Bernardino. Example of these are discussed in further detail below. AGENCY: FOUNTAIN VALLEY AND PLACENTIA (2017 — PRESENT) SERVICES PROVIDED: Systemic Safety Analysis Report Program (SSARPI AGA is in contract with various agencies to implement the Systemic Safety Analysis Report Program to analyze and identify high -risk roadway characteristics on each respective Citywide roadway network. The State -developed project is part of, and funded by the California Local Highway Safety Improvement Program (HSIP). PROJECT MANAGER: Mr. Mark Miller KEY PERSONNEL: Mr. Chalap Sadam, Mr. Greg Wong, Mr. Roland Hizon AGENCY: LA COUNTY DEPARTMENT OF PUBLIC WORKS (2002 — PRESENT) SERVICES PROVIDED: Traffic Signal Synchronization Projects (TSSP) The objective of the projects is to upgrade various traffic signals for the development of a synchronized traffic signal system to specified agency standards, which are generally defined in the California Manual of Uniform Traffic Control Devices (CA-MUTCD), so that each signalized intersection will be fully traffic actuated. The work involved in the projects include detail field inventory of each study intersection, evaluation of traffic signal detection (inductive loop and video), coordination with utility companies, recommended improvements (traffic operations and signal design), development of traffic signal modification plans, development of signing and striping plans, development of traffic control plans, and assist County staff in the cost estimates for the proposed improvements. The following projects are past and current Los Angeles County traffic signal design projects which involved 149 intersections. - Artesia Boulevard TSSP (18 Intersections) - Wilmington Avenue TSSP (32 Intersections) - Vincent Avenue/Glendora Avenue/Hacienda Boulevard TSSP (22 Intersections) - Studebaker Road TSSP (17 Intersections) - San Gabriel Boulevard/Paramount Boulevard TSSP (19 Intersections) - Slauson Avenue & Stocker Street TSSP (11 Intersections) - Current Project — Valley Boulevard/Holt Avenue TSSP (30 Intersections) PROJECT MANAGER: Mr. Greg Wong KEY PERSONNEL: Mr. Ruben Perales, Mr. Ignacio Sanchez, Mr. Roland Hizon ALBERT ROVER & ASSOCIATESPage J Y H"TIMCT¢y 014CH AGENCY: ORANGE COUNTY TRANSPORTATION AUTHORITY (2006 — PRESENT) SERVICES PROVIDED: Regional Traffic Signal Synchronization Protects (RTSSP) AGA is under contract to OCTA to provide professional design and implementation services for traffic signal synchronization projects across Orange County. AGA has completed five Regional Traffic Signal Synchronization Program (RTSSP) corridor projects over the last five years and will be completing our sixth corridor project within the next 90 days. No other consultant has successfully synchronized more traffic signals for OCTA than AGA. Each RTSSP project involves the design of signal interconnect/communication and control systems; construction management; system integration; development, implementation, and fine-tuning of coordination traffic signal timing plans; monitoring and maintenance of timing plans; and a preparation of a final report identifying the work performed, benefits achieved, and recommendations for future improvements. PROJECT MANAGER: Mr. Chalap Sadam r__KEY PERSONNEL: Mr. Greg Wong, Mr. Ruben Perales, Mr. Ignacio Sanchez, Mr. Roland Hizon AGENCY: SAN BERNARDINO COUNTY (2000 — 2017) SERVICES PROVIDED: Under contract with the San Bernardino County Transportation Authority (SBCTA, formerly SANBAG), AGA developed a master plan outlining traffic signal communications and timing needs along major arterials across the San Bernardino Valley. The plan encompasses 650 traffic signals operated by Caltrans, the County, and fifteen cities. AGA has been continuously under contract to SBCTA for more than fifteen years tasked with preparing plans, specifications, and estimates for various interconnect projects across the valley and the development, implementation, and fine-tuning of hundreds of traffic signal synchronization timing plans for morning and afternoon peak period traffic as well as timing plans to address light traffic, or mid- day, periods. Over the past five years, AGA has received and completed over fifty traffic signal synchronization project task orders from SBCTA. Most recently, AGA was awarded a new project to develop traffic signal coordination timing plans for approximately fifty traffic signals along Haven Ave and Milliken Ave in Rancho Cucamonga. PROJECT MANAGER: Mr. Chalap Sadam KEY PERSONNEL: Mr. Greg Wong, Mr. Ruben Perales, Mr. Ignacio Sanchez, Mr. Roland Hizon ALBERT GROVER & ASSOCIATES J. '7. WATINGTON FFACH CITY: CITIES OF HUNTINGTON BEACH, FOUNTAIN VALLEY, WESTMINSTER & COSTA MESA (2017 — PRESENT) SERVICES PROVIDED: 1-405 Freeway Improvement Project Assist the respective Cities in the review and assessment of the traffic related impacts resulting from the construction of the 1-405 Improvement Project. AGA is tasked to review the Traffic Management Plan, Stage Construction and Traffic Handling Plan for the Cities of Huntington Beach, Fountain Valley, Westminster and Costa Mesa. The tasks are to evaluate the appropriate traffic signal operational improvements, signing and striping plans, traffic control plans, traffic detour plans and signal timing modifications to minimize traffic impacts associated with the short- term and long-term roadway closures during the various construction phases of the project. Traffic system monitoring will be conducted as construction begins in early 2018. PROJECT MANAGER: Mr. Chalap Sadam KEY PERSONNEL: Mr. Greg Wong, Mr, Ruben Perales, Mr. Ignacio Sanchez, Mr. Roland Hizon, Mr. David Roseman, and Mr. Mark Miller AGA has been providing on -call as needed services to the City of Huntington Beach since 2005. AGA's recent experience with multiple projects in the City of Huntington Beach has provided us with vast knowledge of the City's traffic signal system and City requirements. We recently completed a major corridor project (Adams Avenue Regional Traffic Signal Synchronization Program) that provided the City with an expanded fiber optic communications backbone and new optimized coordination signal timing, along with new traffic signal and communication field equipment. AGA also assisted the City in the intersection improvements project for Adams Avenue and Brookhurst Street. Additionally, AGA worked with the City on past projects to design/modify traffic signals plans, prepare traffic signal priority lists, design "In Roadway Warning Lights" plans, conduct speed surveys, prepare traffic control plans, prepare Capacity Augmentation Studies, fiber optic communications, and addressing neighborhood traffic issues. STAFFING We propose to utilize key senior staff members as managers for each anticipated task. AGA's Executive Vice President, Mr. Mark Miller, P.E., T.E., P.T.O.E., will be designated Project Manager. Mr. David Roseman, T.E., Principal Transportation Engineer, will provide project oversight and quality assurance/quality control for all work products. Mr. Chalap Sadam, P.E., T.E., Vice President, will provide project support for all Signal Timing and Transportation Planning Issues; Mr. Greg Wong, P.E., Senior Transportation Engineer, will provide project support for all School and Neighborhood Issues; and Mr. ALBERT GROVER & ASSOCIATESPage 6 Traffic Engineering Services Ignacio Sanchez, P.E., T.E., P.T.O.E., Senior Design Engineer, will provide Design and Construction project support. Mr. Mark Miller, P.E., T.E., PTOE, Executive Vice President, will be the overall Project Manager for all projects and, as such, will be responsible for coordination with the City appointed Project Manager. Mr. Miller will be the supervisor/administrator who will be responsible for delivery of services in accordance with the established Scope of Services for each project. Mr. Miller is a registered Civil and Traffic Engineer, as well as a certified Professional Traffic Operations Engineer (PTOE) with more than 38 years' experience. He has completed numerous traffic and transportation engineering projects and studies ranging from traffic signal and striping designs to review of traffic impact studies to speed zone surveys to warrant analysis for removal of midblock crosswalks, and has made many presentations to Traffic and Planning Commissions and City Councils. Mr. Miller's extensive operational experience includes actually operating the City of Fullerton and La Habra's traffic control systems from AGA's offices in Fullerton. As is the case with the vast majority of AGA's senior staff, Mr. Miller also has prior public agency experience. While employed as City Traffic Engineer for the City of Pomona, Mr. Miller was responsible for a $3,000,000 operations and capital improvement budget and managed 14 subordinates in the traffic engineering division. His responsibility included preparation of the traffic and transportation engineering budget, street light assessment districts and parking districts. He was responsible for the maintenance of over 120 traffic signals, 8,000 street lights and over 300 miles of pavement markings and signing and made numerous presentations to commissions, councils and neighborhood groups. Mr. Miller also is a fifteen -year member and Past President of the City Traffic Engineers Association (CTE). While with that organization, one of his key accomplishments was conducting workshops for various Traffic Commissions and Planning Commissioners from throughout Southern California to educate them on various aspects of traffic engineering. Mr. Miller has extensive experience in the evaluation, design, and operation of traffic signals, including Flashing Yellow Arrow (FYA) protective permissive left turns (PPLT) phasing. He has served as Project Manager for all of AGA's FYA projects, including the first installation of its kind in Southern California, located in the City of Fullerton. In addition, his present Contract Traffic Engineer responsibilities with various agencies include conducting a wide assortment of tasks very similar to those anticipated in Huntington Beach. Mr. David Roseman, T.E., Principal Transportation Engineer, will provide project oversight and quality assurance/quality control for all work products. He has nearly 30 years' experience in all aspects of Traffic and Transportation Engineering, from traffic signal design to street design to bicycle/pedestrian facilities. He has worked mainly in the public sector and has been very successful at public outreach, both ALBERT DROVER & ASSO_ C_ IAT Traffic Engineering Services I lop through committees/councils and direct communication with citizens. He has supervised staff involved in several major transportation projects, as well as the development and execution of special event traffic plans in the City of Los Angeles. Mr. Chalap Sadam, P.E., T.E., Vice President, will be responsible for all Signal Timing and Transportation Planning Issues. He has more than 28 years' experience in transportation engineering/transportation planning. During that time, he has conducted over 50 traffic impact studies for projects varying from major shopping centers to enterprise zones to large scale trucking projects. He is very familiar with the CMPs adopted by Los Angeles County and Orange County, and was extensively involved in previous transportation planning forecasting and modeling for various projects. He was AGA's Project Manager for joint Costa Mesa/Huntington Beach, Fountain Valley/Huntington Beach, and Costa Mesa/Santa Ana coordination timing projects; for citywide signal timing projects in the Cities of La Habra, Fullerton, Fountain Valley, and Santa Ana; for the San Bernardino Valley Coordinated Traffic Signal System Project; and for various projects conducted by AGA for OCTA, including the Euclid Street Traffic Signal Synchronization Demonstration Project, and the subsequent six corridor projects. Mr. Greg Wong, P.E., Senior Transportation Engineer, will be responsible for all School and Neighborhood Issues. He has over 20 years of experience working on transportation and traffic engineering in both the public and private sectors. His experience includes traffic signal timing, transportation planning, transportation safety studies, parking studies and traffic impact study preparation. Mr. Wong has been responsible in addressing safety related resident complaints for various Cities including La Habra, Fountain Valley, and Fullerton, among others. He has monitored the Safe Route to School program for the Los Angeles County Public Works Department which included diverting and controlling the flow of cut -through traffic from residential areas onto arterial roadways. Mr. Ignacio Sanchez, P.E., T.E., PTOE, Senior Design Engineer, will be responsible for preparation of PS&E for all projects; for submittal of plans to the City for review/comment; and for revisions to the PS&E in response to those comments. Mr. Sanchez has designed and/or modified hundreds of traffic signal plans and has prepared hundreds of signing/striping plans and interconnect plans for installations throughout Southern California. His duties at AGA include coordination timing plan development, CAD design, Construction Management, field topo and preparation of engineers cost estimates on projects relative to traffic signals, signing & striping, street lighting and conceptual improvement plans. Mr. Sanchez has prepared plans for both Caltrans and other government agencies such as the County of Los Angeles, City of Fullerton, and City of La Habra, and for private developers such as Home Depot, Sav-On, etc. He ALBERT GA SSOECIATES " _ recently worked on projects for OCTA as Design Task Manager for the Adams Avenue and Antonio Parkway RTSSP projects. Mr. Sanchez recently completed the design of several major traffic signal improvement projects which included 46 signals and 8 miles of fiber optic communications along Imperial Highway (SR-90), 9 miles along Malvern Avenue/Chapman Avenue, and 5.5 miles along Alicia Parking in Orange County. Additionally, AGA's entire staff will be available to provide specific required services vis-a-vis each individual's expertise, thereby optimizing the services provided in an expeditious and economic manner. This is graphically displayed on the Project Organization Chart in and summarized in AGA's Staff Qualifications table. Full resumes for key staff are attached for reference. PROJECT ORGANIZATION CHART ON -CALL TRAFFIC ENGINEERING SERVICES l=,-- CITY OF HUNTINGTON BEACH I Bob Stachelski I Transportation Manager ALBERT GROVER & ASSOCIATES Mark Miller, P.E., T.E., PTOE Project Manager Chalap Sadam, P.E., T.E. Greg Wong, P.E. Signal Timing and Transportation Planning Issues School and Neighborhood Issues David Chen, P.E. Design Engineer Andrew Luna, E.I.T. Senior Associate I Yolanda Cervantes, E.I.T. I Associate Engineer ALBERT DROVER & ASSOCIATES I Felipe Ortega I Advanced System Integrator Leo Grimes Sr Signal System Specialist Phillip Fuentes Signal System Specialist Roland Hizon, E.I.T. Transportation Engineer j Jessica Espinoza, E.I.T. I Associate Engineer Emilio Murga, E.I.T. I Associate Engineer David Roseman, T.E Quality Assurance Quality Control Ignacio Sanchez, P.E., T.E., PTOE Design and Construction Ruben Perales, P.E., T.E. Senior Design Engineer Elias Garcia, E.i.T. Associate Engineer Kawai Mang, El.T. Associate Engineer AGA's Staff Qualifications Name Certification/ Years of Years with Reqistration Experience AGA Education Training Position Project Assignment P.E., Civil #40956 Mark Miller P.E., Traffic #1575 44 25 BS-Civil, 1974 Executive Vice President Project Manager P.T.O.E. #233 P.E., Trafic#1585 David Roseman 31 3 BS-Civil. 1988 W............. .. - Principal Transportation Engineer ....... Quality Assurance/Quality ...._......... _......... Control Chalap Sadam P.E., Civil#74080 P. E., Trafic#1813 28 25 .. .... MS -Civil, 1990 MBA, 2002 Vice President Task Manager Signal Tirring/Transportation Planning Issues David Chen P.E., Civil #71656 20 16 MS-Civil,1999 Desgn Engineer Signal Timing/Transportaton Planning Issues Andrew Luna E.I.T. # 156851 3 3 BS-Civil, 2016 Associate Engineer Signal Timing/Transportaion ....-_............. .............. ........................... ....-. _._........—........._.._.. Planning Issues ......... ..................................... ............... _•___..... Yolanda Cervantes E.I.T. # 162276 4 3 BS-Civil, 2016 Associate Engineer Signal Tinning/Transportation ........... ......._..__........ _.............. _ .-_..._ ......_.__...... Planning Issues ..._ ._._ . ........................ _ Felipe Ortega Level 3-Signal Technician 23 10 Signal Technician Level 3 Advanced System Inlogralar Signal Timing/Transportation -_-- Planning Issues Leo Grimes Level 3-Signal Technician 28 18 Signal Technician Level 3 Senior Signal System Specialist Signal Timng/Transportaton Planning Issues Phillip Fuentes C-10 License 29 11 Signal Technician Level 2 Signal System Specialist Signal Timing/Transportafon .................... ... .................. ... ........ _........ _.... ......-...-.._..............._ ......._...... ............ .............................................................................. Greg Wong P.E., Civil #64349 22 17 BS-Civil, 1996 Senior Transportation Engineer Task Manager SchooUNei hborhood Issues ......... ---- ____..... Roland Hizon E.I.T. #XE095497 29 13 BS-Civil, 1982 Transportation Engineer School/Neighborhood Issues Jessica Espinoza E.I.T. #160008 3 3 BS-Civil, 2016 Associate Engineer School/Neghborhood Issues Ernilio Murga ........................................... E.I.T. #162881 1 1 BS-Civt, 2018 AssociaM Engineer ..................... School/Neighborhood Issues .................................................................. P.E., Civil #72073 ..................................... ................................... ............................................. ............................ _.......... ._.... _....................................... ........................... ...... ................................................ ............................... Ignacio Sanchez H. P.E., Traffic #2344 27 13 BS-Civil 1986 Senior Design Engineer Task Manager P.T.O.E. #2457 Design and Construction Ruben Perales P.E., Civil #83169 P.E., Trafic#2838 15 13 BS-Civil, 2004 Senior Design Engineer Design and Constucion Elias Garcia E.I.T. #154726 5 5 BS-Civil, 2015 Associate Engineer Design and Construction Kawai Mang E.I.T. # 153235 4 4 BS-Civil, 2013 Associate Engineer ......__.-------- _......... _ Design and Construction i. Y NIMTINGTON OWN UNDERSTANDING AND METHODOLOGY AGA staffs wide range of expertise is ideal to provide the City with nearly instantaneous access to any traffic/transportation/parking area of expertise needed at any given time. AGA's approach to providing traffic engineering services to Huntington Beach involves far more than simply providing contract labor on an hourly basis. We consider it our function to serve as an extension of City staff, as well as expert advisors to staff, forming an integrated team to creatively provide solutions to traffic engineering and transportation planning problems. The key aspect of our approach is that we will utilize our staffs extensive expertise and experience, acquired via providing similar consulting services to a wide range of Cities and via previous service as full time City Traffic Engineers, including Mr. Miller's experience in Pasadena, Pomona, Fullerton, Placentia and San Dimas and Mr. Roseman's experience in Long Beach and with LADOT, to creatively solve City traffic engineering and transportation planning problems. This unique experience in viewing problems "from both sides of the fence" will greatly enhance our ability to serve the City of Huntington Beach. In addition to Mr. Miller's and Mr. Roseman's experiences, AGA also developed a Quality Assurance/Quality Control Policy that applies to all deliverables leaving our office. A copy of AGA's QA/QC policy is available upon request. A key element of Huntington Beach's On -Call Transportation Engineering Services is the potential involvement of Federal and/or State Funding. AGA has previously worked on projects involving both federal and State funding. We are familiar with provisions of the Caltrans Local Assistance Procedures Manual (LAPM). For projects funded through Federal or State resources, AGA will provide the necessary technical assistance to the City of Huntington Beach to ensure compliance with the appropriate funding guidelines. We feel that our experience, our expertise, and most importantly, our creativity is what makes us very qualified to serve the City. We know how to listen open-mindedly to both City staff and the public; how to develop alternative solutions to various problems; and how to differentiate cost-effective from cheap. Our ability to develop viable alternative solutions has been instrumental in reaching consensus on controversial issues. Another key factor in providing services to the City of Huntington Beach is to continue to stay attuned to both the overall direction and the specific requirements of the City staff, various Commissions, and the City Council. Because of our extensive experience in previously providing similar services to other Cities, and our staffs knowledge of current traffic engineering considerations via our attendance and presentations at regional (such as the Institute of Transportation Engineers [ITE] and the City Traffic AL.BERT GAs° oCiATES -� _ Traffic Engineering Services Engineers [CTE]) and national (such as Transportation Research Board [TRB] and ITE) forums, we are in the mainstream of state-of-the-art traffic engineering approaches and methodologies. By combining this knowledge, we can optimize the service provided to the City. Our knowledge of, and sensitivity to, public needs and concerns, combined with our real world (as opposed to textbook) approach to safety issues, will ensure that real world alternative solutions to specific problems can be achieved while at the same time compromising neither safety nor public needs and desires. Our staffs extensive experience as City Traffic Engineers has been invaluable in helping us provide service to local agencies. Understanding basic concerns and constraints as viewed from the City's perspective is a key qualification. We have long represented Montclair, La Habra and Fullerton at various State and Regional Transportation functions, meetings, workshops, seminars, etc., and have helped establish both operational and CIP budgets for these and other Cities. Additionally, AGA professional engineers have served on the Caltrans District 8/Consulting Professional Engineers Liaison Committee, and as a member of the Transportation Research Board's Highway Capacity Committee, established the framework for the HCM2010 — a completely new Highway Capacity Manual. Staying abreast of State and Federal issues is often a key component of developing local programs, policies, and procedures. Our experience in completing small-scale traffic engineering projects ensures that such projects can be completed on time and within budget with minimal demands placed upon City staff. Because we are a successful consulting firm with extensive experience in all phases of traffic engineering, we are highly qualified to provide this service. Our goal as the City Traffic Engineer is to provide the City with quality service at a fair and reasonable cost. AGA staff are well respected in the traffic and transportation industry for their knowledge and expertise in providing outside -the -box innovation yet also cost-effective solutions to problems faced by many public agencies. Additionally, AGA staff are adept at building consensus with various partners and can leverage their extensive relationships with the County, OCTA, Caltrans, and neighboring cities for success completion of multi -agency projects. ALHERT DROVER & ASSOCIATES,Page ATTACHMENT Resumes of Key Personnel ALBERT �ROVER & AsOcIATFS EDUCATION BS Civil/Traffic Engineering California Polytechnic University Pomona,1974 Northwestern University Evanston, Illinois Traffic & Transportation Engineering Highway Capacity Workshop Institute of Transportation Studies Safety Design and Operational Practices for Streets and Highways (FHWA) Traffic Signal Equipment & Operations Urban Street Design Public Works Inspections Legal Aspects and Liabilities Risk Management & Traffic Safety PROFESSIONAL ASSOCIATIONS American Public Works Association American Society of Civil Engineers City Traffic Engineers Association Institute of Transportation Engineers Orange County Traffic Engineering Council American League of Cyclists PROFESSIONAL REGISTRATION Registered Civil Engineer in California CE #40956 Registered Traffic Engineer in California TE #1575 Professional Traffic Operations Engineer PTOE #233 MARK H. MILLER, P. E. EXECUTIVE VICE PRESIDENT PROFESSIONAL EXPERIENCE Mr. Miller joined Albert Grover & Associates in 1993 as Vice President, and provides the firm extensive experience in all phases of ITS design, signal interconnect and coordination plans, CCTV installations, traffic signal/signal system design, and street lighting evaluation and design. Mr. Miller began his consulting career with Mohle, Grover & Associates in January, 1990, as a senior engineer to provide professional traffic engineering and operations services. He is a registered Civil Engineer, Traffic Engineer, and Professional Traffic Operations Engineer with over thirty-five years' experience. This includes more than fifteen years serving as a City Traffic Engineer. Mr. Miller has managed many ITS, traffic signal and street light system projects. He has developed and implemented design standards, specifications and cost estimates for traffic signals, interconnect projects, CCTV projects, and street light projects. He also has experience in preparing traffic signal coordination and timing plans. Additionally, Mr. Miller has provided expert witness testimony on a variety of issues. He has served as both a member and the Chairman of the City Traffic Engineers Association (CTE) and, as such, has been instrumental in conducting workshops to educate Traffic Commissioners and Planning Commission from Cities throughout Southern California on various aspects of traffic engineering. Mr. Miller has provided on call as -needed traffic engineering services to the Cities of Cerritos, La Habra, Montclair, San Dimas, Torrance, and Victorville, and is serving as the Contract City Traffic Engineer for the Cities of Fullerton (since 1998) and Placentia. While employed as City Traffic Engineer for the City of Pomona, he was responsible for a $3,000,000 operations and capital improvement budget, and managed 14 subordinates in the traffic engineering division. Mr. Miller has "hands on" experience with programming all models of traffic signal controllers. He has developed numerous traffic signal coordination and timing plans for use with a wide variety of central control and local controller software. His experience also includes four years with the City of Pasadena as an Assistant Engineer in Traffic. He was responsible for the preparation Mr. Mark H. Miller, P.E. Page 2 and review of major transportation studies. He also assisted in the preparation and implementation of the Rose Bowl Major Event Traffic and Parking Study, Madison Heights/Oakknoll Neighborhood Traffic Study, various bikeway studies, traffic control device inventories and traffic safety studies. He also developed a traffic accident recording system. From 1979 to 1982, Mr. Miller was a Civil Engineer with the Illinois Department of Transportation. During this time, he worked in the Bureau of Traffic and the Bureau of Bridges. He was responsible for establishing policies and contracts for maintenance of major interstate signing projects. He also managed various statewide hazard elimination safety projects. He was responsible for developing traffic signing and pavement marking standards for the Illinois Manual of Traffic Control Devices. Mr. Miller's engineering experience began when he was an Engineering Assistant in the City of San Dimas, California, for two years. He was involved with the preparation and review and inspection of municipal street improvement projects. He managed a variety of pavement maintenance projects from major street reconstruction to slurry sealing. He performed various traffic engineering functions such as speed surveys, school zone signing, and signing and striping projects, in addition to a wide array of street lighting projects. The following is a brief listing of specific consulting projects for which Mr. Miller has been responsible: ❖ Certification testing of various electronic equipment. ❖ Interconnect Analysis, Design and Coordination - Cities of Bakersfield, Cerritos, Chino, Colton, La Habra, Lancaster, Loma Linda, Montclair, Palm Springs, Pomona, Rialto, San Bernardino, Santa Clarita, Temecula, Upland, and Visalia. ❖ Multijurisdictional Traffic Signal Synchronization - S.C.A.Q.M.D and Orange County Growth Management Area No. 6. ❖ Various Traffic Signal Design, CCTV, Striping & Street Light Design Projects for Cities, Counties, and State. ❖ Montclair Plaza Traffic Operations Study - City of Montclair. ❖ Roadway Signal Improvements - Cities of Cerritos, Chino, Claremont, Cypress, Ontario, and Upland. ❖ Congestion Management Plan - City of Santa Ana. ❖ Bridge Design and Load Limit Determination, Statewide, State of Illinois. ❖ Annual Statewide Interstate Maintenance Signing Project, State of Illinois. ❖ Statewide Hazard Elimination Project for Narrow Bridges, State of Illinois. ❖ Identification of High Accident Locations - Cities of Downey, Inglewood and Pomona. ❖ Annual Citywide Pavement Maintenance Projects - City of San Dimas. ❖ Computerized Traffic Accident Record System - City of Pasadena. ❖ Annual Monitoring of Traffic Signal Timing - Cities of Colton, Fullerton, Loma Linda, Montclair, Palm Springs and Rialto. AI RFRT GF. ROVR h ASCWIA"ItS Mr. Mark H. Miller, P.E. Page 3 ee Speed Zone Surveys - Cities of Baldwin Park, Buena Park, Cathedral City, Cerritos, Chino, Cypress, Fountain Valley, Fullerton, Gardena, Hawthorne, Hermosa Beach, Huntington Park, La Habra, Lancaster, Long Beach, Norco, Ontario, Palm Springs, Pomona, San Dimas, San Marino, Santa Ana, Santa Clarita, Santa Fe Springs, Santa Monica, Torrance, and Yucaipa; California State Universities of Fullerton, Long Beach, and Los Angeles; and Antelope Valley Community College. ❖ School Safety Studies and Development of Safe Route to School Programs. PAPERS/PRESENTATIONS "Strategies to Recapture Lost Arterial Traffic Carrying Capacities." Presented by Mark Miller at the ITE Annual Conference, Rapid City, South Dakota "Three Year Experience with Flashing Yellow Arrow Display" Presented at ITE Annual Conference, Anaheim, California "Effectively Slowing Drivers - Speed Feedback Signs" Presented at ITE District 6 Annual Meeting, Honolulu, Hawaii "School Area Traffic Safety" Presented at City Traffic Engineers Traffic Commissioners Workshop "Quantifications of Air Quality Benefits Achieved Through Traffic Signal Coordination" Presented at ITE District 6 Annual Meeting, Salt Lake City, Utah "A Successful Multijurisdictional Traffic Signal Coordination Project" Presented at ITE Annual Conference, Dana Point, California "Minimize Delay Maximize Progression with Protected Permissive Lead/Lag Phasing" Presented at ITE Inland Empire Section Technical Workshop "Microwave Traffic Signal Interconnect - A Viable Alternative to Land Lines" Presented at ITE District 6 Annual Meeting, Portland, Oregon (Best Paper Award) A, i:t GIN 1\ 1 H n W-1 I,II , ALBERT f"'! ROVER & A`IATES EDUCATION BS Civil Engineering California State University Long Beach, CA 1988 Transportation Demand Management University of California Los Angeles Public Policy Department 1988 PROFESSIONAL ASSOCIATIONS American Society of Civil Engineers Institute of Transportation Engineers DAVID ROSEMAN, T. E. PRINCIPAL TRANSPORTATION ENGINEER PROFESSIONAL EXPERIENCE As the Principal Transportation Engineer for Albert Grover & Associates, Mr. Roseman oversees business development and client relations, and provides expert witness services. In addition, as a project manager for multiple jurisdictions, he oversees staff working on traffic and transportation projects across Southern California, including but not limited to, traffic calming projects, alternative transportation mode projects, speed surveys, traffic signal and geometric design, and transportation planning studies. Prior to joining AGA, Mr. Roseman was the top transportation official for the City of Long Beach for 13 years. He oversaw all aspects of transportation, traffic and parking in the City including, but not limited to, traffic control device placement, traffic signal design and operations, geometric street design, work area traffic control plans, transportation improvement projects, traffic calming, bicycle and pedestrian facilities, on - street parking regulations, interagency coordination, development review and coordination, oversight of transportation grants and funds, oversized and overweight truck permitting, and operation and management of City owned off-street parking facilities. He regularly attended City Council, Planning Commission, neighborhood, and other agency meetings, and was the City Representative on the Board of Directors for Long Beach Transit and the City's Pedestrian Safety Advisory Committee. Mr. Roseman was responsible for the implementation of the nation's first multi -agency (seven jurisdictions) traffic control system; implementation of various innovative bicycle facilities from separated bike lanes to cycle tracks to bike boxes; implementation of the Anaheim Transportation Enhancement Project which provides enhanced transit stops and transit priority for buses; and the implementation of several innovative traffic signal operation projects from countdown pedestrian indications, to specialized programing to reduce speeding in neighborhoods, to flashing yellow arrow operations to improve mobility and address elevated accident rates. Mr. Roseman was also employed by the City of Los Angeles Department of Transportation (LADOT) for 14 years, where he directed and supervised a staff of engineers and planners in the development and implementation of fifteen major transportation improvement projects; managed the Department's special event program; was project engineer for the multi -agency Santa Monica Freeway Smart Corridor Project; managed development and implementation of intelligent transportation systems and motorist information projects; prepared designs, specifications, and estimates for advanced traffic control and communications systems; directed the design and implementation of a multi -agency network of workstations and expert systems Mr. David Roseman, T.E. Page 2 for traffic control; local, state and federal officials as well as the print and television media; and responded to complaints and service requests; reviewed geometric and traffic signal plans; inspected field installations; and attended community meetings. As a result of the successful development and implementation of the transportation plan for the 2000 Democratic National Convention, Mr. Roseman was formally recognized by a number of federal, state, and local politicians and agencies. The highest honor was receiving a Certificate of Appreciation from the Director of the United States Secret Service for contributions to the fulfillment of their protective responsibilities. As a member of LADOT's "Traffic Action Team" responding to the Northridge Earthquake, Mr. Roseman was assigned responsibility for all traffic operations in the northeast San Fernando Valley. He was responsible for directing repair crews, assigning Traffic Officers, developing detours, installing and modifying traffic control devices, and coordinating response efforts with Caltrans, the California Highway Patrol, County of Los Angeles Department of Public Works, the County Sheriff, City of San Fernando, and numerous other City agencies. Quick response efforts were critical to restoring mobility and led to numerous state and national Department recognitions and awards. EDUCATIONAL ACTIVITIES California State University, Long Beach Member of the Civil Engineering Advisory and Development Council: 2008 - present Lecturer: CE 429/CE 429L Traffic Engineering: 2012 - present California Polytechnic State University, San Luis Obispo Guest Lecturer Georgia Institute of Technology Guest Lecturer PAPERS/PRESENTATIONS "Vanpool Pricing and Market Penetration" Transportation Research Board 68th Annual Meeting "Automated Arterial Incident Detection Santa Monica Freeway Smart Corridor" Institute of Transportation Engineers 65th Annual Meeting "Incident Manager Control Concept Multi -Agency Coordinated Traffic Management" Institute of Transportation Engineers 64th Annual Meeting "Operational Multi -Agency Traffic Management and Expert System" Intelligent Transportation Society of America 7th Annual Meeting "Long Beach Area -Wide Adaptive Traffic Control System (Douglas Park)" 18th World Congress on Intelligent Transport Systems A, ,,i G`>\ 'Ilk ALBERT GROVER & N�SQCIATF ti EDUCATION Master of Business Administration University of Southern California Los Angeles, 2002 Master of Science, Civil Engineering (Transportation) Virginia Polytechnic Institute & State University, Virginia 1990 Bachelor of Engineering, Civil Engineering Jawaharlal Nehru Technological University India, 1988 PROFESSIONAL ASSOCIATIONS American Society of Civil Engineers Institute of Transportation Engineers Intelligent Transportation Systems Council Transportation Planners Council Southwestern Region Transportation Model Users' Group The Urban and Regional Information Systems Association CHALAP K. SADAM, P.E. VICE PRESIDENT PROFESSIONAL EXPERIENCE Mr. Sadam joined Albert Grover & Associates in 1993 as a Transportation Engineer, and provides expertise in the preparation of traffic impact studies, development of transportation planning models to evaluate long range impacts, development of signal coordination master plans, preparation of traffic signal coordination timing plans, design and operation of traffic signal systems, design of intersection improvement plans, traffic signal interconnect plans and Intelligent Transportation System (ITS) plans, traffic accident analysis and recommendation of mitigation measures, and the preparation of freeway interchange feasibility studies and Major Investment Studies (MIS). Mr. Sadam has completed numerous traffic impact and transportation planning studies in Southern California. Mr. Sadam's additional experience includes the development of traffic circulation studies and corridor studies, signal synchronization feasibility studies, parking feasibility studies, street lighting master plans, speed studies, traffic engineering software development and project management. Computer skills include experience in the usage of transportation planning and traffic engineering software such as Synchro, Tranplan, Transyt-717, Passer -II, Passer -IV, HCS and WEBSTER. Mr. Sadam is also familiar with relational database management systems and has used Microsoft Access and Oracle databases along with programming languages such as Visual Basic and C/C++. His expertise includes experience and education in Geographical Information Systems (GIS), and he has extensively used GIS software and applications. Mr. Sadam was instrumental in the development of a microscopic air quality emissions model to quantify the reduction in pollution due to traffic signal coordination. Mr. Sadam was also responsible for the development of AGA's Time -Space Diagram routine using Autolisp in AutoCAD. Additionally, Mr. Sadam developed a computer program based on NCHRP-255 procedures, which predicts future turning movements using link volumes from transportation planning models. Prior to joining AGA, Mr. Sadam was a Transportation Engineer with Mohle, Grover & Associates for four years. Mr. Chalap K. Sadam, P.E. Page 2 The following is a brief listing of some of Mr. Sadam's projects: ❖ OCTA Euclid Street Signal Synchronization Demonstration Project and Chapman Avenue and Orangethorpe Avenue TLSP Projects. ❖ Tier-1 and Tier-2 San Bernardino Valley Coordinated Traffic Signal System Design, Implementation and Management of 650 signals in 15 cities. ❖ OCTA Bus Rapid Transit and Traffic Signal Synchronization Project on Harbor Boulevard and State College Boulevard. ❖ Orange County Traffic Signal Coordination Program. ❖ I-405 Freeway (SR-73 to I-605) Major Investment Study and subsequent PSR/PDS and PA/ED in Orange County. ❖ Orange County and Southern California Regional ITS Architecture ❖ San Bernardino Valley Coordinated Traffic Signal System Plan, San Bernardino Associated Governments. ❖ Coachella Valley Signal Synchronization Feasibility Study, Coachella Valley Association of Governments. ❖ Fullerton Year 2020 Traffic Projections and Identification of Long Term Roadway Improvement Study. ❖ Bolsa Chica Corridor Capacity Augmentation Study. ❖ Indian Canyon Drive, One -Way to Two -Way Conversion Traffic Study, Palm Springs. ❖ Citywide Transportation Study and Developer Fee Program, Montclair. ❖ Yuma Drive/I-15 Freeway Interchange Feasibility Study, Norco. ❖ Soledad Canyon Road Traffic Flow Improvement Study, Santa Clarita. ❖ Travel Demand Forecasting Models - Cities of Colton and Montclair. ❖ Lancaster Citywide traffic signal coordination project, which involved coordinating 85 signals on ten crossing arterials. ❖ Traffic signal synchronization of 260 signals on 22 crossing arterials in the Cities of Fountain Valley, Garden Grove, Huntington Beach, Seal Beach and Westminster. ❖ Multitude of traffic signal system design and signal coordination projects throughout Southern California. ❖ Traffic signal synchronization of 113 signals on eight arterials in the Cities of Chino, Montclair, Ontario, Upland and the County of San Bernardino. ❖ Street Lighting Master Plans for Beverly Hills, Baldwin Park, and Orange. ❖ Pavement Management Program for Beverly Hills. ❖ Accident analysis and improvements, separate studies in the Cities of Baldwin Park, Downey, Inglewood, La Habra, Montclair and Palm Springs. AIH RI () " I k .� titi� �1 I \ 1 1 Mr. Chalap K. Sadam, P.E. Page 3 PAPERS/PRESENTATIONS "San Bernardino Valley Coordinated Traffic Signal System - Implementation of Tiers 1 & 2" Presented at ITE Annual Conference, Anaheim, California "Orange County, California's Traffic Signal Coordination Program" Presented at ITE District 6 Meeting in Portland, Oregon "Strategies to Recapture Lost Arterial Traffic Carrying Capacities." Presented at the ITE Annual Conference, Rapid City, South Dakota "Measures to Mitigate Impacts Associated with Temporary Closure of a Major Intersection in Orange County" Presented at ITE District 6 Annual Meeting, Honolulu, Hawaii "Developing Coordination Signal Timing Using Software as a Tool" Presented at ITE Southern California and RSBTEA Seminars "Development of Traffic Signal Coordination Timing." Presented at the Riverside -San Bernardino ITE Section Workshop "Quantification of Air Quality Benefits Achieved Through Traffic Signal Coordination" Presented at ITE District 6 Annual Conference, Salt Lake City, Utah "A Successful Multijurisdictional Traffic Signal Coordination Project" Presented at ITE Annual Conference, Dana Point, California "Multijurisdictional Traffic Signal Coordination - A Pleasant Experience" Presented at the 65th Institute of Transportation Engineers Annual Meeting, Denver, Colorado l �K u�l Kn At, B FR'I' t--+ ROVER & VASSOCIATF.S EDUCATION BS, Civil Engineering University of California Irvine,1996 Certified Geographical Information Systems Westech College Irvine1997 PROFESSIONAL ASSOCIATIONS Institute of Transportation Engineers PROFESSIONAL REGISTRATION Registered Civil Engineer in Cafrfomia CE # 64349 GREG WONG, P.E. SENIOR TRANSPORTATION ENGINEER PROFESSIONAL EXPERIENCE Mr. Wong rejoined Albert Grover & Associates (AGA) in July 2001, as a Transportation Engineer. He had previously worked for AGA for several years prior to leaving to obtain experience working in the public sector. His duties at AGA include the preparation of ITS design plans, traffic impact studies/analyses, traffic signal coordination timing plans, GIS analysis/design/implementation projects, parking circulation analyses, and traffic signal designs. Mr. Wong has extensive experience in using a variety of transportation planning and traffic engineering software, such as Synchro, VISSIM, HCS, and WEBSTER. Other software includes GIS (ArcView), AutoCAD and MicroStation. Prior to rejoining AGA, Mr. Wong worked for the City of Los Angeles Department of Transportation as a Transportation Engineering Associate and the Los Angeles County Public Works Department as a Civil Engineering Assistant. As a Transportation Engineering Associate, Mr. Wong worked in the Bureau of Traffic Management. His duties were to divert and control the flow of cut -through traffic from residential areas on to arterials and to monitor the Safe Route to School program. He also prepared the AB 1475 Grant application for the installation of Smart Crosswalks at 50 uncontrolled intersections in the City of Los Angeles. As a Civil Engineering Assistant for the County of Los Angeles, Mr. Wong prepared and reviewed traffic signal coordination timing plans, traffic signal modification plans, striping and marking layouts, maps utilizing GIS (ArcView), and left - turn studies. He was a key participant in numerous projects that involved the state, local cities and private agencies. These included County TSSP projects, street and highway improvement projects, local city projects and County signal upgrades. The following is a brief listing of some of the projects on which Mr. Wong has been involved: ❖ La Habra/Brea Signal Timing Coordination Project: Signal timing and coordination for 74 signals on 8 arterials in the Cities of La Habra and Brea. ❖ City of Burbank: Signal timing and coordination of 25 signals (including one Caltrans signal) on two arterials (Magnolia Street and Garden Grove Boulevard). ❖ Orange County Transportation Authority Orangethorpe Avenue TLSP Project: Signal timing and coordination for 48 signals in the Cities of La Palma, Buena Park, Fullerton, Anaheim and Placentia, including Caltrans. Mr. Greg Wong, P.E. Page 2 ❖ San Bernardino Associated Governments Signal Coordination Project: Signal interconnect, timing and coordination of approximately 650 signals throughout 12 Cities. ❖ City of Fullerton General Plan Update: Assist the City of Fullerton in the traffic analysis of the update to the General Plan. Analysis includes the traffic impacts to 96 intersections and development of long term mitigation needs. ❖ Orange County Transportation Authority Bus Rapid Transit Project: Signal timing and coordination of 157 signals on three arterials (Harbor Blvd, Chapman Avenue and State College Boulevard) in the Cities of Brea, Fullerton, Anaheim, Garden Grove, Santa Ana, Fountain Valley and Costa Mesa. ❖ Los Angeles County Traffic Signal Synchronization Projects: Analysis and recommendations on upgrading signals along Artesia Boulevard, Studebaker Road, Wilmington Avenue, and Vincent/Glendora/Hacienda Boulevard. ❖ City of West Hollywood, Sunset Boulevard Signal Timing Project (12 intersections): Convert BiTran 233 program timing to BiTran 2033 program timing. Modify/fine tune existing timing plans and/or create additional timing plans where needed. ❖ Costa Mesa/Santa Ana Signal Timing Coordination Project: Signal timing and coordination for 41 signals on 5 arterials in the Cities of Costa Mesa and Santa Ana. ❖ Orange County Transportation Authority Chapman Avenue TLSP Project: Signal timing and coordination for 52 signals in the Cities of Orange and Garden Grove, including Caltrans. ❖ Orange County Transportation Authority I-405 Widening Project (I-605 to SR-73): Freeway, ramp and arterial intersections evaluations/analyses. ❖ Fullerton Transportation Center Project: Assist the City of Fullerton in the traffic impact analysis of the Fullerton Transportation Center. Run the City's model and analyze the impacts of the project and develop mitigations. ❖ City of Burbank: Signal timing and coordination of 37 signals on two arterials (Hollywood Way and Buena Vista Street). ❖ City of Huntington Beach: Signal timing and coordination of 51 signals on five arterials. ❖ City of Fountain Valley: Signal timing and coordination of 55 signals on nine arterials. ❖ Orange County Transportation Authority Euclid Street Regional Traffic Signal Synchronization Project: Signal timing and coordination of 66 signals on Euclid Street in the Cities of La Habra, Fullerton, Anaheim, Garden Grove, Santa Ana and Fountain Valley, including Caltrans. ❖ City of Pasadena: VISSIM Modeling and signal timing for the Pasadena Light Rail (Gold Line). ❖ Multijurisdictional Traffic Signal Coordination Timing Project: Coordination of 50 signals on one arterial for the Cities of Pico Rivera, Downey, South Gate, and Paramount. ❖ Los Angeles County: Multijurisdictional signal timing and coordination of signals on Atlantic Boulevard, Garfield Avenue, and Sepulveda Boulevard. AI.BF.RT GRt)VER Y Mr. Greg Wong, P.E. Page 3 ❖ City of Fullerton: Citywide Traffic Impact Analysis and Long Term Mitigation Needs. ❖ City of Lancaster Signal Timing Project: Signal timing and coordination of 85 signals on 10 arterials. ❖ Multijurisdictional Traffic Signal Coordination Timing Project: Coordination of 56 signals on two arterials for the Cities of Fullerton, Placentia, and Yorba Linda. ❖ City of La Habra traffic impact studies at various locations. ❖ Coachella Valley Association of Governments: Signal Interconnect Master Plan Cost Analysis. ❖ Assisted in preparing signal modification plans for projects in the Cities of Yucaipa, Cerritos, and La Habra. ❖ City of Beverly Hills Street Lighting System Master Plan: Data gathering and analysis. ❖ DataBase & Software Development - Accident Surveillance, Traffic Sign Inventory, Collision Diagrams & Training of staff for the Cities of: Brea, Murrieta, Taft, San Fernando, Newport Beach, and the County of Monterey. Traffic Study Reports and Traffic Impact Reports for various agencies in California. ❖ Analysis for Build -Out & Projected Year 2020 and Regional Traffic Plan RTP 2030 as part of the General Circulation Plan for the City of Murrieta. •e Design of the "Parabolic Vertical Curve program", "Time Space Diagram", "Collision Diagram", • and many other computer programs and routines. AlT,FkT GK()v1-.K A ASUCIA I ES ALBERT ROVER & ASOCIATES EDUCATION BS, Civil Engineering Universidad De Guadalajara, Guadalajara, Mexico,1986 Computer Aided Design, and Customizing with AutoLisp Fullerton College,1988,1989 ArcCAD, ArcView, and Customizing ArcView Environmental Systems Research Institute (ESRI), 1994 Iteris Vantage Intermediate Planning Video Detection Training Iteris, 2013 PROFESSIONAL ASSOCIATIONS Institute of Transportation Engineers Orange County Traffic Engineering Council PROFESSIONAL REGISTRATION IGNACIO SANCHEZ H., P.E., T.E., PTOE SENIOR TRANSPORTATION ENGINEER PROFESSIONAL EXPERIENCE Mr. Sanchez joined Albert Grover & Associates (AGA) as a Transportation Engineer. His duties include design of traffic signal, signing, striping, and signal interconnect plans; project management; preparation of engineers cost estimates and specifications; GPS unit installations; street lighting design; improvement plans; and development and installation of system graphics for various Traffic Control Systems. Mr. Sanchez has prepared plans for Caltrans and other government agencies including the County of Riverside, County of Los Angeles, the Cities of Riverside, Santa Clarita, Victorville, Fullerton, Brea, Highland and La Habra, and for private developers including Home Depot. He recently worked with the Orange County Transportation Authority (OCTA) as Task Manager of the Bus Rapid Transit (BRT) project, Transit System Priority (TSP). Mr. Sanchez is responsible for ensuring compliance with all current regulations and standards, including the most recent CA MUTCD, the Caltrans Highway Design Manual, ADA requirements, etc. Additional experience includes work with SBCTA on a project with Caltrans and 15 agencies in the County of San Bernardino. Duties included managing installation of GPS units on Interstate and State Routes in coordination with Caltrans and development and installation of Aries Traffic Management system graphics for the County of San Bernardino and the Cities of Chino, Fontana, Rancho Cucamonga, Rialto, and Ontario. Mr. Sanchez was also the project manager for the design of the Lambert Corridor and La Habra/Central/State College Regional Signal Synchronization Projects (RTSSP) for OCTA in coordination with the Cities of La Habra and Brea. Prior to joining AGA, Mr. Sanchez worked for Rick Engineering as a Principal Traffic Engineer. His duties there included project coordination with Caltrans and other government agencies. Specifically, he was responsible for coordination and implementation of traffic signal design and construction; coordination timing plan development; signal modification; plan checking; development of signing and striping plans; development of traffic control plans, and PS&E. Mr. Sanchez also provided on -site traffic engineering services to the City of Murrieta where he was responsible for developing coordination timing plans Citywide, including with Caltrans signals. Mr. Sanchez began his career at Mohle, Grover & Associates in 1989, and next worked at Hank Mohle & Associates. At these two companies, Mr. Sanchez was a GIS Manager & Data Analysis/Transportation Designer. Mr. Ignacio Sanchez, P.E., T.E. Page 2 The following is a brief listing of some of the projects on which Mr. Sanchez has been involved: ❖ Orange County Transportation Authority I-405 Major Investment Study, I-405 Widening Project Study Report (PSR) and I-405 Widening Project Report & Environmental Document (PR-PD): Intersection level of service analyses at 29 arterial intersections and 14 freeway interchanges. ❖ City of Lake Elsinore - Central Avenue/SR-74 at 1-15 for both Interim and Ultimate improvements. Assisted in preparing traffic analysis report for Interim PSR-PR. ❖ City of Indio - Jackson Street at I-10 for both Interim and Ultimate improvements. Included the signalization of ramps with PPLT phasing as well as signal coordination, implementation, fine-tuning and monitoring. Prepared traffic analysis report for PSR. ❖ City of Indio - Monroe Street at I-10 for Interim Improvements. Includes the signalization of ramps with PPLT phasing as well as coordination timing plans. ❖ City of Victorville: Bear Valley Road Improvement Project: Signal timing and coordination, striping and intersection improvements for 17 intersections (City and Caltrans intersections), including the conversion of five intersections to Protected/Permissive Left Turn Phasing. ❖ Emergency Vehicle Pre-Emption (EVP) of infrared equipment at five traffic signals and 15 emergency vehicles in the City of Highland (included construction management in the field). ❖ Signal modification at Euclid Street/Country Hills Drive in the cities of La Habra and Fullerton (included bid assistance and construction management). ❖ La Habra Boulevard/Central Avenue/State College Boulevard Corridor RTSSP Project ❖ Euclid Street Corridor RTSSP Project ❖ Brea Boulevard RTSSP Corridor Project ❖ Lemon Street Corridor RTSSP Project ❖ Bolsa Avenue/1st Street Corridor RTSSP Project ❖ Lambert Road Corridor Regional Traffic Signal Synchronization Project RTSSP ❖ Traffic Control Technology Improvement Program for the City of Brea The responsibilities and tasks performed by Mr. Sanchez included construction inspection in the field, answer design questions to contractor during construction (11171), generate change directives and change orders on behalf of the City, coordination with Caltrans, coordination with Southern California Edison, daily logs reporting using a City's online Virtual Program Manager, review and approval of equipment quantities during construction for progress payments, and preparation of as - built plans. The improvements and equipment for the projects mentioned above included installation of traffic controller cabinets and controller units, service cabinets, pull boxes, conduits, signal cables, DSL switches, fiber optic cable and fiber switches in the cities and at Caltrans interchanges, Closed Circuit Television Systems at the signalized intersections and at each city's Traffic Management Centers, video detection system including capture of video to the TMC, GPS Emergency Vehicle Pre-Emption System at the intersections and the EVP Central Management System at the city's TMC, signal communication HUB including a Gb switch, and Layer 3 switch/router with integration to the city's TMC. A„f�f fvlf�� CONSULTANT, Albert Grover & Associates, Inc COMPANY NAME A California Corporation By: ��E- -C-qV((-0t+ s>AC& print name ITS: (circle one) Chairman/Presiden ice President AN By: print name CITY OF HUNTINGTON BEACH, a municipal wrporation,Qf the State of Caliilbraia . (11 Ma or Q � l� City Clerk /o/dR/M 28 INITIATED AND P ROVED: (Director of Public orks ITS: circle one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer REVIEW APPROVED: f�y ager APPROVED City Attorney p V agree/ surfnet/professional Svcs mayor 11 of I 1 10/12 L-1 As.i.ln— Proadore. NI-0 DBE Contract Goal Traffic Engineering C.—Mont H.—;....ran IU-1, V-1...e Imnrn.-w.nwnt Prni— EXHIBIT 9-D DBE Contact Goal Methodology Item No. Approx. Quant. Meas. Unit Item Description Unit Price Total Likely to be Performed by Sub -contractor (Y@Yes)? Trucking or Supply of Material Involved Y-Yes ? Work Category Code (enter a code if corresponding cell in either Column G or H ie'v") Number of Available DBEs DBE Work Factor9 (input a ercenle a only If the number of available OBEs 9) DBE Work Dollar Amount Comment 1 1 LS Traffic En ineering $ 60,000.00 $ 60,000. W N N $0.00 2 1 LS Traffic Plans and Specifications $ 150 000.DO $ 150 000.00 N N $0.00 3 1 LS Cost Estimates $ 10000.D0 $ 10000.00 N N $0.00 4 1 LS Technical Studies $ 4D 000.00 $ 40 000.00 N N $0.D0 5 1 LS Survey $ 10 000.00 $ 10 000.00 Y N C8760 28 100% $10 000.00 6 1 LS Construction Engineering Support $ 30 000.OD $ 30 000.00 N N $0.00 TOTAL $300,000.00 Work Code TOTAL DBE $10,000.00 WORK AMOUNT DBE Goal 2 % I'l— _ ,r Dr,-1— 3n.:u I I